Common Reasons Nurses Lose Their Licenses in California
As a nurse, you have undoubtedly put in countless hours studying, attending classes, keeping up with continuing education requirements, and adjusting to new standards of practice. You take your career incredibly seriously and losing it could change your life forever.
Learn more about the common reasons that the Board of Registered Nursing investigates nurses. If you’ve been notified of an investigation, don’t wait any longer. With legal assistance, you may be able to protect your license, career, and professional reputation. Call the Law Offices of Robin D. Perry & Associates at 562-216-2944.
Disciplinary Action in California
The California Board of Registered Nursing oversees the licensure and professional conduct of nurses. When someone reports a criminal offense or unprofessional conduct, they may investigate the claims and determine whether or not to take action against the nurse in question. There are several ways they may choose to discipline a nurse:
- Public reprimand: A Letter of Public Reprimand generally does not limit your license to practice nursing. You are permitted to continue working in your chosen field and work to rebuild your reputation after the alleged offense. However, an LPR does remain on your public record. This type of disciplinary action is generally reserved for minor offenses.
- Probation: If the BRN’s investigation finds enough evidence to support the accusations against you, they may choose to limit your nursing practice. Probation puts specific restrictions on your nursing license for a period of time. Upon completion of probation, you are no longer under probation.
- License suspension or revocation: If your license is suspended, you are forbidden from practicing as a nurse. Depending on the Board’s decision, your suspension may last indefinitely or for a set period of time. A revoked license completely forbids you from practicing as a nurse or using the RN title.
Causes of Disciplinary Action
The Board of Registered Nursing investigates a range of allegations. Complaints may be filed by employers, patients, someone you know personally, or coworkers. Furthermore, certain criminal charges or convictions may be automatically reported to the Board. Some of the common issues leading to license investigation include:
- Unprofessional conduct
- License application fraud
- Misrepresentation
- Substance abuse
- Mental illness
- Unlicensed activity
- Failure to report a criminal arrest or conviction that would lead to an investigation
Note that the Board is only interested in a nurse’s activities that interfere with their career and their ability to be responsible nurses. For example, a speeding ticket would likely not be enough to lead to disciplinary action, nor would mental illness that is well-controlled by medication or therapy. However, allegations of elder abuse or severe mental illness that leave a nurse unable to care for patients would warrant an investigation.
There are several allegations that the Board states are out of their authority, including fee and billing disputes, personality conflicts, and general business practices.
Many of the complaints listed above are fairly general in nature—this gives the Board substantial discretion when it comes to investigating complaints. For example, unprofessional conduct may include dereliction of duty, gross incompetence, or ethical violations. Many complaints that result in investigations deal directly with patient care. These complaints may include:
- Charting errors, including falsification of records or failure to maintain proper records
- Drug theft
- HIPAA violations
- Inappropriate social media activity, such as posting information about patients or giving incorrect advice on social media
- Maintaining unsanitary working conditions
- Failure to follow general standards of nursing practice
Your Options as a Nurse
Once you have received a notice of investigation from the Board of Nursing, you should reach out to a professional licensed defense lawyer right away. In some cases, mitigating evidence or clarification from your attorney will be enough for the Board to terminate your investigation. In others, they will continue with their investigation and move forward with a formal accusation.
If you don’t already have an attorney at this point, it should be your top priority. Your attorney will guide you through various options and give you advice based on the accusation and the evidence against you. For example, if you want to avoid a hearing at any cost, a stipulated settlement resulting in probation may be the best option for you. In other situations, a formal hearing may give you the best odds of keeping your license or avoiding probation.
Contact the Law Offices of Robin D. Perry & Associates Now
No matter why you’re at risk of losing your RN license, it’s time to act now if you want to protect your career. Call the Law Office of Robin D. Perry & Associates at 562-216-2944 or reach out online to get started.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
