Our appreciation goes out to all healthcare professionals on the front line and our sincerest thoughts are with our community both locally and afar. During these unprecedented times, The Law Office of Nicole Irmer, as an essential business, remains open and available to help. If you need assistance maintaining or applying for a professional license, of if you have been contacted by a Board or DCA investigator, please do not hesitate to contact us at (619) 237-6130.

Experienced Nurses Convicted Of Driving Under The Influence Avoid Formal Discipline

Posted in Licensing Defense

Although the Board of Registered Nursing’s website does not make it clear, Registered Nurses are required to disclose their conviction within thirty days. Title 16 of the California Code of Regulations Section 1441(c). When disclosing a conviction to the BRN it is important to provide documentation of mitigation and acceptance of responsibility with the goal of potentially resolving the matter before the case has been forwarded to the Attorney General’s Office and an Accusation is made public.

Once the case has been forwarded to the Attorney General’s Office, an Accusation detailing the conviction will be made public, and the punishment imposed may be more stringent. By attempting to litigate the matter early, the licensee will have multiple opportunities to demonstrate that formal discipline is not necessary or appropriate.

Recently, our office has represented two experienced Registered Nurses, who made mistakes and were ultimately convicted of Driving Under the Influence of Alcohol. By being proactive, providing lengthy mitigation packets, and zealously advocating for our clients we were able to avoid the filing of an Accusation and avoid formal discipline. The Nurses continued in the profession they cherish without the public stigma of discipline. Both nurses were instead issued a Citation and required to pay a nominal fine.

If you have been arrested or convicted of an offense, do not hesitate in contacting our office at (619) 237-6130.

I made a poor decision to drink and drive several years ago. Although I was severely reprimanded by the county/state I lived in and suffered the consequences, I was fortunate enough that it did not affect me in obtaining my RN license in my state the following year. I wanted to make sure that my past did not follow me to California, where regulations on professional medical licenses are much more strict. I went through multiple phone conversations with various lawyers in trying to find someone I felt confident with. The majority of people I spoke with were not very optimistic while some were even rude and condescending!

I stopped making phone calls the day I spoke with Nicole because I was very satisfied with the way she handled my inquiries and how she made me feel regarding the situation. She was very positive, but realistic in what I may be expecting. I was fortunate enough to meet with her in person on a trip to San Diego and she was very kind, professional, and inviting. Her assistant Kimberly is also the sweetest and extremely helpful! I would recommend this practice to anyone finding themselves in a tough situation requiring professional legal guidance, particularly in the medical field. I’ll be making the cross country journey soon with my new California RN license! 🙂

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