Between the money and time you have invested into school, putting in hours of experience, and sitting in exam rooms, becoming a licensed vocational nurse or psychiatric technician is an achievement. The job is grueling, but helping patients is something to be proud of. Regrettably, all your sacrifice can go down the drain with a complaint alleging you engaged in misconduct. Your professional license is fundamental to your livelihood, and hiring a skilled lawyer can help you safeguard your license. Sacramento License Attorney can help you resolve any challenges to your professional license or unprofessional conduct allegations.

Understanding the Vital Roles Of Vocational Nurses and Psychiatric Technicians

In your role as a professional licensed vocational nurse (LVN), patients look up to you to show them compassion as you offer care in different settings. Your duties as an LVN include monitoring patients' well-being in hospitals, nursing homes, or during home-based care.

The vocational nurse roles are vital and consist of:

  • Monitoring while caring for patients with chronic illnesses.
  • Monitoring and recording vital signs.
  • Recording the patient's progress.
  • Administering treatment and medications.
  • Using intravenous machines or equipment.
  • Dressing and looking after wounds.

A vocational nurse's responsibilities are crucial and sought-after; hence, the education and training required to become a vocational nurse are demanding. It takes a lot of time to meet the requirements, and the costs are high.

A single error can undo all you have sacrificed, while allegations from a dissatisfied patient making false accusations or demanding unreasonable demands could hurt your career. Fortunately, all is not lost;  as a professional licensee, the law permits you to fight any accusations or complaints against you. A skilled attorney can help you defend your professional license and source of income.

The role of a psychiatric technician (PT) involves caring for patients with mental health disorders and those with developmental disabilities.

A psychiatric technician does work independently but acts under the supervision of a psychologist, physician, registered nurse, rehabilitation therapist, social worker, or other professional personnel.

The responsibilities of a licensed psychiatric technician consist of:

  • Using and conducting basic assessment (data collection), engaging in planning, carrying out interventions per the treatment plan or care plan, and contributing to evaluating personalized interventions associated with the care plan.
  • Providing direct patient care, including administering treatment/medication, providing essential nursing services, and utilizing communication skills for the education and care.
  • Contributes to the development and implementation of teaching plans associated with the self-care of patients.

California Board of Vocational Nursing and Psychiatric Technician Mission

The BVNPT’s mandate protects consumers from unsafe and unprofessional licensed PTs and LVNs. The board achieves this through its disciplinary, regulatory, and licensing functions.

To safeguard the public, the agency:

  • Formulates the minimum requirements for exams and licensure.
  • Establishes educational standards for the approval of PT and vocational nursing schools within the state.
  • Has regulations that clarify the practice, disciplinary, and performance standards for licensees.
  • Enforces rules governing PTs and LVNs by taking necessary disciplinary measures against dangerous or incompetent licensees effectively and efficiently.

Consequently, the board is always quick to respond to all accusations that come its way. While disagreements and numerous false accusations might arise, remember that that board could take even minor complaints out of proportion.

Some complaints that can result in disciplinary action include:

  • Using and abusing drugs or alcohol while on the job — As a psychiatric technician or vocational nurse, It is not uncommon for a patient to file a complaint that you are using narcotics or unlawfully selling them to patients.
  • Being convicted of a crime — A sentence associated with your professional duties or qualifications can damage your career. It applies to both misdemeanors and felonies.
  • Professional misconduct — Borrowing money from your patients is a perfect example of unprofessional behavior.
  • Deviating from your standard of care.
  • Incompetence, gross negligence, or ordinary negligence.
  • Dishonest or fraudulent conduct.
  • Sexual or physical abuse.
  • Facing disciplinary measures imposed by another state authority.

Disciplinary Process

After a colleague, patient, or other person files a complaint against you to the BVNPT, the agency registers it and prioritizes it based on its severity. The board reviews all complaints, determines those with merits, and pursues them. It dismisses all complaints without credibility.

Next, the board will investigate the allegations. It will also inform you of the complaint and that it is initiating an investigation. Do not talk to the investigators without your attorney; you could say self-incriminating things.

During the investigations, the agency could issue you a temporary suspension that prevents you from practicing until your case is closed. Your license defense attorney should be able to fight the move and have you continue offering the services; investigations can be time-consuming, and you must make a living.

The interview during the investigation is your chance to prove that discipline is unwarranted in your case. In your preparation, your attorney will request a summary of the complaint against you before contacting the investigator to know the scope of the investigation. Next, the attorney will work with you to prepare you for the interview, which could involve the steps below:

  • Consulting medical experts.
  • Acquiring psychological analysis.
  • Requesting mitigation records.
  • Requesting court records.
  • Helping you understand the underlying alleged act and related professional and personal factors.
  • Drafting mitigation factors to present before the investigator.

Your lawyer will also assess the provided documentation and information and analyze it to determine whether there are potential criminal consequences. If your conduct could result in criminal repercussions, the legal counsel should advise you of your constitutional rights and strategies to engage in the investigations. 

How Disciplinary Action is Imposed

When the board files an accusation against you, you are entitled to respond and present your evidence. An administrative law judge will schedule a hearing, and they will listen to the complainant and respondent before deciding. Before deciding on the appropriate disciplinary action to recommend, the judge will consider the following factors:

  • The severity and type of the alleged crime.
  • Whether your conduct caused any patient injuries or harm.
  • Whether you have any previous disciplinary measures.
  • Whether you are facing a single or multiple violation(s).
  • Proof of rehabilitation.
  • Whether you cooperated in your investigation.
  • Whether there exists any mitigating or aggravating factors.
  • Possibility of re-offending if you continue practicing.

Some of the most common disciplinary actions include the following:

  • Revocation of your license — Revocation is the most severe penalty. While it is saved for more serious complaints, it could occur to less severe allegations.
  • Professional license suspension — If your license is suspended, you cannot practice for a given duration. The BVNPT could revoke your license if it discovers that you continue working despite the suspension.
  • Citations and fines — The board can recommend that you pay fines or cite you if your complaint is minor. While this disciplinary action is less severe, it is a public record that can prevent potential patients and employers from hiring you in the future.
  • Public reprimand.
  • Probation — If the board revokes your license, filing an appeal could result in probation. It means you can start practicing again after some time. However, you must comply with your probation terms.

The BVNPT reviews the ALJ’s recommendations before making the final decision.

How a Criminal Conviction Can Affect Your Professional License

BVNPT maintains strict and strict reporting requirements to promote the professionalism and integrity of experts working in California. The requirements form part of the dedication to protect the public. Knowing and abiding by the following reporting requirements is critical for every LVN and PT to practice.

Criminal Activities and Convictions

Nurses must notify the board of any conviction for felonies and misdemeanors, whether expunged or not. Some of the crimes that can affect your professional reputation include the following:

  • Driving under the influence (DUI) and drug-related crimes.
  • Crimes of moral turpitude (Crimes that cast doubt about your character and ability to practice. They include theft, murder, and assault).
  • Offenses involving financial malfeasance like fraud, embezzlement.

It is vital to inform the board promptly or 30 days after the conviction.  Otherwise, the failure could result in severe disciplinary measures, culminating in a revocation of nursing license.

Arbitration and Civil Judgment

The board also requires LVNs and PTs to inform it of arbitration awards or civil judgments connected to their practice. It includes malpractice settlements or judgments where a PT or vocational nurse is found guilty. The information you provide helps the board review your decision-making and professional conduct.

Substance Use and Mental Health

Nurses who suffer from mental health conditions or drug abuse challenges that might hinder their capability to practice effectively are encouraged to report to the licensing board. Although this can seem complicated, California has rehabilitation programs to help you recover while safeguarding the general public’s safety.

How to Protect Your Career and License

Navigating the consequences of a conviction or criminal charge requires an informed, cautious approach that can involve:

  • Consulting legal expert who can guide you on how to report the matter and represent you in all administrative hearings.
  • Following all requirements and orders your licensing agency has set forth. It can include completing rehabilitation programs and ethical courses.
  • Reflecting and rehabilitating — Taking steps to fix issues that triggered criminal activity demonstrates your commitment to upholding the standards of your profession.

Interim Suspension Order

An interim suspension order (ISO) or Emergency Order refers to when the board implements a suspension against a licensee pending the completion of investigations into a complaint. Either an administrative law judge or the licensing agency grants Iso. Upon receiving ISO, you must stop all professional roles until the agency completes its investigations and reinstates, suspends, or revokes your license.

Your attorney will provide the appropriate legal counsel while offering the representation you need to achieve the best case outcome.

How to Respond to the Board’s Notification Before the ISO Becomes Effective

After your board petitions the ALJ for an interim suspension order, it will inform you of any upcoming disciplinary hearing. Nevertheless, if the licensing board determines that your behavior poses an immediate danger to the general public, the agency will activate the Interim Suspension Order during an emergency hearing.

If the licensing agency issues the Interim Suspension Order directly, you may or may not get an Accusation and advance notice. Your professional license defense attorney will assist you in developing an effective strategy to contest the charges.

Can You Stop an ISO?

You can convince the BVNPT or ALJ to cancel your ISO by proving why the order is unnecessary. Some of the practical defenses you can use include:

  • Proving that allowing you to continue practicing will not present a danger to the public.
  • Verifying that the ISO could hurt your career.

If you believe the board is unfair, your lawyer can convince the judge to revoke your ISO.

How a Lawyer Can Help You With ISO

Although you can self-represent yourself, your chances of obtaining a favorable case outcome are less. Partnering with a qualified lawyer who understands the process and the most effective legal strategies is wise. Here is what an attorney can do for you:

  • Review your case facts and collect proof supporting your side of the story.
  • Partner with you in developing an effective and thorough response to your allegations.
  • Represent you at administrative hearings.
  • Bring a petition to revoke or review the interim suspension order if it becomes effective.

Contact Competent Legal Assistance Near Me

As an LVN or PT, you have committed your life to helping others, so when an allegation of misconduct arises, it is excruciating to face charges and claims that could prevent you from doing what you love. Irrespective of the nature of the complaint against you, whether false or true, all steps you take during your disciplinary process without skilled legal help can jeopardize your career. The legal team at Sacramento License Attorney brings a wealth of experience in presenting your case and fighting for the best possible outcome while protecting your rights. We can also help you negotiate a settlement, investigate the allegations, and prepare a strong defense. If you received an accusation, want to reinstate your license, or are under investigation, please contact us at 279-242-4711 to learn the available legal options and your rights.