Registered nurses (RNs) in California hold a critical position in the healthcare sector, where they help support and comfort patients. Due to the nurse’s vital role, ensuring that one retains their nursing license is difficult.

Misconduct, criminal records, or even rejection of your license application could jeopardize your career and life. The California Board of Registered Nursing (BRN) oversees the licensing and disciplining of nurses, and it could be challenging to go through the disciplinary or licensing processes.

If you face allegations or denial of licensure, you want to retain an experienced license attorney from Sacramento License Attorney. We can assist you with your administrative hearing and obtaining your nursing license.

The Valuable Services Rendered by Registered Nurses

A registered nurse is a professional who provides medical expertise and the emotional support that patients need. Your duties include administering medications, assessing the patient’s physiological status, and counseling patients and their families about managing diseases. Every task you do is significant because you are the patient's first and regular point of contact after seeking treatment.

You practice in schools, community health centers, and patients’ homes. Here, you are a healthcare provider and a social activist at the same time. You are tasked with ensuring that each patient receives the attention and care they need. Your expertise is diverse, starting from chronic disease management to emergency care.

In addition, your work is based on empathy, which is as indispensable to you as any clinical skill. Hospitals and clinics are uncertain places for patients and their families; they only need assurance from someone they can trust. Assurance makes communication skills essential for you as a clinical officer. Sometimes, you listen to their complaints, explain complex medical information, and comfort them when distressed.

The Mission of the California Board of Registered Nursing

The primary purpose of the California Board of Registered Nursing (BRN) is to safeguard the health of the people of California through the regulation and supervision of registered nurses. The BRN is also committed to protecting the public interest by ensuring all RNs practicing in California are competent and ethical. This commitment to public safety is the reason behind the BRN's policies and actions.

Following its mission, the BRN is involved in licensing, enforcement, and education. Licensing is an elaborate process that ensures that every nurse who practices has met the required education, training, and moral standards that will enable them to serve the public effectively. Through these standards, the BRN guarantees that only competent people practice nursing, hence protecting the health sector’s integrity.

Besides licensing nurses, the BRN is also charged with implementing the laws and regulations relating to nursing practice in California. The licensing agency is responsible for receiving and addressing complaints and recommending and deciding on disciplinary measures against nurses who have displayed professional misconduct or are a risk to the safety of patients.

The BRN handles simple regulation breaches up to the most severe allegations, which can culminate in the cancellation of a nursing license. In addition, the BRN aims to promote the status of the nursing profession through education and the enlightenment of the public.

Common Complaints and Allegations

The California Board of Registered Nursing (BRN) annually processes many complaints and allegations against nurses. All these complaints may be of different degrees and can lead to losing your license and career. These include:

  1. Unprofessional Conduct

Misconduct covers many actions that may involve:

  • Violations of the patient’s rights to privacy.

  • Sexual misconduct.

  • Physical and emotional misconduct.

  • Working under the influence of alcohol or other drugs.

  • Writing false entries in the patient’s records.

  1. Poor Patient Care or Neglect

Since you are a nurse, you should exercise a high level of professionalism when handling patients, and any instance of negligence can attract the wrath of the law. This could include the following:

  • Giving the wrong prescriptions.

  • Negligence in the administration of medicine.

  • Not following the doctor’s instructions.

  • Inadequate supervision of the patient.

  1. Criminal Convictions

Any criminal charges, including DUI, drug possession, or theft, may attract an investigation by the Board since these are perceived to be relative to the character of a nurse. The BRN also has the power to discipline you based on these convictions, even if they relate to your conduct outside of your professional practice.

  1. Substance Abuse

Nursing is a high-stress occupation, and, to a certain extent, some of the nurses may develop substance dependency issues to deal with stress. The BRN has steadfast rules concerning substance abuse. Depending on whether there is evidence that a particular nurse is a substance abuser, they will be subjected to rehabilitation or disciplinary action.

  1. Forgery of Patient Charts and Records or Embezzlement

This includes billing for services not provided, perhaps the worst offense any nurse can commit. Such allegations directly jeopardize the trust that patients and the healthcare system put in you. The ramifications could range from criminal charges to professional sanctions.

The BRN Enforcement Program

The enforcement program monitors all registered nurses in California and enforces the members' compliance with the standards of the nursing profession in California. The program's primary function is to protect the public interest in a structured and comprehensive manner regarding complaints and allegations against nurses. This program is paramount for every registered nurse in California since its operation directly influences the license and the profession.

The enforcement program is subdivided into several phases, including:

Complaint Intake

The enforcement process begins with the filing of a complaint. A complaint is a legal assertion about a registered nurse's behavior, standard of practice, or capacity to practice. Such complaints can be made by the patient or the patient’s family, other healthcare professionals, the employer, or any other public member.

The BRN considers every complaint serious. Upon receipt, a complaint is screened to determine whether it falls under the board’s purview and warrants investigation. When the complaint is believed to be genuine and within the board's jurisdiction, it proceeds to the investigation phase.

Investigation

In this phase, the BRN compiles all necessary information to determine the merit of the complaint. This may involve scrutinizing the patient's documents, taking statements from witnesses, and calling on medical professionals. The inquiry process is very structured, strictly following the approach that seeks to establish all the details of a case and whether there is a violation of professional conduct.

While being investigated, you may be required to provide documents, be interviewed, or answer specific allegations. The investigation's time may differ depending on the case and the available evidence. After the investigation, the BRN will decide whether to proceed to court or dismiss the case.

After a thorough investigation, the BRN may find that the allegations against you are unfounded or have insufficient evidence to support any disciplinary action. The complaint is dismissed, and no further action is taken. This outcome is the most favorable, allowing you to continue your practice without any marks on your professional record.

Legal Action

If the investigation points to some illegality, the BRN may proceed to sue. This can take several forms, including:

  • A citation and fine. This outcome indicates that while there was a breach of regulations, it was not severe enough to warrant more stringent disciplinary measures. A citation typically involves a monetary penalty.

  • License suspension or revocation. Suspension temporarily halts your ability to practice nursing, often for a defined period, after which you may need to meet specific conditions to reinstate your license. Revocation is the most severe outcome. It means permanently losing your license in California. This outcome is typically reserved for the most egregious cases, including:

    • Gross negligence.

    • Criminal activity.

    • Repeated violations of nursing standards.

  • Probation. Probation is designed to correct behavior while enabling you to work, but it also serves as a period of close monitoring. Probation allows you to continue practicing as a nurse under the board's specific conditions, including:

  • Regular reporting to a probation officer.

  • Mandatory drug testing.

  • Completion of continuing education courses.

  • Restrictions on certain types of practice.

Different possible consequences of legal proceedings exist, and the crime's severity and the case's context determine the potential outcomes.

Probation Monitoring

If BRN finds more significant violations, they may impose probation. Probation allows you to continue practicing as a nurse under the Board's specific conditions. These conditions could include regular reporting to a probation officer, mandatory drug testing, completion of continuing education courses, or restrictions on certain types of practice. Probation is designed to correct behavior while enabling you to work, but it also serves as a period of close monitoring. Non-compliance with probationary terms can result in further disciplinary action, including the possible suspension or revocation of your license.

For nurses placed on probation, the BRN imposes specific terms that must be followed to maintain their license. Probation is a period during which the nurse is closely monitored to ensure compliance with the conditions set forth by the board. These conditions may include regular reporting to a probation monitor, drug testing, attending continuing education courses, or working under supervision.

Failure to comply with probationary terms can lead to further disciplinary action, including potentially revoking the nursing license. However, completing probation allows you to return to practice without restrictions, albeit with a permanent record of the disciplinary action taken. Probation serves as a corrective measure, allowing nurses to rectify their conduct while maintaining their professional status.

Negotiating a Resolution

When facing a possible licensure revocation, negotiating a solution is one way to protect your career. This process enables you to reduce the impact of the effects in the case of a guilty verdict and agree with the BRN before the case proceeds to a formal hearing.

To negotiate a solution, you must assess the merits of a case that may be leveled against you. This entails a review of the complaint, any investigations done, and any other documents you may have in your defense. With this information, you or your nursing license attorney can contact the BRN to negotiate a resolution that will satisfy the board and preserve their ability to practice nursing.

Negotiation requires a good grasp of the law and nursing profession. Its purpose is to refute the accusations and prove that professional standards are being followed. This might include admitting errors and promising to make amends. The idea is to build a case to persuade the BRN that a lighter punishment, such as probation or a citation, is warranted in light of the circumstances.

The BRN may often be inclined toward a fixed-term agreement, which is an agreement between you and the board. This agreement sets out how you can continue to practice under your license, which may be accompanied by conditions such as:

  • Undertaking further training.

  • Practicing under supervision.

  • Practicing under a probationary period.

Settlement may also help save time and money, easing the burden of a long-drawn legal case. Nonetheless, it is crucial to go into this process with a legal awareness of your rights and the possible consequences of the signed agreement. Although you might receive what appears to be a good deal in a settlement, this will be placed on your record and may harm you in the future when seeking a job or a license in another state.

Denial of Registered Nursing Licensure

There are cases when the application for licensure can be denied, even if you are a dedicated and qualified candidate. This result is not the final word, however frustrating it may be. The board carefully examines every submitted licensure application. In addition to your academic and career credentials, the board investigates your criminal record, past violations, and character.

A criminal background is the most frequent cause of license denial. The BRN can deny issuing a license to any person convicted of a crime reasonably related to registered nursing practice. These include fraudulent activities, theft, drug-related offenses, and any acts of misconduct likely to put patients' lives at risk or betray the profession's ethics. The BRN considers the type of crime committed, the period that has elapsed since the conviction, and the facts of the offender’s rehabilitation.

The denial of a nursing license may be due to academic dishonesty or professional misconduct during your nursing training. If the BRN discovers that you cheated, forged documents, or otherwise misrepresented your educational qualifications, the board may doubt your ability to meet the ethical standards of a nurse. Likewise, if you have been disciplined for practicing in other states or have a history of unprofessional conduct, the board may rule that you do not qualify for a license.

Contact a Sacramento License Lawyer Near Me

If you are already facing allegations or disciplinary action, it is essential to save time. Defending yourself is much more challenging when the time taken is delayed. At Sacramento License Attorney, we ensure that we review the facts and the evidence and build a strong case for your case. Call us at 279-242-4711 to help with quality legal representation.