Vocational nurses and psychiatric technicians must hold professional licenses to practice in California. The California Board of Vocational Nursing (BVN) is the regulating agency responsible for issuing these licenses and disciplining vocational nurses accused of professional misconduct.

Having your professional nursing or psychiatric technician license under investigation or facing potential disciplinary action can be highly stressful and terrifying. Your career and livelihood are on the line. But you do not have to face it alone. Having a skilled, license defense attorney by your side can make a difference. At the Kern County License Attorney, we have experienced attorneys who can help you safeguard your professional license.

Dealing With Patients Can Be Challenging

Working with patients as a vocational nurse or psychiatric technician is often exhausting. Sometimes, you cannot meet the patient's expectations. A complaint or accusation of misconduct could result in a citation, professional license suspension, or revocation. This poses a threat to your career. You must move quickly to defend your profession and source of revenue.

Any disciplinary action taken by the board, no matter how minor, might turn into a public record that potential employers and clients can view. A negative record can cast doubt on your integrity. The board can cancel your license, thus terminating your career. A professional license attorney can help you defend any claims against you and safeguard your license.

The Crucial Roles Vocational Nurses Play

Patients expect compassionate treatment from vocational nurses in a variety of situations. As a vocational nurse, your tasks can include caring for patients and monitoring their health in nursing homes, hospitals, or at home.

Vocational nurses have critical obligations that can include:

  • Monitoring and documenting patients' vital signs.

  • Monitoring and taking care of individuals who have chronic illnesses.

  • Documenting the progression of patients

  • Operating intravenous equipment and machines

  • Administering drugs and treatments

  • Caring for and treating wounds

As a vocational nurse, your responsibilities are essential and on-demand. Starting your vocational nursing career requires extensive training and knowledge and overcoming various challenges. In addition, it takes a long time to complete the requirements, not to mention the enormous costs involved.

Regardless of the significant investment, a minor error or a complaint from an unhappy patient with unreasonable expectations or false claims might jeopardize your career. Luckily, you can fight for your professional license and livelihood with the help of a competent license attorney. If you face accusations of professional misconduct, the law states that you have the right to defend yourself against any disciplinary action imposed by the board. Without aggressive legal defense, you risk losing your license and livelihood.

The Crucial Services Offered By Psychiatric Technicians

Psychiatric technicians' tasks are comparable but not identical to those of vocational nurses. Typically, psychiatric technicians handle emotional or mental ailments, whereas vocational nurses care for patients suffering from conventional medical conditions. A professional license is a mandatory requirement for psychiatric technicians to work in healthcare facilities that deal with mental health issues.

A psychiatric technician can also be involved in a patient's rehabilitation or treatment program. Psychiatric technicians are occasionally assigned non-mental health jobs. These activities include assisting patients with personal care, grooming, and providing medications or injections.

You will want to be the most caring psychiatric technician as you perform your duties. However, you are human and can make mistakes or fail to please some patients. When you are tired, keeping an eye on your patients is challenging. You might not be aware of what your patients think when dissatisfied with your services. This implies you can use numerous care strategies for your patient that you are confident will work, but the patient is entitled to independent decisions.

Your patient's perception or independent decisions can impact the treatment plan and the predicted outcomes. Psychiatric technicians, like vocational nurses, face a high number of complaints and lawsuits as a result of their employment. Fortunately, you can fight any claims made against you with the help of an attorney.

The California Board Of Vocational Nursing & Psychiatric Technicians

The board is responsible for awarding professional licenses to qualifying vocational nurses and psychiatric technicians. Applicants must meet stringent requirements to be considered for one of these licenses. Furthermore, the board safeguards the public from unethical behavior by healthcare providers.

Patients and their families can submit concerns through the official board website or email. The board evaluates every complaint, and those deemed legitimate are investigated. If the board discovers misconduct during its investigation, various disciplinary procedures can be taken.

This demonstrates that the board's job is to safeguard the public from unfair conduct by vocational nurses or technicians. As the board strives to maintain high standards in the industry, the professionals are left vulnerable to countless lawsuits without recourse. The fair thing to do would be to safeguard the public from unfair practices while safeguarding vocational nurses and psychiatric technicians.

Because of its lofty purpose to safeguard the public, the licensing board sometimes trusts unfounded claims against vocational nurses or psychiatric technicians.  Misunderstandings are common among patients and their caregivers, and false allegations against medical professionals are also common. Numerous invalid or inflated allegations exist, just as valid ones.

The Common Allegations Against Vocational Nurses And Psychiatric Technicians

Some of the common allegations brought against vocational nurses and psychiatric technicians include the following:

  1. The Use Of Controlled Substances

You can face disciplinary action for the use or abuse of a controlled substance or committing any other drug-related offense. A valid complaint can be filed alleging that you used these substances unlawfully or sold them to your patients or the public. If proven, drug claims are a serious allegation that can lead to incarceration, not to mention the loss of your professional license.

However, these charges could be false. A patient who is dissatisfied with your services could file false charges. The patient can allege that you provide controlled medications to treat their ailments. A co-worker or any other person could write to the board, claiming that you have engaged in misconduct associated with controlled substances.

  1. Unprofessional Conduct 

A patient could accuse you of being unprofessional when delivering service or in your conduct. For example, if you care for a patient at their house, you can borrow money or items of value from them. This can count as unprofessional conduct that could jeopardize your career. 

  1. Deviating From Professional Standards 

A patient or their loved ones might believe that you deviated from the standard method of taking care of a patient. If they think you are employing treatment programs that are not part of the agreed-upon plan, you could lose your license or face other disciplinary action.

  1. A Criminal Conviction On Your Record 

Medical professionals are humans and can face criminal allegations that end in felony or misdemeanor charges. If the sentence relates to or affects your qualifications and duties, it will likely harm your career. For example, if you have a criminal conviction for drug use or elder abuse, it is relevant to your profession and can result in the loss of your professional license.

  1. Ordinary Negligence, Gross Negligence, Or Incompetence 

Looking after patients is not an easy task. Even minor errors can cost patients their lives or cause significant harm. If you make an error, you could face negligence claims for your obligations.

  1. License Probation Terms Violation

Certain patient complaints could result in the board placing you on probation for some time. You could be barred from practicing during your probationary period. You might be tempted to continue practicing, hoping the board will not find out because you require money. If you do this and the board finds out, your license can be permanently revoked.

  1. Fraudulent Or Dishonest Behavior

A patient can claim that you charged them for more hours than the services you offered. Another issue might be falsifying a prescription to obtain medications for the patient. These actions are fraudulent and can lead to disciplinary proceedings against you.

  1. Physical or Sexual Abuse

A patient could accuse you of assaulting them physically or sexually. These are significant allegations that, if not defended, might result in the suspension of your professional license.

If any of these complaints are against you, the board will investigate. Depending on its findings, the board will impose appropriate disciplinary penalties. However, as previously said, you can fight against any of these claims with the assistance of a licensed attorney. An attorney is your best bet for avoiding harsh disciplinary measures or legal fines.

License Investigation and Discipline

In California, the Board of Vocational Nursing and Psychiatric Technicians, abbreviated as BVNPT, is in charge of licensing and disciplining vocational nurses and psychiatric technicians. The board also oversees the programs that train them. When the BVNPT receives a complaint from a patient or other party or learns about an alleged misbehavior, it will initiate an investigation. Investigations can result in formal disciplinary action if the board finds sufficient reasons.

The disciplinary process includes multiple steps:

  • Complaint and investigation — This is the first step whereby the board receives a complaint against you or other information that can trigger an investigation. The board assigns an investigator and tasks them to acquire information.

  • Statement of issues — The licensing board can issue a Statement of Issues depending on whether the investigation reveals sufficient evidence. This statement is a charging document that outlines the allegations leveled against you.

  • Accusation — If no settlement is achieved following the Statement of Issues, the board will issue a formal accusation. This commences the disciplinary hearing procedure. 

  • Administrative Hearing — During this hearing, an administrative law judge reviews the evidence and proposes a ruling on whether the accusation should be upheld. You have a right to provide a defense. 

  • Board decision — After reviewing the proposed decision, the board may adopt, reject, or alter it. If the board sustains the accusation, it will impose discipline. 

  • Appeal — You could appeal the board's ruling to a superior court, the court of appeals, or the California Supreme Court. 

The entire process could take months or years. Having an experienced attorney ensures that your rights are safeguarded at every stage.

Why You Need A License Defense Attorney

Are you undergoing a license investigation or disciplinary action? A license defense attorney can be of great assistance. Here is how license attorneys support clients: 

  • Guide you through the legal process —The discipline process can be intimidating. An attorney will break it down into manageable steps and offer expert advice at every stage.

  • Independent investigation — Your attorney will thoroughly examine the claims and gather evidence, witness testimony, and documents to create the most vigorous possible defense.

  • Negotiating with the licensing board — An attorney will work to reach a fair settlement whenever possible to minimize the potential for professional discipline. If settlement talks do not prevail, an attorney will fiercely defend you during the hearing.

  • Presenting your legal defense — During the administrative hearing, your attorney will present your legal defense, cross-examine witnesses, challenge evidence, and work to have your charges dismissed or reduced.

  • Appealing if required — If the verdict is adverse, an attorney will advise you on the best grounds for appeal and represent you throughout the procedure. 

  • Ensuring compliance — If the board imposes professional discipline, your attorney will ensure you understand and follow all probation and license reinstatement requirements.

An experienced license defense attorney levels the playing field and upholds your rights and interests.

Factors The Licensing Board Considers When Imposing Professional Discipline

When imposing professional discipline, the licensing board considers several factors:

  • The nature and severity of the offense you commit,

  • Whether a patient suffered harm due to your actions,

  • The extent of harm the patient suffered,

  • Whether you have past violations on your record,

  • Whether you have a significant criminal conviction on your record,

  • If you have committed a single or multiple violations,

  • The presence of aggravating or mitigating factors,

  • If there is evidence of rehabilitation,

  • Whether you are likely to commit a subsequent violation

  • If you cooperate with the board during the

Find an Experienced Professional License Defense Attorney Near Me

If you are undergoing a board investigation or your professional license is at risk, you need a competent attorney. At the Kern County License Attorney, we have experienced attorneys who can help you through board investigations and formal accusations and defend your rights. It does not matter how severe the allegations against you are. You can always count on our unwavering support. Our attorneys have the expertise and experience to achieve a favorable outcome for your case. We have helped many professionals defend their professional licenses and achieved favorable outcomes. Our attorneys go out of their way to achieve the best possible outcomes for our clients. Contact us at 805-702-8560 to speak to one of our attorneys.