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There’s no doubt about it – being a nurse is an incredibly tough job. It can be both emotionally and physically draining, particularly given the staffing shortages found throughout Southern California. However, nursing is also a rewarding profession that allows medical professionals to truly make a difference.
In California, there are several state licensing boards that govern the practice of nursing for registered nurses, nurse practitioners, advanced practice nurses, and licensed vocational nurses. These boards are responsible for licensing and disciplining nurses for alleged violations of the Business and Professions Act. If you are found to have violated these laws and regulations, then you could be subjected to discipline, ranging from a citation and fine to revocation.
At the Law Offices of Nicole Irmer, we have invaluable experience representing nurses throughout Riverside County – including Palm Desert. We collaborate with our clients to develop a multi-pronged defense to any allegations of professional misconduct. Reach out to our law firm today to schedule a consultation with a Palm Desert nursing license defense attorney.
In California, two licensing boards regulate nurses:
These boards are responsible for issuing licenses to nurses in California. They are also tasked with enforcing nursing regulations through the disciplinary process.
Disciplinary action may occur whenever a nurse is alleged to have violated the Business and Professions Code or to have committed a crime, such as a DUI.
Disciplinary action may also be initiated after the Board receives a complaint. A complaint may come from a patient, family member, insurance company, colleague, supervisor, or a prosecutor’s office.
Once the licensing board receives a complaint, it will assign an investigator to the case. The investigator may work for the BRN or the BVNPT or may be from the Department of Consumer Affairs. The investigator will analyze the complaint, request and review any records, and will often contact the licensee for an interview.
If a Board investigator reaches out to you, you should not talk to them without first seeking legal counsel. Whatever you say to an investigator can be used against you in the disciplinary process. It could even be used in a concurrent criminal investigation. A seasoned Palm Desert nursing license defense attorney can respond to requests for documents from the investigator and prepare you for any Board interview.
When the investigation is complete, the Board may close the file, impose a nondisciplinary sanction, or move forward with the disciplinary process. Your legal counsel will work to try to get the file closed or resolved with a public reprimand. If that is not possible, then the complaint will be forwarded to the Office of the Attorney General.
The Attorney General may decide to file a formal Accusation. This document lays out the allegations against the nurse and the legal standards that they may have violated. Once an Accusation has been filed, the potential for serious consequences is higher.
A Palm Desert healthcare license defense lawyer may be able to negotiate a more favorable outcome through a stipulated settlement. If that isn’t possible, they may take the case to a hearing before an administrative law judge (ALJ). At this administrative hearing, they will offer a defense based on the facts and the law. They will also introduce mitigating evidence that may reduce the potential sanction – for example, license probation or reprimand instead of a revocation.
A nursing board investigation is a serious process that can lead to the loss of your nursing license. If you are under investigation by your nursing board, you should seek legal advice as soon as possible. Our attorneys have extensive experience with all aspects of investigations and administrative hearings and will work hard to protect your ability to work as a nurse.
Both the BRN and BVNPT may take action based on any violation of the Business and Professions Code related to nursing. This may include:
Just because the board starts an investigation does not mean that disciplinary action will follow. In some cases, the complaint is dismissed as unfounded. However, if a formal Accusation is filed, then the potential consequences may include:
For nurses, disciplinary action is publicly available through the BreEZe system. As a result, potential employers, patients, and other members of the public can look up your disciplinary record. By getting legal counsel early in the disciplinary process, you may be able to resolve the complaint without formal disciplinary action.
For nurses struggling with chemical dependency and/or mental health issues, there are alternative resolutions possible. The BRN offers an intervention program. If you complete the program, then the Accusation against you may be withdrawn. However, the intervention program has certain downsides, including your license being suspended, intense oversight during the program, and disciplinary action being continued if you do not complete the program. A Palm Desert nursing license defense lawyer can help you make an informed decision about participating in the intervention program.
If you are accused of violating nursing regulations and standards in Riverside County, there is a potential that your nursing license could be suspended or even revoked. It is possible to resolve a complaint successfully, including through nondisciplinary action or probation instead of a suspension or revocation. A Palm Desert nursing license defense attorney will work with you to help you achieve the best possible outcome for your case.
Nursing is an unquestionably difficult job. Even the most careful nurse may make a mistake or succumb to the stress and pressure of the work. Our law firm will work with you to help you deal with any complaint or accusation filed against you to protect your license and your livelihood.
Based in San Diego, the Law Offices of Nicole Irmer offers compassionate legal representation to medical professionals dealing with licensing and disciplinary matters. We have substantial experience representing California nurses before their licensing boards, working hard to help our clients achieve a favorable outcome. To learn more or to schedule a consultation with a Palm Desert nursing license defense attorney, call our office at 619-237-6130 or fill out our online contact form.