California Criminal Convictions & the Board of Registered Nursing: Nurse Discipline and License Revocation
Nurses can face discipline by the California Board of Registered Nursing for being convicted of certain crimes. In extreme cases, the Board can even suspend or revoke their license.
The California Criminal Defense Team at Spodek Law Group represent has a great deal of experience in helping nurses avoid losing their licenses in disciplinary actions.
In this article, you will learn about registered nurse (RN) discipline, criminal convictions and license revocation in California. If you still have questions after reading, pleaes feel free to contact our criminal defense attorneys for your consultation.
We wil cover:
1. What body regulates nurses in California?
2. Under what circumstances can an R.N. be disciplined?
3. What consequences can a nurse being disciplined face?
4. Will I need to go to trial?
5. Does the 7-year rule apply to me?
1. What body regulates nurses in California?
In California, registered nurses are regulated by the California Board of Registered Nursing (BRN) , a state governmental agency under the purview of the California Department of Consumer Affairs.
The Board of Registered Nursing has nine members who are charged with protecting the public in matters relating to nursing. The Board regulates nurse education and practice, licenses registered nurse and carries out disciplinary actions for misconduct and criminal convictions in accordance with the Nursing Practice Act.
The BRN also operates a voluntary and confidential diversion program for nurses who need help with chemical dependency or mental health issues. More than 1,000 registered nurses have successfully completed their program. It involves monitoring for an average of three years and ends with the destruction of program records.
2. Under what circumstances can an R.N. be disciplined?
Disciplinary action can be taken against a nurse when he or she engages in unprofessional conduct in a manner that could adversely impact the nurse’s ability to safely perform normal duties. These include:
• taking part in certain kinds of fraud
• gross negligence or incompetence
• abusing illegal drugs or using legal drugs a manner that threatens others
• getting convicted of certain criminal offenses
• carelessness with respect to blood-borne diseases
• disciplinary action by a board in another state
What types of criminal convictions are considered?
If a nurse is convicted of a crime that is “substantially related” to their qualifications, functions, and duties as a registered nurse in a manner that implicates public health and safety concerns, that conviction could trigger discipline by the Board of Registered Nursing.
Non-payment of Child support
No obligation exists regarding the disclosure of non-payment of child support on an application for a nursing license. Nonetheless, if your case is with the district attorney, their office will notify the Consumer Affairs Support Unit and your nurse’s license then gets issued on a temporary basis. If you do not set up payment arrangements within 150 days, you face suspension of your registered nurses license.
3. What consequences can a nurse being disciplined face?
Several disciplinary actions for Nursing Practice Act violations can be invoked. We list them here from least to most serious:
• public reprimand the nurse
• a probation period that includes drug tests
• suspension of the license and probation
• revocation of the license
Licensees who have been disciplined also may be billed for investigation and enforcement costs, which can rise to several thousands of dollars or more.
Additionally, accusations and disciplinary orders get published on BRN’s website. They are accessible to any interested parties who know where to look.
4. Will I need to go to trial?
Dependent upon the nature of your case, you may be able to settle with the Board of Registered Nursing informally. Nevertheless, you do have the right to an administrative hearing. This hearing is similar to a criminal or civil court trial. The proceedings are presided over by an administrative law judge. The judge makes a recommendation to the Board after hearing your case.
You or your attorney can call and cross-examine witnesses and bring evidence to make your case. If you don’t prevail in your hearing, you have the right to appeal to the Superior Court in a writ of administrative mandate.
5. Does the 7-year rule apply to me?
It can, depending on the nature of the offense and when it occurred. The Board of Nursing may disqualify any applicant from obtaining a nursing license if they have a criminal conviction within the past seven years that was substantially related to the qualifications, functions, or duties of being a nurse. (Scroll up to question 2 for more details of “substantially related” convictions.)
The exception to this rule is any criminal conviction from any time for a selection of serious felonies. These include carjacking, weapons offenses, kidnapping, murder, rape, arson, drug offenses and numerous other heinous crimes.
If your nursing application is rejected on these grounds, you have the opportunity to appeal that decision.
Call the law offices of Spodek Law Group for your Free Consultation Today.