Registered nurses play a critical role in the healthcare sector. To become a nurse in California, you must undergo extensive education and pass your licensing examination. The Board of Registered Nursing regulates and monitors your practice as a registered nurse to ensure the safety and well-being of the patients.

A person or organization can report you to the BRN if you violate the set standards and put a patient at risk. The board will investigate your conduct and may discipline you. This can include suspending or revoking your license. Disciplinary action by the BRN could cost you your nursing license. This could end your career and hurt your livelihood.

Hiring and retaining an experienced license defense lawyer is critical in battling your license discipline process in Oakland, CA. At Oakland License Attorney, we offer the legal expertise you need to navigate your case and secure a favorable outcome.

Role of Registered Nurses in Healthcare

Nurses play a critical role. This ensures that all patients receive direct and proper care as they battle different health conditions. The responsibilities of registered nurses include:

  • Recording the details of a patient's medical history and current health status
  • Assessing a patient's health and physical condition
  • Preparing patients for diagnostic tests and treatment
  • Administering medication and monitoring patient side effects to the medication
  • Creating and implementing patient care plans
  • Assisting with medical procedures
  • Cleaning, bandaging, and general wound care
  • Drawing samples for lab tests
  • Patient education on treatment care plans

California Board of Registered Nursing (BRN)

The BRN is a government agency. It protects the public by regulating registered nurses in California. Nurses play a critical role in healthcare, and a mistake made by a nurse can have devastating consequences for a patient. The BRN enforces laws on the education, licensing, and discipline of nurses in the health sector.

The Board of Registered Nursing consists of nine members, some of whom are members of the public. The roles of the BRN include:

Setting Educational Standards for Registered Nurses

The BRN has regulations on the level and type of education you must undergo before offering your services in California.

Evaluating License Applications

The BRN will evaluate your application. It will check if you meet the education requirements and pass your licensing exam. Also, they will do a background check to find any crimes or misconduct that could make you ineligible for a license.

Issuing Nursing Licenses

The BRN issues professional licenses to nurses who meet all the requirements. Your nursing license is your ticket to offer your services in the state. You must renew the license every two years.

Operates the Online License Verification System

The online license verification system allows consumers to check the validity and status of a nursing license. It lets a person check if they have a license if it's active, and if they've faced any disciplinary action.

Imposing License Discipline

When a registered nurse violates the standards of practice, the BRM will receive a report about it. If you violate the standards, the board will discipline your license. This may include a suspension or revocation.

Violations by Registered Nurses in California

The Board of Registered Nursing receives reports on the following violations:

Gross Negligence

California law defines gross negligence as acts that risk others' safety. As a registered nurse, you must work to ensure the safety of your patients; failure to do so can result in a violation and report to the BRN.

Unlicensed Practice

You must have a valid license to practice nursing in California. You obtain a nursing license by meeting the education requirements and passing the exam. Additionally, you must apply for a license from the board.  Practicing without a license or a suspended license can result in severe disciplinary actions.

Failure to Report Patient Abuse

You must report the incident if you witness or suspect patient abuse from a family member or fellow healthcare practitioner. Failure to do this could result in an investigation and adverse discipline of your license.

Obtaining a License Fraudulently

Obtaining a nursing license is critical to becoming a registered nurse in California. You must follow the right channels to get this license. This includes completing your education and training, passing the exam, and applying to the BRN. The BRN will receive a report about your conduct when you obtain a license illegally.

Criminal Convictions

If you face an arrest and charges for a criminal offense in California, your nursing license may be at stake. The BRN has self-reporting requirements that mandate you to report your convictions. However, the relevant authorities will notify the board even when you have not reported the conviction. Offenses that could result in harsh discipline against your license include:

  • Embezzlement (PC 503)
  • Child abuse (PC 273d)
  • Battery (PC 242)
  • Grand theft (PC 487a)
  • Drunk driving (VC 23152)

Administering or Furnishing Patients with Illegal Drugs

Nurses administer medication to patients in hospitals or home care. In California, the government regulates the possession and use of some drugs and substances. Therefore, if you administer or furnish a patient with these substances, your license could be at risk. This also applies to nurses administering more drugs than necessary for a condition.

Substance Abuse

Your choice to indulge in alcohol or substance abuse may seem like a personal aspect of your life. However, as a registered nurse, the use of illegal drugs can impair your ability to offer safe services to your clients. Such conduct can result in severe disciplinary action against your license when reported to the board.

Sexual Misconduct

As a registered nurse, you must strictly be professional in your relationship with your patients. Engaging in sexual acts with a patient is a severe violation. You can face disciplinary action for such conduct, even in cases where the sexual relationship was mutual.

Patient Physical Abuse

Your conduct report can reach the board for further investigation and discipline if you cause physical abuse to a patient. In this case, physical abuse could be anything from pushing to shoving, slapping, or punching a patient in your care.

Disciplinary Process by the California Board of Registered Nursing

If you violate the standard set by the BRN, you must undergo the following disciplinary process to determine the fate of your license:

Complaint

The disciplinary process against your nursing license begins with a complaint. Different individuals can submit a complaint against you to the board. They include patients, family members of a patient, your colleagues, or the law enforcement department. Depending on the violation you committed, the complainant can submit the complaint through mail or the BRN website.

After receiving a complaint against you, the BRN reviews it to determine its jurisdiction. The BRN transfers complaints not within its jurisdiction to relevant departments.

Investigation

An investigation begins if the complaint against you falls within the board's jurisdiction. Investigation of your allegations involves collecting further evidence of the allegations. Additionally, the board will compile documents relevant to the case and interview witnesses.

While under investigation by the board, you have the right to know the allegations. You have up to fifteen days to respond to the notice. In your response, you can inform the board of your intentions to fight the allegations.

Stipulated Agreement

They may suggest a stipulated agreement if the board can prove you committed an allegation. By agreeing, you accept liability for the violations. In return, you skip an administrative hearing.

This means that your case will go to the disciplinary stage. An advantage of entering this agreement is that you can negotiate a favorable disciplinary action with the board.

Administrative Hearing

If you do not enter this agreement or the board does not offer it, your case will proceed to the hearing. Before the hearing date, you will have a discovery phase of up to thirty days. During this time, you can learn about the evidence that the board has against you.

An administrative law judge presides over the administrative hearing, and you can present a defense against the allegations at the hearing. After assessing both sides of the case, the administrative law judge will have up to thirty days to issue their decision.

Boards Final Decision

After receiving the ALJ's decision, the board can accept, reject, or modify it accordingly.

Appeal

You are not obligated to accept the board's decision in your case. Within thirty days of receiving the decision, you can file an appeal. Appealing the board's decision allows you to have the case reviewed.

During the review of your appeal, you cannot attend the hearing. The board schedules a closed meeting. During this meeting, the board members decide on your eligibility for a review. If the board grants you an appeal, the appellate court can decide on all parts or a portion of your case.

Disciplinary Action Against Registered Nurses

The BRN will impose disciplinary action on your nursing license after establishing your liability for different violations. The California Board of Registered Nursing will consider these factors when deciding on discipline:

  • The nature and seriousness of your violations. Violations committed by registered nurses vary in severity. The impact of your actions on the patient will determine the seriousness of your violation. You will face harsher discipline when your conduct causes injury or death to a patient.
  • Your prior disciplinary record. The board will impose harsh discipline if you have a record of violations and disciplinary actions against your license. For example, if your license has been on probation or previously suspended, the board can revoke it due to your underlying violation.
  • The number of violations you committed. The BRN can receive a complaint for one or more violations. Your license discipline may be more severe if you commit many violations.
  • Compliance with your criminal penalties. After a criminal conviction, you can face professional license discipline. The board will consider your compliance with probation to decide on the appropriate disciplinary actions. The board could be more lenient if you completed your probation and served time.

Common disciplinary actions that the board can impose against you include:

  • Public reprimand. Registered nurses may face discipline for violating the rules. The board can issue a reprimand. This reprimand does not impact your ability to practice in the nursing field. However, it enters and remains on your record. The board can reference this disciplinary action for future disciplinary action.
  • License probation. The BRN can place your nursing license on probation as part of your discipline for violating the standards of practice. Although license probation will not hinder you from practicing, you will be under close supervision.
  • License suspension. Your nursing license could face suspension when you face severe allegations like harming a patient or negligence. A license suspension could last up to five years, depending on the seriousness of your case. You cannot offer nursing services during the period of suspension. However, the suspension is temporary. After completing the suspension period, the board can reinstate your license.
  • License revocation. You may be subject to nursing license revocation when you commit a serious violation. These could include patient sexual abuse, causing death to a person, or practicing on a suspended license. Unlike a suspension, license revocation can end your career, and authorities will not allow you to practice in California.

Find Expert Legal Insight Near Me

As a registered nurse in California, your license represents your ticket to offer your services to patients in the state. You worked hard to obtain the license by completing the education programs and passing the exam.

Unfortunately, someone could report you for misconduct. That would ruin your efforts. Practicing with a suspended license, negligence, and sexual misconduct are common violations reported to the Board of Registered Nursing. It will investigate if the Board of Registered Nursing receives a complaint against you.

The BRN issues various forms of discipline, which range from simple citations to license revocation. At Oakland License Attorney, we understand the impact that a suspension or revocation of your nursing license can have on your career. We offer reliable legal insight for all our clients battling license discipline in Oakland, CA. Call us today at 341-234-0408 to discuss your situation.