The foundation of the healthcare system is registered nurses. They provide vital treatment and act as patient advocates. On the other hand, charges of moral or legal violations could endanger their employment. It can be disastrous to lose your license since it will interfere with your ability to support yourself and your loved ones.

If you are a registered nurse in this situation, you should secure legal advice and representation immediately. A skilled professional license defense lawyer focusing on healthcare law is familiar with the legislation and nursing rules. We at Kern County License Attorney will help you navigate the legalities to clear your name. We will stand up for you throughout this trying time and fight nonstop to keep your license and practice intact. Do not wait. Addressing the allegations early on is essential to your nursing career.

Nurses and Their Integral Role in Healthcare

Registered nurses (RNs) are the foundation of contemporary healthcare. Their responsibilities go much beyond their first encounters with patients. Despite being many patients' initial point of contact, their scope of competence is wider.

RNs educate patients, assisting them in understanding wellness and health concepts and taking proactive steps to avert future medical problems. By encouraging proactive health management, this education lowers healthcare system expenses.

Additionally, nurses have a variety of skills that allow them to succeed in a range of environments. These include:

  • They are essential to rehabilitation because they enable patients to become independent again following disease or trauma.

  • Nurses give critically ill patients the vital care they need in emergency and critical care situations. Some are skilled in midwifery, caring for expectant mothers and their babies, or delivering anesthetics during surgery.

  • In the operating room, proficient surgical nurses support doctors, guaranteeing a hygienic atmosphere and seamless surgical processes.

  • While mental health nurses assist patients with mental health issues, pediatric nurses care for newborns and toddlers.

  • Home healthcare nurses provide essential care for elders in their homes as the number of elderly people rises.

There are situations where nurses perform duties that physicians typically perform. However, they are meant to operate under the supervision of physicians. Their patient counseling and education encourage early detection and preventative interventions, lessening the need for future, more expensive medical procedures.

Because they care for a wide range of patients, nurses could face legal action or even criminal and ethical accusations.

Several factors raise this risk. These include the following:

  • Nurses treat people from different backgrounds with a wide range of medical illnesses. Due to this diversity, there may be miscommunications, cultural conflicts, or inflated expectations from patients or their families. This could result in complaints.

  • The hectic and fast-paced nature of the healthcare industry can magnify small mistakes that, if misunderstood, might lead to charges of carelessness.

  • Volatile circumstances can also result from the emotional toll that illness or injury takes on patients and their families. Patients experiencing great emotional stress could act out or make irrational demands. The patient could mistake the unmet needs for wrongdoing on the nurse’s part.

  • Financial factors could make things much more difficult. The increasing expense of medical care could encourage certain individuals or families to file lawsuits to obtain financial compensation, even without a justifiable complaint.

Although most nurses provide excellent care and adhere to the highest ethical standards, being aware of these possible obstacles enables you to take preventative measures to reduce risk. Managing expectations and preventing misunderstandings requires open and honest communication with patients and their families.

Further, meticulously documenting patient care reduces the risk of misinterpretations and strengthens your defense in case of a complaint.

The California Board of Registered Nursing

The California Board of Registered Nursing (BRN) protects patient safety by overseeing registered nurses' (RNs') activities within the state. Its two main goals are to uphold ethical behavior and ensure nurses' qualifications.

In California, the BRN oversees the complete nursing licensure procedure. They:

  • Establish prerequisites for prospective nurses

  • Conduct the state's administration of the National Council Licensure Examination for Registered Nurses (NCLEX-RN) and

  • Grant and renew RN licenses

The BRN ensures that only individuals who fulfill the requirements can practice nursing in the state. However, the board does more than just grant licenses. The BRN is essential to preserving competent and moral nursing practice.

It looks at grievances brought against registered nurses. The BRN initiates disciplinary action in response to a complaint that discloses unethical activity or a breach of the Nursing Practice Act. It also maintains an open record of all nurse disciplinary actions, which encourages accountability and transparency in the field.

Some of the complaints the board handles include:

  • Unprofessional conduct — This is behavior that violates professional standards, for example, dishonesty, rudeness, or inappropriate interactions.

  • Gross negligence or incompetence — This refers to actions or omissions by a nurse that fall short of the expected standard of care and harm a patient.

  • License fraud — It is the false representation of qualifications or credentials on a nursing license application.

  • Misrepresentation — Giving incorrect or deceptive information regarding your training or experience as a nurse.

  • Mental illness or substance abuse — These conditions do not automatically disqualify a nurse from practice. However, they could result in disciplinary action if they make it unsafe for you to practice.

  • Engaging in unlicensed activity — Practicing nursing without a current license is a severe violation.

Despite receiving and acting on the above complaints, the board has limits. They regulate only registered nurses. Further, they cannot act on the following since they are not under their purview:

  • Conflicts between personalities — Any colleague disputes are best settled internally within the organization’s dispute resolution structure.

  • Concerns regarding other healthcare providers — The BRN alone oversees registered nurses. Contact the relevant licensing body if you have complaints against a physician, chiropractor, dentist, or other healthcare provider.

  • Fee or billing disputes and business practices — These disputes are handled through other legal channels, like courts, or the complainants raise these issues directly with the healthcare provider.

  • Facility-related concerns — The California Department of Public Health is the appropriate body to contact with complaints concerning hospitals, assisted living facilities, or other healthcare facilities.

What Happens When a Complaint is Filed Against You

Patient safety and moral behavior among registered nurses are top priorities for the state's Board of Registered Nursing. Their complaint process is designed to be both efficient and fair.

The process begins by acknowledging the complaint against you. The BRN will confirm they have received the complaint and start the formal procedure by delivering a written notification of receipt within ten days. This acknowledgment, though, does not imply a prompt investigation. Based on the complaint's seriousness, the BRN assigns a priority rating, with claims of severe negligence or patient abuse getting the highest priority.

After acknowledging the complaint, a qualified professional investigates it. This investigator could be a board-appointed nurse consultant with experience in healthcare or a representative of the Department of Consumer Affairs. The results of this investigation will dictate the course of action.

The board’s investigations are exhaustive. While the specifics of the procedure could vary from case to case, you can expect the following:

  • Examining the complaint closely — The investigator carefully considers the complaint, reviewing witness testimony, accounts, and any accompanying paperwork.

  • Information gathering — Investigators could contact you if they need further information or clarification on the complaint.

  • Review of medical records — The investigator could obtain pertinent medical records regarding the purported occurrence with your authorization.

  • Witness interviews — If feasible and appropriate, the investigator could speak with patients, nurses, or healthcare professionals who may know the circumstances.

  • Review of your records—The investigator will review your job history, disciplinary records, and license history.

  • Site visit — In certain exceptional circumstances, the investigator could visit the hospital where the incident occurred to obtain more details or reconstruct what happened.

After gathering all the information, the investigator examines it to see if sufficient evidence supports the claims. The complexity of the case could determine how long this process takes.

The board will close the case and notify you if the investigation finds no misconduct. The BRN could, however, take disciplinary action if they find a breach of the Nursing Practice Act. The type of proceeding depends on how serious the violation is. You could face:

  • A formal hearing, which is reserved for more significant violations or

  • An informal hearing mainly occurs in less serious cases

The BRN forwards complaints involving serious illegal activities or criminal behavior to the local district attorney to pursue possible legal action.

You do not have to worry about your case going public. The BRN keeps all information private during the investigations. This helps them preserve the investigation’s integrity and guarantee justice for you and the complaint. However, some information can be in the public record if disciplinary actions or criminal charges are brought. In addition, if the matter goes to this point, you could have to give witness testimony.

The Disciplinary Action the Board Could Take

Upon the completion of an inquiry by the California Board of Registered Nursing, nurses violating the Nursing Practice Act may be subject to various disciplinary actions. The particular penalties enforced by the BRN depend on the gravity of the infraction and any extenuating circumstances.

The BRN could decide on informal resolutions for minor infractions. These include mentorship to raise practice standards or educational initiatives to fill knowledge gaps. It is also possible to reprimand someone to emphasize how serious their behavior is. The main objective is to stop the behavior and avoid more problems.

Serious infractions result in official disciplinary action. There are several options available on the board, varying in intensity. Due to license limits, certain patient categories and work environments may not be available to nurses. Nurses may be subject to probationary periods during which they must complete specific requirements, such as more training or supervised practice.

In extreme circumstances, the board may suspend a nurse's license indefinitely, preventing them from working for a predetermined time. The most severe outcome is license revocation, which prevents the nurse from practicing nursing in California indefinitely.

The criminal justice system could also impact the BRN's choice. Nurses could also face further penalties if convicted of a crime and given a suspended or revoked license. This emphasizes the possibility of multiple repercussions for major infractions at the criminal and professional levels.

The board considers the nurse's disciplinary history, mitigating circumstances, and the seriousness of the violation when deciding on the best course of action. Legal advice can be very helpful in managing these complications.

Does The California Board of Registered Nursing Require Disclosing Past Offenses When You Apply for a Nursing License?

The board requires new applicants and license renewal applicants to disclose any prior convictions. The criminal past is no longer a direct question on the application form. However, you have to be transparent. Be ready to honestly answer any questions the board could ask during the application process. Expect the board to conduct a background check.

You must voluntarily disclose any disciplinary actions or criminal convictions after your last license renewal. This inclusive criterion applies to convictions from any jurisdiction, including foreign nations, U.S. territories, military tribunals, and other states.

The BRN takes a comprehensive approach. Pleas of no contest and convictions set aside or delayed under specific Penal Code provisions (1000 or 1203.4) are included in the definition of "conviction". Minor offenses under $1,000, however, are typically not included.

Further, get ready to supply the following for each recorded conviction or disciplinary measure:

  • Detailed justification — Send a document detailing the events that led to the arrests and convictions. Provide specifics, including the time and place of the arrest, the agency that made the arrest, the court's jurisdiction, and the terms of the sentence (fines, classes, counseling, restitution, probation, parole, community work, and jail/prison time).

  • Supporting documents — Compile pertinent records on the arrest and the court case. Examples include various court filings (charges, indictments, plea deals, sentencing orders, probation orders, judgments), police reports, booking reports, complaints, citations, and dismissal or discharge records.

  • Evidence of mitigation — Provide supporting paperwork or an explanation of any rehabilitative efforts or circumstances that may have lessened the conviction, if appropriate.

There are severe repercussions for not disclosing prior convictions, like suspension, denial of a license, or revocation.

Find a Professional License Defense Attorney Near Me

The nursing profession in California offers a distinctive environment that blends a wealth of opportunities with enduring problems. Due to required nurse-to-patient ratios and an increasing patient population, there is a significant demand for competent nurses. Despite initiatives to keep existing nurses and recruit new ones, the nursing profession faces formidable obstacles.

Nurses subject to disciplinary action due to allegations should understand their legal rights. California offers strong legal safeguards for licensed professions. Seeking the advice of an experienced lawyer with experience in license defense can be very helpful. You should seek help in this difficult situation.

At Kern County License Attorney, we understand this difficulty and are ready to protect your rights and ensure your nursing career stays on course. Call us at 805-702-8560.