Securing a vocational nursing and psychiatric technician license in California requires a lot of dedication and sacrifice. This license is a crucial element in your long-term professional path. However, the California Board of Vocational Nursing and Psychiatric Technicians, abbreviated as BVNPT, will scrutinize your license application based on substantial evidence of misconduct or criminal convictions. If you already have a professional license, accusations of professional misconduct can lead to the suspension or revocation of your professional license. Criminal allegations can also attract a revocation, suspension, or license probation.

The adverse effects of a professional license suspension or revocation can extend beyond your career. The livelihood and welfare of your dependent family can also be significantly affected. When you receive a notice of board investigation, your first step should be to contact an experienced attorney to help defend your professional license. At the Law Office of Sara L. Caplan, we have licensed Los Angeles attorneys who understand all the regulations that govern vocational nursing and psychiatric technicians. We will help you develop a solid defense against the allegations against you.

The Duties Of Vocational Nurses Explained

Vocational nursing is a profession that positively affects people's lives. The responsibility of vocational nurses is demanding. Unlike a general doctor, the lives of patients are in the hands of vocational nurses around the clock. They play crucial roles in hospitals, schools, home care agencies, and nursing homes. Some of the duties of vocational nurses include the following:

  • Checking and recording patients' vital signs

  • Monitoring patients suffering from chronic illnesses and health conditions

  • Taking care of patients, including dressing their wounds

  • Checking and recording patients' progress

  • Ensuring that patients do not skip their medication but take it as prescribed

  • Monitoring intravenous machines

The services that vocational nurses and psychiatric technicians offer are always in high demand. You must invest money, time, and effort to secure a license. It takes commitment to perfect your vocational nursing or psychiatric technician career. It would be detrimental to lose your professional license due to a single mistake or allegations of professional misconduct.

It is common for dissatisfied patients or their loved ones to file allegations of professional misconduct. In the health sector, the unexpected can happen. Sometimes, a patient who seemed to respond well to treatment can succumb to the illness, only for the patient's relatives to accuse you of failing to monitor the patient as required. When faced with this predicament, you must act fast to save your livelihood. You can safeguard your professional license by hiring an attorney promptly. The licensing board does not require you to have an attorney during the license hearing. However, you should not go it alone. Working with a professional attorney increases your chances of a favorable outcome.

The Duties And Responsibilities Of Psychiatric Technicians

Psychiatric technicians provide basic care, just like vocational nurses. The difference is that psychiatric technicians focus on patients with mental health challenges or emotionally disturbed patients. Some of the primary duties of psychiatric technicians include the following:

  • Helping patients with mental health challenges with personal hygiene

  • Overseeing patients' rehabilitation and treatment programs

  • Administering medication and injections to patients

  • Carrying out the assigned procedures according to the laid-out protocols and as directed by the supervising physicians

When handling patients suffering from mental health illnesses, a psychiatric technician must be empathetic. You must monitor your patients' pulse, temperature, and respiratory progress. Psychiatric technicians must also record patients' behavior patterns and inform the medical personnel of all their observations.

Other duties of psychiatric technicians can include administrative tasks like admitting patients into mental health facilities, updating patients' records, liaising with patients' families, and overseeing patient visitation by their loved ones. Patients with mental illnesses can be violent and suicidal. Therefore, psychiatric technicians also play a crucial role in ensuring that patients do not harm themselves or those around them.

While performing your duties as a psychiatric technician, you can make a mistake that puts your professional license at risk. Mistakes are unpredictable and, sometimes, inevitable. However, if a patient suffers harm while under your care, their loved ones can accuse you of neglect or misconduct. Your competence might be questioned even when you do your best to perform your duties. If you face accusations that can put your license at risk, you should contact an attorney to help you create a convincing defense against the allegations you face.

Understanding The California BVNPT Roles

The California BVNPT plays several roles, including issuing licenses to qualifying vocational nurses and psychiatric technicians. Before the board approves your license application, you must meet high standards. The board also has a role in safeguarding the public by ensuring that vocational nurses and psychiatric nurses adhere to the professional code of conduct.

The board maintains an online page and a process for filing complaints. All a complainant must do is fill out a complaint form. Upon receiving a complaint against you, the board officials assess the complaint to determine if it is substantial. If the officials establish that the complaint against you is significant, they initiate an investigation to gather additional details. If the complaint is unsubstantial, the board dismisses the allegations against you.

The board officials can notify you of a board hearing following the investigation. You should contact an attorney to help you prepare for the hearing and even represent you during the hearing. Depending on the outcome of the board hearing, you can be subject to different types of professional discipline. The most severe discipline is a revocation of your professional license. License revocation is not necessarily permanent; licensees may petition for reinstatement after a specified period, demonstrating rehabilitation and compliance.

The board aims to safeguard the public by instilling professional discipline in vocational nurses and psychiatric technicians.

The BVNPT is committed to safeguarding the public, but sometimes it is overzealous board officials instill professional discipline in undeserving people. The public can file inaccurate allegations against you. A factual accusation can also be exaggerated and blown out of proportion. You should seek legal representation from an aggressive attorney for the best possible outcome.

Professional Misconduct That Can Trigger Board Discipline

Several actions can lead to professional discipline for vocational nurses and psychiatric technicians. The leading triggers include the following:

Negligence

Negligence is the failure to offer the appropriate or required standard of care. This can include administering the wrong medication, failing to follow the supervising doctor's orders, and documentation issues.

Substance Abuse

It is gross misconduct to handle patients while under the influence of drugs or alcohol. Any substance use disorder that impacts your work or how you interact with patients can trigger professional discipline. You can also face professional discipline if you sell controlled substances to your patients or the public. If proven, a drug claim is a serious allegation that can lead to incarceration in addition to the loss of your professional license.

Criminal Charges

Any criminal charges or convictions, including assault, DWI, or theft, can trigger a board investigation and professional discipline.

Theft

Stealing medication, patients' belongings, or other valuable items is gross misconduct. This violation can result in professional discipline.

Unprofessional Conduct

Unprofessional conduct can include various behaviors undermining the respect and trust inherent in the vocational nursing and psychiatric technician profession. Unprofessional conduct can consist of disrespect or rudeness towards patients and colleagues. Violating the workplace policies can also trigger a board investigation and discipline.

Ethical Violations

Vocational nurses and psychiatric technicians must adhere to the set code of ethics. The common ethical violations that can trigger a board investigation include breaching confidentiality and boundary violations.

Fraudulent Or Dishonest Behavior

A patient can accuse you of fraudulent or dishonest behavior, mainly by charging them for more hours than you offered. Another dishonest behavior can include falsifying a patient's prescription. These actions amount to fraud and can lead to disciplinary proceedings against you.

Practicing Outside The Scope Of License

Vocational nurses and psychiatric technicians must practice within the scope of their licenses. Offering services for which a vocational nurse or psychiatric technician is not qualified can trigger professional discipline.

Violating License Probation Requirements

The board can place you on probation upon receiving specific complaints from patients. Licensees on probation are typically allowed to continue practicing under specific conditions set by the BVNPT, unless explicitly restricted. You might continue practicing while on probation, hoping the board will not find out. If you practice while on probation and the board finds out, the board can revoke your license permanently.

Physical Or Sexual Abuse

A patient can accuse you of physical or sexual assault. These allegations are significant; without proper legal representation, you might lose your license. Upon receiving accusations of physical or sexual abuse, the board will investigate and impose the appropriate disciplinary penalties based on its findings. The good news is that you can fight these allegations, no matter how intricate, provided you have an experienced attorney. An attorney will do everything possible to help you avoid harsh disciplinary action and legal fines.

The discipline that the board imposes will vary depending on the following factors:

  • The severity of the alleged offense

  • If there is evidence of rehabilitation

  • The vocational nurse or psychiatric technician's current ability to handle patients safely

  • Any mitigating factors

  • The presence of aggravating factors like a previous board discipline

The board will consider the above mentioned factors to determine the appropriate sanctions for the violation. If you are under investigation or facing a potential board discipline, contact an experienced attorney to guide you.

The Effects Of Professional Discipline On Vocational Nurses And Psychiatric Technicians

Professional discipline for vocational nurses and psychiatric technicians can result in severe consequences, including the following:

Loss Of Licensure

Board disciplinary actions can range from mild to severe. Mild disciplinary actions can include a warning or continuing education requirements. Severe actions can consist of the temporary suspension of your professional license. In extreme cases, disciplinary action can lead to the permanent revocation of your professional discipline. A suspension or revocation of your professional license can hinder your ability to offer services.

Psychological Distress

The board disciplinary process and the resulting consequences can affect your emotional well-being. Upon facing board disciplinary action, many vocational nurses and psychiatric technicians experience anxiety, stress, and other mental health issues.

Reputational Damage

A board disciplinary action can damage a vocational nurse or psychiatric technician's reputation. This can impact future employment opportunities and your professional standing.

Impact On Patient Care

Facing professional discipline can distract vocational nurses and psychiatric technicians, leading to errors and omissions in patient care, thus endangering patients' lives.

Perception By Colleagues And Managers

Facing board discipline can affect how your manager or colleagues see you in the workplace. This can negatively impact the work environment, affecting trust, morale, and teamwork.

Trust In The Profession

Board disciplinary action can erode society's trust in the vocational nursing and psychiatric technician profession. It can also affect how the public views the healthcare system.

Preventing Board Discipline

What can vocational nurses and psychiatric technicians do to avoid board professional discipline?

Adhering To The Ethical Standards

Vocational nurses and psychiatric technicians must always uphold ethical standards when handling patients or interacting with their colleagues. Ethical standards include confidentiality, respect, and honesty.

Understanding Professional Laws And Regulations

You can avoid professional discipline by ensuring that you master the laws and regulations that govern nursing practice.

Proper Record Keeping And Documentation

Complete and accurate patient care documentation is crucial to protecting yourself from disciplinary actions and other legal repercussions.

Seeking Help Whenever Needed

If you are struggling with alcohol or drug abuse, you should seek help and treatment to help you overcome the addiction. Even if patients or the public complain about your substance use, you can point out that you are seeking help and treatment for it.

Find an Experienced License Attorney Near Me

Are you a vocational nurse or psychiatric technician facing board investigation or professional discipline? You should not give up. All you need is to contact an experienced attorney to defend your license. At the Law Office of Sara L. Caplan, we have experienced attorneys who can help you protect your license in Los Angeles. Contact us at 310-550-5877 to speak to one of our attorneys.