Registered nurses (RNs) have a rewarding and demanding job. As a nurse registered with the California Board of Registered Nursing (BRN), you have committed yourself to caring for others. However, many issues can result in disciplinary action for nurses, which may cause them to temporarily or permanently lose their nursing licenses.
We at the Law Office of Sara L. Caplan can help you improve your chances of keeping your license and protecting your professional reputation. Our team has the expertise to negotiate with the Board of Registered Nursing on your behalf. Call us today for a free initial consultation.
The Role and Importance of Registered Nurses
Registered nurses (RNs) represent the largest group in the healthcare workforce. They deliver basic health care and educate patients about health, wellness, and ways to prevent future health issues. RNs work in various settings, including rehabilitation, emergency, and intensive care units. Their roles include:
- Administering anesthesia
- Serving as midwives
- Assisting in surgeries and caring for children
- Supporting mental health services
- Performing many other duties assigned
Modern-day nurses take on more responsibilities as primary caregivers. They handle tasks that doctors used to do, which helps lower healthcare costs. However, this shift also makes them more vulnerable to lawsuits and complaints. Their diverse roles expose them to many accusations, which can lead to disciplinary actions from regulatory boards.
The Mission of the Board of Registered Nursing (BRN)
The Board of Registered Nursing (BRN) issues licenses to qualified nurses and regulates the profession to protect patients and maintain high standards of care and professionalism.
The BRN has set guidelines for handling disciplinary cases covering negligence, incompetence, or unsafe nursing practices. The guidelines outline actions for various violations, including breaches of the Nursing Practice Act or the Business and Professions Code.
The board considers several factors when deciding on consequences for a violation, including:
- A reprimand
- A fine
- License suspension or revocation
- Probation.
These factors include:
- the type of complaint and the seriousness of the offense
- harm caused or potential harm to a patient
- Previous disciplinary actions and criminal history.
- The time since past violations of RN standards
The nursing board must consider the court-approved probation conditions if there is an ongoing criminal case. This rule applies whether the case is a misdemeanor or felony. The Board of Registered Nursing prioritizes public safety over individual interests. However, an experienced attorney can negotiate effectively on your behalf.
A professional license attorney understands what evidence can help. They know how to use it to reduce or dismiss potential board actions against your license. We can present proof of your rehabilitation efforts, safe practices, and ongoing education. Additionally, we can highlight weaknesses in the evidence against you before and during your hearing.
What Are the Most Common Allegations Against Nurses in California?
California nurses may face investigations, suspensions, or revocations of their licenses for several reasons. Common issues include unprofessional conduct, professional misconduct, incompetence, gross negligence, and ethical violations.
Nurses can lose their licenses due to patient, coworker, or employer complaints. This situation can happen whether the actions were intentional or accidental.
Altering Medical Records or Inadequate Documentation
Nurses may receive inquiries from the Bureau of Registered Nursing (BRN) due to charting mistakes. Common errors include not recording patient health information accurately. Other mistakes are failing to note medication history, nursing actions, drug reactions, or changes in patient conditions. Nurses may also maintain illegible records.
Criminal Offenses
Not reporting or clearing a past misdemeanor or felony can lead to losing your nursing license. Additionally, you risk losing your license if you commit a crime while working as a nurse and do not report it. Convictions for DUI or drug-related offenses are also violations of the Nursing Practice Act.
Drug Diversion
Taking the patients’ medications or diverting controlled substances is a serious crime. It also violates the California Nursing Act. Nurses can face serious charges for not disposing of drugs and controlled substances. A nurse might steal controlled substances for personal use, to give to someone else, or for money.
Drug diversion occurs when nurses take drugs from a medication dispenser, narcotics cabinet, or pharmacy. It can happen if a nurse falsifies paperwork. The nurse may record doses not given to patients but taken by the alleged nurse instead. Drug diversion can include taking a pain patch from a patient for personal use. It can also involve searching through medical waste for drug remnants.
Failing a Drug Test or Refusing to Take One
Nurses who undergo random drug testing by their employers risk losing their nursing licenses in California. These include using cannabis, even after the legalization of recreational marijuana with Proposition 64. The California Supreme Court has ruled that employers can fire workers who fail drug tests. It applies even if the worker has a doctor’s recommendation for medical marijuana.
California law allows employers to require drug tests before hiring and consider illegal drug use when making job decisions. A coworker or patient may sometimes file a complaint about a nurse, leading to drug testing. A nurse may test positive for drug residue from recent recreational use, even if they are not impaired. The Board of Registered Nursing receives reports on nurses who fail drug tests.
HIPAA Violations
Specific actions can lead to the loss of a nursing license and result in disciplinary measures from licensing boards, especially in healthcare. For example, a nurse in California may face license revocation for breaching the Health Insurance Portability and Accountability Act (HIPAA).
You must report even unintentional violations to privacy officers or supervisors. Failing to do so can lead to serious consequences. Major HIPAA violations can lead to disciplinary actions from the nursing board. These include license termination and penalties, even without bad intent.
Out-of-State Disciplinary Activity
Disciplinary actions taken by nursing boards in other states can also result in consequences for nurses in California. The Board of Registered Nursing can impose extra-disciplinary actions on a nurse if another state’s licensing authority has sanctioned the nurse, even if it is not a nursing board.
Inappropriate Social Media Activity
The California Board of Registered Nursing (BRN) prioritizes patient privacy. If a California nurse shares anything online that breaches patient confidentiality, such as on social media, they may face an investigation by the BRN. These include posts featuring:
- Photos or videos of a patient
- Identifying a patient by name or other details
The BRN advises against posts that promote healthcare services or providers. It also warns against criticizing them or taking sides on controversial health issues. Posts showing a nurse in a compromising position can lead to an investigation. These include posts about drug or alcohol misuse or using inappropriate language. These actions may affect their nursing license.
Not Submitting For Fingerprint
Under Title 16, Sections 1419, 1419.1, and 1419.3 of the California Code of Regulations, nurses must submit fingerprints when renewing their licenses. This rule applies if they have never been fingerprinted or have no record of their fingerprints.
Since 2010, the California Board of Registered Nursing has required California nurses to submit fingerprints and provide background information when renewing their licenses. If nurses do not submit their fingerprints to the DOJ by the renewal deadline, they may face disciplinary action. The California Board of Registered Nursing usually handles this.
Not Paying Your State Taxes
Since July 2012, most licensed professionals in California risk losing their licenses, including driver’s licenses, for evading taxes. They may lose them if they are on the state’s list of tax delinquents. If a licensee appears on this list, the state may deny or suspend their professional license when they try to renew it.
They have 90 days from receiving a preliminary suspension notice to pay their outstanding taxes or set up a payment plan. If they do not comply with either option, their license will stay denied or suspended. It will remain that way until the relevant state tax authorities send a release to the licensing agency.
The BRN Enforcement Program
Patients, clients, and others can file complaints against a registered nurse (RN). These complaints can activate the BRN Enforcement Program. The complaint may be valid or not, and it may or may not lead to professional discipline.
This program starts with the Complaint Intake phase and progresses to the Investigation, Legal Action, and Probation Monitoring stages. If someone files a complaint against you, you will receive a written notice within ten days. You should contact a qualified licensed lawyer right away. Prompt responses can improve your chances of a positive outcome.
People can submit complaints anonymously, making it harder for the Department of Investigation (DOI) to build a strong case. People often file complaints confidentially. However, your attorney may uncover the complainant’s identity during legal proceedings by questioning witnesses and examining evidence.
The board’s DOI will file a formal accusation if it finds enough evidence. To make this decision, the DOI will interview the RN, the complainant, your employer, coworkers, and others involved. They will also review relevant documents and records. The investigator will submit a final report to the board. The report will recommend whether to file the accusation. Since outcomes can be uncertain, consult a lawyer during the investigation. This investigation will give you time to prepare a strong defense.
When someone files an accusation, your lawyer will review the charges and can challenge them at a scheduled administrative hearing. You will also receive an official written notice detailing the allegations.
Possible Outcomes of the Investigation/Hearing
The investigation may take months or even years, depending on the complexity of the charge and evidence. Sometimes, the board may issue an interim suspension. However, you can often contest it and have it reversed. This situation may allow you to continue working during the investigation.
If the evidence weakens, the complaint will be “closed without merit.” If there is enough evidence but the violation is minor, the complaint will be “closed with merit.” In this case, the board will take no action against your license but will note the violation on your record. The Board of Registered Nursing may issue a citation and fine for certain minor violations. You can contest and appeal this less formal process.
If the issue involves drug abuse or suspected mental health problems, the BRN Intervention Program will take charge. This process ensures confidentiality and, in cases of drug addiction, may require rehab and educational programs.
If there is an administrative hearing, your license attorney will present evidence to support your case. They can also do this during settlement talks, which might help you win the hearing. Even if they cannot win ultimately, your attorney can often secure a stay revocation and probation for you.
Probation usually lasts for at least three years. Your license attorney can collect supporting evidence to obtain a stay on revocation or suspension. These documents may include:
- Statements from your employer
- Proof of enrollment in a rehab program for substance abuse
- A medical exam from a licensed doctor
- Records of any continuing education courses completed since the complaint.
Your attorney can also advocate for reinstating a revoked or suspended license or seeking to reduce the probation period. There are specific waiting times and limits on how much we can minimize probation. However, a professional license attorney knows how to improve your chances of reducing it.
Additionally, they can negotiate for better probation terms. While there will be minimum requirements and some monitoring to ensure compliance, they will strive for the best possible outcome.
All probation terms require you to avoid criminal activity. You must contact a probation officer in person and submit written reports. Your employer will supervise you while you work as an RN.
You must follow restrictions on your RN responsibilities. If substance abuse is the main issue, you will face a license suspension and need to complete a drug rehabilitation program. You can negotiate many details of the probation terms. These terms can impact your life during this period.
Your license attorney can help reinstate your license if the state has revoked or suspended it. You will usually need to cover the investigation and probation monitoring costs. However, the board may lower these fees and set up a manageable payment plan. It gives us a chance to advocate for a better result for you.
Find a Professional License Attorney Near Me
Facing a complaint or legal action threatening your nursing license is distressing. You put in a lot of effort to earn your California nursing license. Now, you should do everything you can to keep it. Protect your career and maintain your professional reputation. Disciplinary actions from the BRN or other regulatory bodies can seriously affect your nursing practice.
We at the Law Office of Sara L. Caplan have represented many California nurses. Our attorneys are skilled in handling various BRN licensing issues, accusations, and criminal charges. We are here to help you defend your California nursing license so you can continue with your profession. For more information about defending your nursing license, call our office today at 310-550-5877.
