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Nicole Irmer | Posted in Licensing Defense on October 29, 2024
Becoming a nurse can require years of education and training. It is also a challenging job, both physically and emotionally. Learning that you may lose your license due to a disciplinary issue can be devastating for any registered nurse.
The California Board of Registered Nursing (BRN) is responsible for both the licensure and discipline of registered nurses within the state. It is tasked with investigating any alleged violations of California’s Nursing Practice Act (NPA). Depending on the severity of the violation, disciplinary action could include revocation of a nursing license.
At the Law Offices of Nicole Irmer, we are dedicated to helping nurses and other healthcare professionals whose licenses are in danger. We offer compassionate, skilled representation that is designed to reduce the likelihood of a revocation. We also work with nurses to have their license reinstated after a revocation. Reach out to our law firm today to schedule a consultation with a California nursing license defense lawyer.
The BRN is responsible for investigating any complaints involving an alleged violation of the Nursing Practice Act (part of the Business and Professions Code). A complaint may be filed by any person, including patients, family members, colleagues, employers, or insurance companies. Additionally, if a registered nurse is charged with a criminal offense, then the BRN may receive a referral from a law enforcement agency.
After a complaint has been filed, the BRN will determine if the complaint is within its jurisdiction. If so, then it may refer the matter for investigation. Investigators will then conduct an investigation, which will include gathering records, consulting with experts, and interviewing witnesses. If you are approached by a BRN investigator, you should not talk to them or give a statement until you have had the chance to consult with a California nursing license defense attorney.
If the allegations are substantiated, then the BRN sends the matter to the Office of the Attorney General for the filing of a formal Accusation. At this point, a licensee may either attempt to negotiate a stipulated settlement with the help of legal counsel or go to a hearing before an administrative law judge (ALJ). After a hearing, the ALJ will issue a decision that will be adopted by the Board.
Potential disciplinary action for a violation of the NPA could include a citation, probation, license suspension, or license revocation. Revocation is the most severe discipline that can be imposed. It may be issued in cases involving:
Revocation is the maximum recommended discipline for NPA violations, although a lower level of discipline may be imposed. Factors such as the nature and severity of the acts, actual or potential harm caused, any prior discipline, and evidence of mitigation and/or rehabilitation can affect the discipline imposed. Working with a California nursing license defense attorney can often help you achieve a more favorable outcome for your case, which may include avoiding revocation.
If your California nursing license has been revoked, it may be possible to reinstate it. To do so, you must prove to the BRN that it will be safe for consumers for you to return to the practice of nursing. You must meet this burden of proof with clear and convincing evidence.
You can apply for reinstatement 3 years after revocation unless the BRN specifies a different time in its revocation order. If you are currently under a sentence for any criminal conviction (including probation or parole) or you are required to register as a sex offender, you cannot seek reinstatement. Generally, you will have to wait 2 years to reapply for reinstatement if your initial petition is denied, or license is surrendered for any reason other than physical or mental illness. If your license is surrendered for mental or physical illness, then a waiting period of 1 year is required before petitioning for reinstatement.
To get reinstated, you will need to submit the following to the BRN:
In support of your petition, you may submit evidence such as statements from current employers, performance evaluations from your current job, letters from counselors regarding any rehabilitation or recovery programs that you attended, letters describing your participation in support groups, laboratory reports if substance abuse was a factor, letters from therapist or other mental health providers regarding your treatment, a physical and/or mental health evaluation, and letters that describe community or volunteer work.
Once a petition has been filed, a hearing will be scheduled before the Board or an ALJ. A final decision will typically be made within 8 to 10 weeks. If your license is reinstated, you will have restrictions on it. You must comply with those terms and conditions to complete probation. If reinstatement is denied, then you can file another petition in 2 years – ideally with new evidence that demonstrates your rehabilitation and competence to work as a nurse in California again.
It is possible to have your nursing license reinstated after revocation with the help of a seasoned California nursing license defense attorney. Your lawyer will advise you on the likelihood of reinstatement, help you gather evidence to support your petition and advocate for you before the Board. If your license is reinstated, they can also advise you on how to avoid future disciplinary issues and comply with probation.
A nursing license is required to work as a nurse in California. Even the most dedicated of nurses can make a mistake that impacts their license. Our team works hard to help nurses get the best possible outcome for a nursing license disciplinary issue.
At the Law Office of Nicole Irmer, our practice is dedicated to helping healthcare professionals who are facing disciplinary action — including registered nurses, licensed professional nurses, and nurse practitioners. Whether you have just received notice of a complaint or are looking to have your license reinstated, our California nursing license defense attorneys will develop a thoughtful, proactive strategy to help you protect your license and livelihood. To schedule a confidential consultation about legal representation for nursing license issues, contact us at (619) 237-6310 or fill out our online contact form.