The California Board of Registered Nursing (BRN) regulates the registered nursing profession, conducts investigations and administrative hearings, imposes disciplinary acts, and licenses applicants. Obtaining a registered nurse (RN) license requires time, commitment, hard work, and money. It is a valuable asset that you should do everything possible to protect. At the San Bernardino License Attorney, we are here to help you protect this asset.

We understand the challenges that registered nurses face in their profession. If you are under investigation or have engaged in unprofessional conduct that jeopardizes your career, our attorneys will guide you in navigating investigations and preparing for the hearing. Where an unfavorable outcome like license cancellation is inevitable, we can assist with reinstatement or pursue other options that minimize the adverse impact of the verdict on your profession.

Responsibilities of a Registered Nurse

RNs comprise the largest number of healthcare professionals because of their significant roles in the industry. Their responsibilities expand as the years go by. Today, the typical responsibilities that nurses perform include:

  • Evaluating patients to provide primary care.

  • Offer patient education regarding health and prevention of future medical complications.

  • Help with rehabilitation efforts.

  • Work in the emergency room and intensive care unit.

  • Help with anesthesia administration.

  • Help in the maternity to deliver babies.

  • Act as assistants to surgeons during surgical procedures.

  • Offer pediatric care.

  • Work with patients in mental facilities.

  • Monitor and assess treatment stages to ensure they satisfy the patient’s preferences.

More nurses are taking up roles previously reserved for doctors or physicians and acting as primary caregivers, significantly reducing the cost of accessing medical care. However, with the increased and complex responsibilities that RNs perform, they are more susceptible to suits and complaints than ever before. Besides, with their large numbers and various specializations, they face different accusations from the BRN.

California BRN’s Mission

Many statutes, including the Nursing Practice Act and the Regulations Code, regulate registered nurses in California. The regulations outline the professional duties of these healthcare workers and instances when they risk disciplinary action. The California BRN is responsible for implementing these regulations. The primary functions of the licensing agency are:

  • Developing educational standards or RNs.

  • Sanctioning registered nursing training and educational courses.

  • Evaluating RN license applications.

  • License issuance and renewal.

  • Certificate issuance.

  • Initiating disciplinary actions on behalf of complainants.

The primary mission of BRN is to issue permits to applicants that meet the requirements provided by the law and regulate the medical industry to ensure professionalism and that patients receive quality care. The agency accomplishes this mission by setting disciplinary guidelines they rely on to take action against RNs who engage in professional misconduct.

Even though the board issues your license, do not assume they are on your side. Their primary function is to protect the public, which is the consumers of your services. However, this does not mean that the license board will be biased and overlook the facts of the case just to take disciplinary action. You are entitled to a fair hearing where your attorney will present facts or negotiate with the attorney representing BRN to avoid punishment or reduce it.

At the San Bernardino License Attorney, we know the evidence required to have the complaint dropped and disciplinary measures reduced. For a fair outcome, we will submit mitigating circumstances and proof of rehabilitation. We will also poke holes in the evidence against you and reach a favorable settlement without an administrative proceeding.

Even if the case reaches the administrative stage, we will use solid evidence to convince the Administrative Law Judge (ALJ) to deviate from the board's standard disciplinary guidelines for a favorable result.

Common Reasons BRN Licensees Lose Their Permits

The public, California statutes, and licensing boards hold RNs to a high standard. Therefore, as an RN, you should strive to meet these expectations. Unfortunately, because you are human and your career is demanding, you can face a lawsuit from an unsatisfied client, risking your permit.

The reasons that trigger complaints and possible disciplinary measures include:

  • Refusal to keep patients' information and medical records confidential.

  • Gross negligence.

  • Engaging in fraud or receiving payment for referrals.

  • Incompetence.

  • Having another complaint outside of California.

  • A guilty verdict for a violation substantially related to your profession, like assault, drug crimes, fraud, or abuse.

  • Utilizing unlawful drugs in a manner that threatens public safety.

  • Refusal to submit child support payments within 150 days after the prosecutor has sent a notice to the Consumer Affairs Support Unit.

Enforcing BRN Program

The California BRN discovers your professional misconduct or violation through a complaint from a member of the public or colleagues in your healthcare industry. The agency will not serve you with a complaint notice immediately after the complaint. Instead, they will start by assigning their attorneys the case to conduct further investigations and establish there is evidence to substantiate the complaint. They will send you a written accusation notice in ten days if the complaint can be substantiated.

The accusation or notice also notifies the public that the board intends to take disciplinary measures against you. Immediately you are served, contact your defense attorney to prepare an answer or response to the accusation. When you respond early, you are giving yourself the chance to contest the allegations. However, not responding or a late response amounts to admission to the accusation and will result in a default verdict or decision, meaning you will automatically face disciplinary measures.

Many of the RNs who chose to answer the accusations saved their careers. Therefore, hire a competent license defense attorney to evaluate and contest the board’s evidence to save your livelihood.

Typically, BRN gathers all the evidence to portray you as a threat to public safety. Most of their information does not reflect the events leading to the complaint because they could be biased. The allegations against you could even be false. So, you need an attorney to evaluate the accusations, find weaknesses, and file a response within fourteen days. By responding, you inform the agency of your plans to fight the allegations.

You should request an administrative proceeding or settlement when you file a defense. For a settlement, the attorney will sit with the opposing attorney and negotiate a settlement. If you agree, the agency will evaluate it for approval or rejection. If they approve the settlement, the case will end there.

However, if they reject the agreement, the case will proceed to an administrative proceeding presided over by an ALJ. You can represent yourself in the hearing, but having an attorney who understands the defense of an RN license is best. Those in the hearing include you, your attorney, BRN’s attorney, witnesses, expert witnesses, and the ALJ.

Like in a criminal case, attorneys from opposing sides will make their opening statements and submit evidence. Additionally, they will cross-examine experts and eyewitnesses to obtain testimonies that strengthen their respective evidence. Once all the evidence has been submitted, the ALJ will evaluate the facts and make recommendations or proposals to the agency.

The agency will analyze the proposal for adoption or rejection. When the ALJ’s proposal is declined, the board makes its own ruling. Alternatively, they could adopt the proposal, depending on whether or not it favors you.

Administrative hearings have many uncertainties. An experienced attorney understands this, and they will try to resolve the case early through a settlement to avoid these uncertainties. Here, your attorney points out the inaccuracies or errors in the allegations for a lenient disciplinary action.

Attorneys have different experiences. Therefore, working with an attorney who understands the defense of an RN license can increase your chances of a favorable outcome. They will prepare the necessary answer on time, meet all deadlines, and represent you in the administrative hearing.

Possible Disciplinary Measures

BRN will impose disciplinary measures if they are convinced you threaten public safety. Because these cases can last for months and sometimes years, the board could impose interim license suspension even before the end of investigations if they believe allowing you to continue practicing while under investigation threatens the public. Thankfully, an attorney can compel the licensing agency to overturn the suspension, enabling you to continue practicing for the duration of investigations.

Apart from the temporary suspension, after a default decision or determination that you are a threat to patients, the board imposes the following disciplinary measures:

Public Rebule or Reprimand

If you have engaged in a minor violation and the verdict by the BRN is unfavorable, you risk a dressing or reprimand in public by the board. Although the disciplinary measure is more lenient than revocation and probation, it can dent your reputation. The letter remains attached to your license for 36 months. If you do not have a job, obtaining one with the reprimand letter attached to your license is an uphill task. Even though the letter mentions that you do not threaten public safety, allowing you to practice puts your professionalism in question. Even though you will retain your job, many employers will be unwilling to consider you for a promotion. Others will deny you employment opportunities.

Reprimands are only issued after an administrative proceeding. So, in the hearing, you can have your attorney submit mitigating factors to compel the ALJ to impose a private reprimand, as this will stay private and not dent your reputation like a public one.

License Probation

BRN imposes RN license probation instead of revocation or withdrawal when your attorney presents compelling mitigating factors in situations warranting a revocation or suspension. When you adhere to probationary requirements for at least 36 months or no more than 84 months, the board cancels the revocation and drops the complaint.

Mitigating circumstances that compel the judge to stay a revocation and impose probation include:

  • An official statement from your boss or supervisor.

  • Evidence that you enrolled in a rehabilitation program after the incident involving substance addiction.

  • A physical evaluation from a certified doctor.

  • Transcripts of continuing education programs you have finished after the complaint was filed.

An attorney will also help you negotiate a reduction in the probationary period to minimize your chances of violating the terms. If the probation duration is long, the risk of breaching the terms is high. The standard terms of probation you will face are:

  • You must adhere to the law.

  • You should enroll and finish at least one nursing program.

  • You should comply with BRN’s probation program.

  • You should regularly report to your probation officer to understand your responsibilities.

  • The probationary period will not count if you are out of California.

  • You and your boss should submit quarterly statements to the board.

  • You should compensate the money for any expenses incurred in the case.

  • You should adhere to all probation terms.

  • You should be under supervision when on the job, and in no way can you supervise others.

  • You must adhere to employment restrictions by the agency.

In an alcohol or drug-related complaint, the BRN can impose the following restrictions:

  • You should participate in a physical evaluation done by a board-approved physician within 45 days.

  • Enroll in a six-month drug addiction treatment program.

  • You should avoid mood-changing drugs unless it is a valid prescription and you have notified the board.

  • You must agree to random drug testing.

  • You should undergo a mental evaluation.

  • You should undergo therapy if your mental health facility recommends so.

License Suspension

The harshest punishment you can face for professional misconduct is license suspension. The suspension stems from violating probation terms, a default verdict due to refusal to respond or a late response, or after a guilty verdict as stipulated under PEN 23. Once the license is suspended, you cannot work as a registered nurse or secure employment for the same position. Luckily, after the suspension duration, you can petition for license reinstatement with the guidance of an attorney.

For the permit to be reinstated, you should reimburse BRN for all the costs incurred in the investigations, hearings, and monitoring if the preferred punishment was probation. Consolidating the money can be difficult, considering you have not been working during probation. Thankfully, the agency can arrange a repayment plan to enable you to reinstate the permit and resume earning a living.

Find a Competent Registered Nursing License Defense Attorney Near Me

Losing your registered nurse license can result in additional severe repercussions other than losing your job. After the suspension or revocation, you will still have an obligation to pay your student loans even though you are not using the education. Also, your peers could discriminate against you because of the license loss. At San Bernardino License Attorney, we understand what your RN license means to you. We will work hard to prevent disciplinary measures that could hurt your reputation, career, and livelihood. Call us at 909-966-4095 to start preparing your defenses.