Considering the time and money you have invested in education, securing a psychiatric technician or vocational nursing license is a worthy achievement. As a licensed psychiatric technician or vocational nurse, your practice license is a testament or proof of your qualification and competency and a fundamental means of earning income to care for yourself and your loved ones.

Unfortunately, all your efforts and sacrifices could go down the drain when someone files a complaint against you with the Board of Vocational Nursing and Psychiatric Technicians (BVNPT). Just like you strived to secure your practice license, you should strive to protect it when facing an allegation or complaint that could attract the board's disciplinary action.

Fortunately, you do not have to face these allegations or the board's investigators alone. At Oakland License Attorney, we can intervene and help you challenge the allegations you are up against and possibly protect your career and livelihood.

Understanding Vital Responsibilities of a Licensed Vocational Nurse and Psychiatric Technician

While a licensed vocational nurse (LVN) has an enriching career due to their positive impact on people's lives, sometimes their duties can be very demanding. One reason is that, unlike a medical physician, a vocational nurse holds a patient's life in his/her hands around the clock.

As a licensed vocational nurse, you can work in different areas, including schools, hospitals, home care agencies, and nursing homes. Some of your duties in these places or institutions could include:

  • Recording a patient's progress
  • Monitoring and caring for patients with lifelong illnesses
  • Administering medications and treatments
  • Recording and monitoring the vital signs of patients
  • Dressing and caring for patients' wounds
  • Using intravenous equipment or machines

Generally, your services as an LVN are vital for human survival and ever in demand. No wonder the training and education needed to become an LVN are demanding and costly. Regrettably, a complaint from a dissatisfied patient or an error while in the line of duty can undo all your sacrifices and put your practice license at risk of suspension or revocation.

Fortunately, you cannot lose your hard-earned license without a blow. With the help of a skilled attorney, you can challenge the allegations you are up against to secure a dismissal of the case or a lighter disciplinary action.

On the other hand, the primary role of psychiatric technicians (PT) involves caring for patients with developmental disabilities and mental health issues. Generally, your duties as a PT in a psychiatric hospital or mental health clinic could include:

  • Overseeing rehabilitation programs and treatments of patients
  • Assisting your patients with grooming and personal hygiene
  • Administering medications and injections
  • Supervising physicians and conducting individual or group psychotherapy sessions

While you want to become the most compassionate caregiver in your line of duty as a PT, sometimes mistakes can happen. After all, we are humans, and sometimes your efforts will not please everyone. While mistakes are sometimes inevitable, the patient's relatives who cannot understand what he/she feels will most likely question your competence regardless of your effort to help their loved one.

Fortunately, with the legal assistance of your attorney, you can challenge any allegation launched against you to avoid the board's disciplinary actions or secure a lighter penalty.

Crucial Roles of the BVNPT

The BVNPT's primary goal is to protect patients from unprofessional and unsafe services of LVNs and licensed PTs. The BVNPT achieves this vital mission through various ways, including:

  1. Overseeing the Licensing and Certification of Qualified PTs and Vocational Nurses

The BVNPT is the government agency responsible for issuing and reviewing licenses for psychiatric technicians and vocational nurses. These strict criteria ensure all licensed practitioners are educated, trained, and qualified to offer competent and safe care to their patients.

  1. Investigating Complaints and Enforcing Disciplinary Actions

When the board receives a complaint against you from a patient, colleague, or law enforcement officer, it will investigate the matter to know whether the allegations you are up against are true. Depending on the finding, the board could dismiss your case or impose disciplinary actions, ranging from fines and probation to suspension and revocation of your license.

The seriousness of the disciplinary action the board will impose will depend on the sophistication and facts of your unique case. For serious offenses like sexual abuse of a patient, you should expect revocation of your practice license.

  1. Setting Regulations and Standards Licensed PTs and Vocational Nurses Must Comply With

The licensing board is also responsible for setting and updating regulations and standards that all licensed PTs and vocational nurses must comply with when on and off duty. These standards are vital because they ensure all licensed practitioners comply with the required professional and ethical guidelines.

What to Expect When the BVNPT Receives a Complaint Against You

Anybody can file a complaint against you with the BVNPT, but most complaints against licensed PTs and vocational nurses are from their patients and colleagues. Once the board receives a complaint against you, it will register it in its database and prioritize it depending on the seriousness of the allegations you are up against.

If your case is a priority, the board will appoint investigators to review the case and determine whether the allegations you are up against are substantial. If the allegations you are up against are unsubstantiated or lack evidence to support them, the board could dismiss your case. That means you will not receive any disciplinary action.

However, when the board's investigators find the allegations you are up against credible, they will begin a formal investigation to gather more information about the allegations. When your case reaches here, the board will serve you with a notice of investigation. Anything you decide to disclose to the board's investigators at this juncture could apply against you, lessening your odds of winning the case.

Hence, it is advisable to remain silent during the investigation to avoid unknowingly disclosing incriminating evidence. During the investigation, the officers could issue you an interim suspension of your license, requiring you to stop offering your services until your case ends. However, with the help of your attorney, you can fight this move to continue offering your services.

A reliable attorney can negotiate with the board investigators for case dismissal or a settlement to the uncertainty of the administrative hearing, which occurs before an administrative law judge (ALJ). If the board is not ready to dismiss your case or accept a settlement offer, you should prepare for the administrative hearing to challenge the allegations you are up against.

Your defense attorney can help you prepare defense arguments to challenge the allegations you are up against for the best possible outcome.

Examples of Defenses Your Attorney Could Apply at the BVNPT’s Administrative Hearing

Once you receive the board's notice of investigation, you must give your response within the required period, usually within fifteen days. A skilled attorney can aid you in navigating this process and prepare an appropriate, comprehensive response to the allegations.

To stand a chance of securing a favorable outcome at the administrative hearing, your attorney must thoroughly review your case and interview eyewitnesses, if necessary, to prepare the best defenses. Below are examples of defenses your attorney could use to challenge the allegations you are up against at the administrative hearing before the ALJ:

  • You did not harm the alleged patient
  • The misconduct was not intentional, meaning your acts or conduct was accidental
  • You have positive performance reviews and an employment history
  • You have received treatment and rehabilitation services for substance abuse or alcohol addiction

The specific defense that could work in your favor during this hearing will depend on the facts and circumstances of your unique case.

Examples of Common Complaints That Could Compromise Your Career as an LVN or PT

Generally, the BVNPT will not pursue disciplinary actions against licensed psychiatric technicians and LVNs without a reason. Some of the common complaints or allegations that could put your vocational nurse or psychiatric technician license in jeopardy include the following:

  • Unprofessional conduct
  • Fraud or dishonesty
  • Practicing outside your practice or scope of training
  • Patient abuse or neglect
  • Substance abuse
  • Failure to abide by the supervision requirements
  • Gross negligence
  • Criminal convictions

Regardless of the seriousness of the allegations you are up against, disciplinary action is not automatic. The key to securing a favorable outcome is retaining the services of an attorney. The sooner you hire an attorney to challenge the allegations, the better your odds of securing the best possible outcome.

Crimes That Could Attract the Board’s Disciplinary Actions

Generally speaking, any criminal conviction for an offense significantly related to your duties, qualifications, and functions as a licensed PT or LVN could trigger the board's disciplinary action. Examples of the offenses include (but are not limited to) the following:

Rape

According to Penal Code (PC) 261, you commit a rape offense when you use force, fraud, or threats to convince another person to have non-consensual sexual intercourse with you. A conviction under this statute could attract felony penalties, including up to eight (8) years of jail time and inclusion in the sex offender registry.

Grand Theft

Grand theft is a type of theft offense you commit when you steal property or money worth $950 or more. A grand theft offense conviction could attract up to three (3) years of jail time unless you have a criminal record or a conviction history for a violent or serious felony.

Sexual Battery

PC 243.4 defines sexual battery as touching someone else's intimate body parts without his/her consent for sexual arousal, gratification, or perhaps abuse. The offense is typically a misdemeanor, but the prosecutor could file it as a felony if the victim were medically incapacitated, unconscious, or restrained.

If the prosecutor secures a felony PC 243.4 charge conviction against you, your sentence could include 2, 3, or 4 years of jail time and a fine of up to $10,000.

DUI

DUI is the offense you commit when you operate a vehicle under the influence of drugs, alcohol, or prescription drugs. Aside from putting the lives of other motorists at risk, a conviction for a DUI offense could carry up to six months of jail time if your case has no aggravating factors.

Aside from the possible grave legal penalties, a conviction for any of these offenses could jeopardize your practice license as a trained vocational nurse or psychiatric technician.

A conviction for the above-explained crimes raises doubt about your reliability in offering competent patient care. That is why the board requires you to report to it if you have acquired any criminal conviction since the last renewal whenever you submit your license renewal application. However, even if you fail to do so, the board will receive a report about the verdict from the court’s clerk.

Working with an attorney is the key to securing a favorable outcome and avoiding the board's disciplinary action if you are under arrest for any crime substantially related to your duties. A reliable attorney can:

  • Offer you relevant legal advice about the allegations you are up against and what to expect
  • Negotiate with the prosecutor to secure a favorable plea, dismissal of the case, or a light sentence
  • Negotiate with the board to avoid a disciplinary action or secure a lighter disciplinary action
  • Help file an appeal to reinstate your license if you are discontented with the administrative hearing outcome
  • Help you understand your probation terms and what you can and cannot do while on probation to increase your odds of securing a license reinstatement

Find a Reputable License Defense Attorney Near Me

As a licensed vocational nurse or psychiatric technician, any complaint or criminal charge filed against you could put your career, livelihood, and reputation at risk. The BVNPT's disciplinary process can be lengthy and confusing, but you do not have to maneuver this confusing process alone.

Our professional license attorneys at Oakland License Attorney boast extensive knowledge and several years of experience representing practitioners like you, and we can help you, too. We invite you to call us at 341-234-0408 for a cost-free case evaluation as soon as possible.