Building a career in nursing requires years of study and practice. Your license allows you to practice as a registered nurse in California. You will obtain the license after completing your studies and passing the licensing exam. The Board of Registered Nursing provides the licensing exam, which regulates nurses' conduct.

The BRN has a code of conduct that all licensed professionals must follow to ensure safe and effective patient care. A deviation from the BRN’s code of conduct will result in misconduct allegations.

After receiving a report of misconduct, the board will investigate the matter and schedule an administrative hearing to determine the fate of your license. If you are under investigation by the BRN in Riverside, CA, you will need the expert legal insight we offer at Riverside License Attorney. Our lawyers will help you navigate the disciplinary process and secure a favorable outcome for your case.

The Important Roles of Registered Nurses

Becoming a registered nurse in California takes years of education, training, and passing the licensing examination. After passing the examination, you can apply for the license.

Nurses play a critical role in the health sector. Before the Board of Registered Nursing issues you with a license, they will perform a background check to determine your suitability to offer these services.

The roles of registered nurses in California include:

  • Assessing patient symptoms
  • Recording the medical history of patients
  • Collecting lab samples
  • Administering medication to patients
  • Keeping the treatment record of patients
  • Operating and monitoring different medical equipment
  • Collaborating with other members of the medical team to execute treatment plans
  • Educating patients on different preventive and care practice

The Board of Registered Nursing

The BRN is a government agency established to protect the public by regulating the practice of registered nurses in California. The board consists of nine members, both registered nurses and members of the public. The roles of the BRN include:

  • Setting educational standards for registered nurses. You must complete your education and undergo further training to obtain your registered nursing license.
  • Approving California nursing programs. Different prelicensure nursing programs are approved to help meet the BRN educational standards.
  • Evaluating licensing applications. This checks whether the applicant meets the educational requirements and passes the licensing examination.
  • Issuing certificates to nursing practitioners
  • Issuing and renewing professional licenses. After completing your education and passing the licensing examination, the BRN will issue you a license and a ticket to provide nursing services in the state.
  • Taking disciplinary action. When you commit a violation as a registered nurse in California, your conduct will be reported to the BRN, which will investigate, schedule a hearing, and impose appropriate disciplinary measures against your license.

Violations that Can Cause you to Lose your Nursing License

The California Board of Registered Nursing oversees the licensure and conduct of nurses in the state. When unprofessional conduct is reported to the board, disciplinary action is taken against the liable nurse. The following are violations that could put your nursing license at risk:

Practicing Without a Nursing License

Under the Business and Professions Code Sections 2795 and 2796, it is unlawful for any person without an active RN license to practice or offer to practice as a registered nurse. You must obtain and constantly renew your nursing license to practice legally in the state.

 If your license is suspended for misconduct, you can only practice once the suspension period elapses. You could face more severe discipline if the board receives a report of your practice without a license.

Negligent Conduct

As a nurse, you work closely to offer cortical services to patients. Therefore, you must exercise reasonable caution and ensure the safety of your patients. If you act in a way that puts the patients at risk, your license could be in jeopardy.

Criminal Convictions

Facing an arrest and conviction for violating California law could be a nerve-wracking experience. However, for registered nurses, the impact of a criminal conviction will go beyond incarceration and fines. If you are convicted of a misdemeanor or felony, the criminal justice system will notify the BRN. This will prompt an investigation and potential discipline. Common offenses that could attract a nursing license discipline include:

  • Possession of a controlled substance
  • Domestic violence
  • Driving under the influence of drugs
  • Elder abuse
  • Theft
  • Fraud

The nature and severity of your criminal conviction could speak volumes about your character and ability to practice as a nurse safely. Therefore, a criminal conviction can result in various discipline, including license revocation.

Unprofessional conduct

You may be under investigation by the BRN and face potential discipline if you are reported for engaging in the following forms of unprofessional conduct:

  • The use of drugs in a way that threatens public safety
  • Engaging in fraudulent acts
  • Facing discipline by a nursing board in another state
  • Carelessness when offering services to patients
  • Practicing without a nursing license
  • Giving false information when applying for a nursing license
  • Impersonating a certified practitioner
  • Inappropriate social media activity
  • Disclosing confidential information about a patient to unauthorized personnel
  • Failure to cooperate with the BRN on a pending investigation against you
  • HIPAA Violations

Disciplinary Process by the Board of Registered Nursing

Your disciplinary case takes several steps before you face disciplinary action by the BRN, including:

Complaint

The first step in the disciplinary process for registered nurses is the complaint. Compliments are brought to the board by patients, family or patients, colleagues, or the relevant law enforcement agencies. A complaint can be submitted via email or through the BRN’s website.

Initial Review

After receiving the complaint against you, the board will review the complaints to determine whether they fall within their jurisdiction. Additionally, the board will determine whether there is probable cause to pursue the case further. If the board cannot handle the complaint, it will be to the relevant departments.

Investigation

The board will assign an investigator to your case if the case needs to proceed. The investigation phase of a BRN disciplinary case involves finding the relevant evidence to support the claims made against you. This is done by interviewing the complainant and witnesses, obtaining necessary documents, and digging through your records.

Your Response

As a registered nurse, you have a right to be notified of pending investigations against you. After receiving a notice from the BRN, you must respond indicating your intentions to battle the allegations or accept them. You should be careful when giving a response to the board since the information you present at this phase can be used against you at the administrative hearing. Having a reliable license defense attorney to guide you while you interact with the board is important.

Agreement

If the BRN has sufficient evidence to support the claims against you, they may propose an agreement to bypass the formal hearing. When you enter this agreement, you will accept liability for the misconduct and agree to the board's disciplinary actions.

Accepting the board's agreement is not suitable in all situations. This is because the disciplinary action imposed against your license remains a public record. However, it may be an opportunity for you to negotiate for less severe disciplinary action to allow you to retain your license. Therefore, you must discuss your options with your lawyer before signing the agreement.

Administrative Hearing

If you do not enter the agreement, the board will schedule an administrative hearing where the fate of your license will be determined. At this hearing, the board will present the evidence collected to support the allegations against you. Witnesses can also be called upon to give their testimony.

You will have a chance to present a defense at the hearing. This includes presenting mitigating factors that can lessen the potential disciplinary action. After reviewing the evidence presented at the hearing, the administrator law judge will decide on the best course of action against your license.

Appeal

You can appeal the decision if the ALJ does not rule in your favor or issues a harsh disciplinary action against you. By submitting an appeal form within 60 days of the ALJ’s decision, you will have a chance to have your case reviewed by the board.

Disciplinary Action by the Board of Registered Nursing

After attending the administrative hearing, the BRN will determine the appropriate disciplinary action against you. Some of the factors that the board will consider when determining the appropriate disciplinary action against your license include:

Nature and Severity of Your Violations

Violations that are reported to the Board of Registered Nursing vary in seriousness. Some violations, such as negligent conduct, often cause tremendous harm or even death to the patients, while others are minor mistakes that do not cause harm. The more serious your violation, the more severe the disciplinary action you will face.

Actual or Potential Harm to Patients

You will face more severe disciplinary action if the violations you committed cause actual or potential harm to others. Common violations where you cause harm to another person include patient negligence and criminal convictions for violent offenses.

Your Disciplinary Record

The board will examine your record when determining the appropriate disciplinary action against your nursing license. This checks whether you have been subject to previous disciplinary measures. You could face more serious action, like revocation if you committed a violation while on professional probation or when your license was suspended.

Presence of Mitigation Evidence in Your Case

The BRN will schedule an administrative hearing to determine your fate after an alleged violation. You could present different types of evidence for your case at this hearing. Mitigating factors are circumstances that lessen the gravity of your violations. If you have any mitigating factors, the board could impose less severe disciplinary action.

Common disciplinary actions imposed by the California Board of Registered Nursing include:

  • Public Reprimand

The BRN can issue a reprimand letter against you when you are found to have committed a minor violation. Often, the public reprimand letter will not affect your ability to practice as a nurse. However, the public reprimand could remain on your record and impact the nature and severity of subsequent disciplinary action.

  • License Probation

If the BRN finds enough evidence to support the accusations against you, your license could be placed on probation. Probation places strict restrictions on your nursing license for a given period. With professional probation, the board will issue conditions that you must follow. Common conditions of license probation could include restrictions on where you can offer your nursing services and close monitoring of your practice.

  • License Suspension

When your nursing license is suspended after a criminal conviction or a violation of the BRN’s code of conduct, you cannot practice as a nurse through the suspension period. In this case, the duration of license suspension will vary depending on the nature and severity of your violations. While your nursing license is suspended, you may be required to undergo additional training and report regularly to the board. After the suspension period ends, you can petition the board for reinstatement.

  • License Revocation

A revocation of your nursing license is the highest level of discipline imposed by the California Board of Registered Nursing. You can no longer practice as a nurse in the state when your license is revoked. Additionally, you will be deregistered from the board and cannot use the title ‘nurse.’

You may be at risk of license revocation when you are found to have committed severe violations that result in injury or death of your patients. If you are under investigation by the BRN, you must contact a seasoned license-defense attorney to help you navigate the case.

Find a Competent Nursing License Defense Attorney Near Me

Working as a nurse requires a tremendous personal and professional commitment. The BRN is a consumer protection organization that ensures your services are safe for patients. Nurses are held in high societal regard due to their role in caring for patients in different situations. For this reason, your conduct will be closely monitored, and a slight violation can cost you your license or career.

If you are reported for different forms of misconduct like patient abuse, disclosing patient information, criminal convictions, or drug addiction, the board can impose severe disciplinary action against you. Before the disciplinary action, an administrative hearing may be held where you can defend against the allegations.

Dealing with the BRN can be a nerve-wracking experience since your career is at stake. Therefore, seeking legal guidance is critical. At Riverside License Attorney, we offer expert legal insight for nurses facing an investigation and potential disciplinary action by the BRN in Riverside, CA. Contact us at 951-404-0569 for much-needed legal insight.