Are you undergoing investigation by the California Board of Vocational Nursing and Psychiatric Technicians, or do you suspect that you will be soon?

Perhaps you have recently been arrested or convicted of a criminal offense. Your vocational nursing and psychiatric technician license might have been suspended, revoked, or put on probation. No matter the situation, an experienced license defense attorney can help. At the San Bernardino License Attorney, we have experienced attorneys who can defend your professional license. It does not matter how intricate the accusations against you are. Our attorneys will do everything possible to fight your charges.

Your License Matters

Your vocational nursing and psychiatric technician license is one of your most valuable possessions. You have invested money, time, and effort in obtaining the license. When you face a risk of license suspension, revocation, or probation, you must act promptly. You must also act fast when the licensing board denies your application with a statement of issues.

If your license is at risk, you have a legal right to defend yourself during the administrative hearing. At the hearing, you can face and cross-examine witnesses with the help of your attorney. You can also present witnesses in your defense and present mitigating evidence. If you are unhappy with the judge's ruling, you can appeal at a court of higher jurisdiction.

Do not risk your professional license by trying to go it alone. It is always good to seek the help of an attorney with a thorough understanding of license defense. You might forfeit your legal rights by making simple mistakes when going alone. You might also not know how to address particular challenges when they occur. Involving an attorney early in your case can increase the likelihood of a favorable outcome.

The Roles of Vocational Nurses

Vocational nurses are licensed vocational nurses and play a crucial role in the healthcare system. They provide primary nursing care, usually under the supervision of registered nurses or physicians. Vocational nurses possess the knowledge and skills to offer safe and efficient care to patients in different healthcare settings. Vocational nurses can work in many facilities, including clinics, hospitals, home health agencies, and long-term care facilities. The roles and responsibilities of vocational nurses include a wide range of duties that seek to promote the health and well-being of patients. Some of the common duties and responsibilities of vocational nurses include the following:

Patient Care

Vocational nurses help patients with daily living activities, including dressing, bathing, feeding, and mobility. They also monitor patients’ vital signs, observe and report changes in their conditions, and give emotional support to patients and their families.

Wound Care

Vocational nurses also dress wounds, change wound dressings, and monitor the healing process. They ensure they follow the proper wound care techniques to enhance healing and prevent infection.

Medication Administration

Vocational nurses can administer medication or treatment as registered nurses or physicians instruct. They follow the established protocols to ensure proper dosage and timing. They also educate patients regarding the applicable drugs and the potential side effects.

Documentation and Charting

Vocational nurses maintain proper and up-to-date patient records by documenting vital signs, treatments performed, medication administered, and changes in a patient's condition. Adequate and comprehensive documentation is crucial for communication among healthcare professionals and continuity of care.

Patient Education

Vocational nurses also educate patients and their loved ones on different health topics. For example, they educate patients on nutrition, medication adherence, disease management, and lifestyle changes. They sensitize patients to make them assume an active role in their recovery journey and make informed decisions about their health.

The Roles of Psychiatric Technicians

Psychiatric technicians work with people who have mental illnesses, developmental disorders, or substance abuse issues. They take care of patients by performing various duties like bathing, administering medication, and playing games with patients.

Psychiatric technicians work closely with patients to ensure that they are happy and comfortable in treatment facilities. Their role is almost similar to that of psychiatric aides. However, psychiatric technicians mainly focus on therapeutic care. The roles and responsibilities of a psychiatric technician can vary depending on the place of work or the type of patients in a treatment facility.

Commonly, psychiatric technicians perform the following roles:

  • Observing and recording patient behavior.

  • Listening to and addressing patients’ concerns.

  • Monitoring patients’ vital signs.

  • Administering medication or other treatments as instructed by doctors.

  • Serving meals to patients.

  • Helping patients with daily tasks like bathing and eating.

  • Helping facility staff maintain a clean environment.

  • Accompanying patients on field activities.

  • Restraining violent patients if necessary.

  • Moving patients from one facility to another or helping them around the facility.

Most psychiatric technicians work in psychiatric hospitals or substance abuse facilities at a state or private level. Common employers include government hospitals, general hospitals, and residential mental health facilities. Depending on the facility, psychiatric technicians can work part-time or full-time.

Factors That Can Trigger Board Disciplinary Actions for Vocational Nurses

The board of vocational nurses and psychiatric technicians can impose various disciplinary actions depending on the circumstances surrounding a case. When determining the disciplinary action to impose, the boy can consider the following factors:

  • The nature or severity of the alleged crime a vocational nurse commits.

  • The potential or actual harm to the public.

  • Potential or actual harm to the patient.

  • Previously disciplinary record.

  • The number or types of violations.

  • Mitigating evidence.

  • Rehabilitation evidence.

  • In case of a criminal conviction, the board will consider a vocational nurse’s compliance with the imposed conditions, including probation conditions.

  • Time that has passed since the vocational nurse committed the offense.

  • The vocational nurse’s overall criminal record.

Many vocational nurses assume that the licensing board is on their side, but this is untrue. The board’s priority is consumer protection rather than nurse protection. The board takes all complaints against vocational nurses seriously and reviews them carefully.

Complaints against vocational nurses fall into different categories:

Urgent Complaints

These are serious violations that trigger immediate board investigation. They include:

  • Acts that cause serious harm to a patient, including great bodily injury or death.

  • Licensee’s physical or mental impairment posing potential harm to the public.

  • Practicing while under the influence of alcohol or drugs.

  • Repeated accusations of alcohol or drug abuse.

  • Drug offenses, including narcotics or prescription drugs theft or unlawful possession of a controlled substance.

  • Engaging in sexual misconduct with a patient.

  • Physical or mental abuse of a patient.

  • Gross negligence or incompetence.

High-priority Violations

These offenses include the following:

  • Prescribing or dispensing medication without authority.

  • Unlicensed activities.

  • Aiding or abetting engagement in an unlicensed activity.

  • Criminal violations like elder abuse and fraud.

Routine Violations

These are common violations that occur often. They include:

  • General negligence or general unprofessional conduct resulting in no injury or minor harm.

  • Subsequent arrest notifications.

  • Patient abandonment.

  • Unsanitary conditions.

  • Record keeping violations.

  • Complaints of offensive behavior or language.

  • Complaints associated with quality of service.

The Common Violations That Can Affect Your Psychiatric Technician License

Some of the violations that could make you lose your psychiatric technician license are:

Unprofessional Conduct

You can face professional discipline if a patient or their loved one accuses you of unprofessional conduct. For example, borrowing money from patients or making romantic advances to them is a form of unprofessional conduct.

Having A Criminal Conviction On Your Record

If you commit a criminal offense, whether a felony or misdemeanor, related to your profession, your day could be at risk. Some of the criminal convictions that can affect your professional license include elder abuse and drug use.

Failing To Adhere To The Standard Normal Of Care

If the patient or their family feels that you are deviating from the acceptable standard of care, they can file a complaint against you. Allegations like going beyond the scope of your professional license can lead to license or revocation.

Violating License Probation Terms

The board can put your license on probation if you commit a violation. If the board instructs you not to practice during the probation period but you violate the board's terms and conditions, you can face disciplinary action. Violation of license probation terms can result in the suspension or revocation of your license.

Ordinary or Gross Negligence

Taking care of a patient is no easy task, and a single mistake can make a patient suffer harm or lose their life. If you are accused of ordinary or gross negligence, the board can suspend your professional license or impose other appropriate discipline.

The Potential Disciplinary Actions Imposed By The Board

The disciplinary action the board imposes varies depending on the type and severity of the violation. If the board establishes that the allegations against you are substantial, some of the disciplinary actions it can impose include:

A Public Reprimand

A public reprimand can be devastating and harm your career because it will be visible to the public. With a public reprimand, potential clients or employers will learn about your violation, which reduces your likelihood of getting a new job or clients. Most clients will be hesitant to work with a vocational nurse or psychiatric technician whom the board has reprimanded.

License Probation

A license probation means that the board will suspend your license for a short period, during which you cannot continue to operate. When the probation period is over, you can resume offering services. However, it is sometimes possible to continue practicing even when on probation, provided you adhere to the set terms and conditions. If you appeal a license revocation, the board can reduce your sentence to a license probation. With the help of a seasoned attorney, you can negotiate with the board for a shorter license probation.

Fines/Citations

The board can order you to pay a fine or citation when you commit a minor violation. This is a less severe disciplinary action the board undertakes. However, even if this disciplinary action is less severe, it will appear on your background, which can put off potential employers or clients. You should contact an experienced attorney to help you fight against the allegations against you, no matter how minor.

License Suspension

If the board suspends your license, you cannot work for a given period. It is a violation to continue working after a license suspension. The board might revoke your license if you work on a suspended one.

License Revocation

The most severe disciplinary action imposed by the board is license suspension. This harsh punishment mainly applies to severe violations, primarily acts that harm patients or the public. Depending on the facts of your case, the board can revoke your license even for seemingly minor violations. You should contact an attorney even if you feel the allegations against you are minor. Your attorney will help you file a notice of defense to give you a chance to defend yourself and present mitigating evidence.

Sometimes, you can reach a contentious agreement with the board. This will mean that you can continue practicing, provided that you refrain from doing some things prohibited by the board. You should not give in without a fight if the board requests you to surrender your license. Do not try to appeal the board’s ruling or recommendation without the help of a lawyer.

License Denial

In addition to safeguarding your license, an attorney comes in handy if the board rejects your application. The board approves or rejects applications for practicing licenses based on different reasons. If the board denies you a license, an attorney can appeal. An attorney can also help you meet the board requirements to approve your license. Some of the reasons why the board denies license applications include the following:

  • Inadequate documentation.

  • Pending past criminal issues.

  • Failing to meet the exam requirements.

  • Failing to meet the education requirements.

Your attorney can help you meet all the requirements and gather the necessary paperwork to enable you to obtain a license.

License Reinstatement

If the board revokes your license, an attorney can help you to seek a license reinstatement. You can book a hearing to challenge the license revocation. During the hearing, your attorney will represent you and present mitigating evidence.

Find a Skilled License Defense Attorney Near Me

If the licensing board suspends, revokes, or denies you a vocational nursing or psychiatric technician license, an attorney can help. At the San Bernardino License Attorney, we represent clients facing all accusations, no matter how complex. We will go our way to defend you and obtain the best outcome for your case. Contact us at 909-966-4095 to speak to one of our attorneys.