Professional Misconduct Accusation Withdrawn for California Registered Nurse

Recently our office defended a Registered Nurse who was facing a formal Accusation for Unprofessional Conduct stemming from allegations of inappropriate conduct and speech in the workplace.  This RN had a long history in service to our country and had been in treatment for mental health.

After consulting the BRN’s Intervention Program (Maximus), we were advised that the mental health diversion program works with nurses recovering from combat related diagnosis. Moreover, because the Board’s diversion/intervention program is an alternative discipline, if accepted into the program the Board is required to dismiss the Accusation – if the allegations relate to the underlying diagnosis.

The Board’s Intervention Program is very difficult, it requires the nurse to sit out of work for a period of time, and participate in significant treatment related programs. However, the benefits of completing the Board’s Intervention Program cannot be undervalued. Completion of the Program is an alternative to discipline – meaning that our nurse was able to have the damming Accusation removed from the Board’s website, Breeze, and Nursys, he was able to continue working in his chosen profession without the stigma of the Accusation being published online for the world/employers/patients/colleagues to read, and he was able to keep an unencumbered license. 

At times the best defense to a case of professional misconduct is to undermine the allegations, whereas others it is best to find a way to mitigate the long-term repercussions to the nurse. In this matter, the nurse was able to successfully participate in the program, receive treatment for his underlying diagnosis, and keep his license and reputation intact. 

If you are facing an Accusation by your licensing Board, and need legal representation, please do not hesitate to contact our office. 

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