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
What to Consider if the BRN Offers the Diversion Program
When a Registered Nurse is accused of misconduct, either by law enforcement or through a hospital complaint, the common “first step” from the Board of Registered Nursing is to send the RN a letter offering the chance to participate in the Board’s Intervention Program. Previously referred to as the “Diversion program,” the Board of…
Nurses and the Mandatory Reporter Laws
Nurses who work in late-stage care, either in palliative care or in hospice care, should be aware that all nurses, both registered and licensed vocational nurses, are considered mandatory reporters in California. Under the Welfare and Institutions Code, anybody who has “full or intermittent” responsibility for patient care in a facility “shall report” anything that…
RN Accused of Gross Negligence Avoids Probation
Earlier this year we were able to persuade the Board of Registered Nursing to drop its demand for a lengthy license probation and instead give a registered nurse a reprimand. Registered nurses are mandated reporters of abuse under California law. A reprimand, also known as a public reproval, does show on the license record but…
Registered Nurses Must Report Criminal Convictions and Other Adverse Actions or Face Discipline
The California Board of Registered Nursing has made important changes to the duty of a nurse to report a criminal conviction or other license discipline and to cooperate with the Board’s investigation of that conviction. We have begun to see Board staff implement this new law in 2016.
Under Title 16 California Code of Regulations…
Defending a Registered Nurse Accusation in California
The California Board of Registered Nursing files hundreds of accusations each year against registered nurses. The vast majority of these accusations are filed due to criminal convictions or other alleged unprofessional conduct. A small number are filed due to complaints of incompetence, gross negligence or less common alleged violations of the Nursing Practice Act. Effectively…
RN’s License Only Reproved After Probation Shown to Be Excessive
In late 2012, we won a hard fought victory against the Board of Registered Nursing. A nurse with a stellar 40 year career was accused of forging a prescription. However, upon closer examination, the evidence showed that the nurse merely recorded a doctor’s verbal order. The nurse’s only mistakes were to not have confirmed that…
Defending California Nursing Licenses
With almost 400,000 registered nurses and hundreds of thousands of licensed vocational nurses, nurses are the largest group of licensed health care professionals we serve. At Ray & Bishop, PLC, we provide a variety of services to defend registered nurses and licensed vocational nurses in Orange County, Los Angeles County, Riverside County, and elsewhere statewide. …
Governor Brown Reinstates the Board of Registered Nursing
Today, February 14, 2012, Governor Brown signed SB 98, reinstating the California Board of Registered Nursing, which had been dissolved by an automatic sunset provision on December 31, 2011. The Board has been authorized to operate until 2016.
Our office had observed an apparent slowdown in the enforcement filings and hearing settings while Board enforcement…