Out-of-state discipline is a common basis for California license discipline, under the applicable statutes that allow the Board of Registered Nursing to seek collateral discipline against a licensee who is disciplined or censured by another state’s licensing entity (even when the licensing entity is not necessarily a nursing board). In this case, our client was disciplined four years prior by the New York board of nursing and required to complete probation in that state. Instead, she worked in two other states (including California) and did not return to New York.

The California BRN sought an even more stringent probation against our nurse than the New York board required, but we refused to accept a settlement and argued for no discipline at an administrative hearing. Ultimately, the Administrative Law Judge agreed with our arguments, and the Accusation against our nurse was dismissed.