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Nursing is a fantastic job. It’s also one that can be both physically and emotionally taxing. When a nurse is accused of some type of misconduct, it can have serious consequences.
Registered nurses, nurse practitioners, advanced practice nurses, and licensed vocational nurses are all regulated by their California nursing boards. If a complaint is made about a nurse, the nursing board could impose discipline, including suspension, probation, or revocation of their nursing license. A seasoned Palm Springs nursing license defense attorney can advocate for you and help you achieve the best outcome given the facts of your case.
Based in San Diego, the Law Offices of Nicole Irmer represents nurses throughout California who are dealing with licensing and disciplinary matters. As criminal defense attorneys, we can also represent clients who are facing related criminal charges. Reach out to our law firm to schedule a consultation with a member of our legal team.
Nurses in California are governed by either the California Board of Registered Nursing (BRN) or the California Board of Vocational Nursing and Psychiatric Technicians (BVNPT). Each of these boards is responsible for protecting the public by regulating the practice of nursing.
To do so, the BRN and BVNPT set standards for nursing education and licensure and issue nursing licenses. These boards also investigate and – if necessary – sanction violations of the Business and Professions Code.
The disciplinary process usually begins when a complaint is filed by a person who believes that a nurse has engaged in some form of professional misconduct. This complaint may be filed by anyone, including a patient, coworker, manager, insurance company, or a family member of a patient. If a nurse has been charged with a criminal offense, such as driving under the influence or domestic violence, then a law enforcement agency may make a referral via the DOJ fingerprint database to the BRN or BVNPT. A LVN has a duty to disclose the arrest of crime to the BVNPT. And both a RN and LVN must disclose to their respective Boards a conviction of a misdemeanor offense.
Once a complaint has been received, a Board investigator will look into it. They will typically reach out to a licensee to ask them to answer questions and sign paperwork. Because anything that you say to a Board investigator can be used against you in both the disciplinary process and a criminal investigation, you should not talk to an investigator until you have had the chance to seek legal counsel.
There are several possible outcomes to Board investigations. First, if the complaint is unfounded, the Board will close the file and dismiss the complaint. Second, for minor violations, the Board could suggest a nondisciplinary sanction – such as a warning or a citation and fine. Third, if there is evidence to support the allegations of the complaint, the Board will refer the case to the Office of the Attorney General.
Next, the Attorney General and Board will likely file a formal Accusation. This legal document lists the facts of the case and the violations that they believe occurred. Once a formal Accusation has been filed, it may be resolved through a stipulated settlement or an administrative hearing. A Palm Springs nursing license defense lawyer can help you achieve the best outcome by taking a proactive approach.
Once an Accusation has been filed, there is the possibility of serious discipline – up to and including the loss of your nursing license. As such, it is important to consult with a Riverside County healthcare license defense lawyer. Your attorney can get to work immediately to protect your license and livelihood.
Medical professionals are subject to the California Business and Professions Code. A nursing board disciplinary action is based on a violation of this law, including:
Depending on the facts of the case and the severity of the alleged violation, the outcome of a complaint may include:
Any disciplinary action is a matter of public record in California. As legal counsel for medical professionals, our goal is to resolve the case without formal discipline to help our clients move forward with their lives.
Nurses who are dealing with mental health and/or chemical dependency issues may be able to participate in an intervention program. This option may result in an accusation being withdrawn if the licensee successfully completes the program. However, there are drawbacks to this program – including close monitoring, a license suspension, and the imposition of discipline if you don’t complete the program. Your attorney can help you understand the pros and cons of the intervention program for California nurses.
The potential consequences of a nursing license violation are harsh. However, it is possible to defend yourself against allegations of professional misconduct and even criminal offenses. We have extensive experience helping healthcare professionals resolve licensing and disciplinary issues. We will work with you to help you get the best result for your case.
Being the subject of a complaint can be devastating for any nurse. It is possible to defend yourself against allegations, including by presenting mitigating evidence. Our Palm Springs nursing license defense lawyers will work with you to protect your rights and your license.
The Law Offices of Nicole Irmer represent healthcare professionals, including nurses, in all types of licensing and disciplinary matters. For each of our clients, we utilize a variety of strategies to help them resolve a case and maintain their professional license when possible. To learn more or to schedule a consultation with a Palm Springs nursing license defense attorney, call our office at 619-237-6130 or fill out our online contact form.