As a nurse, your California nursing license might be your most valuable asset, and losing it can have serious consequences for your career and your life. If you’re facing an investigation or have received an accusation, understanding the process and your options can help you act quickly to recover. Be aware of the common reasons nurses lose their licenses in California and how to get help if it happens to you. If your nursing license is under threat, consider reaching out to a compassionate California professional license defense lawyer for assistance in protecting your rights and navigating the legal process.
Mistakes in Patient Care
Nurses maintain a high standard of care, and as healthcare professionals, they do what they can to make sure that standard is met for every patient. However, mistakes can happen, and when they do, they can have serious consequences. Medical errors that may lead to investigations can occur in many areas, including:
- Medication administration
- Handling of medical complications
- Documentation accuracy
- Testing process
- Physical examinations
- Patient assessments
Failure To Complete Continuing Education
In California, nurses have to complete 30 contact hours of continuing education every two years to maintain active license status. These courses must be related to the medical knowledge or technical skills nurses require and patient care. Failure to complete the appropriate amount of continuing education accredited by the Board of Registered Nursing could lead to suspension or loss of your nursing license.
HIPAA Violations
Keeping patient information private and confidential is a key aspect of patient care. Breaches are serious and may lead to losing your nursing license. Some ways nurses might violate HIPAA include not taking appropriate training in compliance, denying or delaying patient access to medical records, or discussing patient information in careless or irresponsible ways.
Inappropriate Internet Activity
With the prevalence of social media and similar internet sites, it’s common to share aspects of your job. When these internet posts violate patient privacy, such as photos or videos of a patient, it can be a serious offense. Other kinds of posts that might lead to an investigation include promoting health care services, taking a position on a controversial medical topic, disparaging health care services, or showing a nurse in an unprofessional situation.
Not Paying State Taxes
Some nurses in California can have their nursing license suspended or renewal denied for not paying their state taxes. Nurses typically have a specific amount of time to pay their outstanding taxes or set up payment installations once they receive a preliminary notice of suspension. If they do not meet these obligations within the given timeframe, they may have their license suspended or denied until the state sends a release to the licensing board.
Acting Outside the Scope of Your License
Because nurses are so integral to health care, they often learn a lot about medical care, and that knowledge can make it easy to act outside their scope of practice, such as prescribing medication or interpreting test results. It’s important to remember what your license does and does not allow you to do in regard to patient care to protect yourself and your patients.
Professional Misconduct
One of the most common reasons a nurse can lose their license is due to an accusation of professional misconduct, dereliction of duty, incompetence, or gross negligence. These accusations can come from patients, employers, coworkers, or anyone a nurse comes in contact with while they are working. Examples of professional misconduct include being intoxicated at work or accepting valuable gifts from patients.
Criminal Activity Outside of Work
Nurses can also lose their license if they are arrested or convicted of a crime outside of work. This includes participating in criminal activity while you’re licensed and failing to report previous convictions to the licensing board. Any drug- or alcohol-related conviction may be considered grounds for revoking your license.
Drug Diversion
Drug diversion occurs when medications and controlled substances are handled inappropriately. This might include stealing, failure to waste, or improper documentation. Medications like fentanyl, hydrocodone, and codeine are commonly diverted, and there are serious consequences for this act, including job termination and even a criminal conviction.
You worked hard for your license, and if you’re facing an investigation or accusation, it can be overwhelming. You should consult with a qualified California nursing license defense lawyer to protect your nursing license and your career.
FAQs About California Nurse Law
Q: Can Nurses Diagnose Patients in California?
A: In California, nurse practitioners can diagnose patients, but registered nurses cannot. Nurse practitioners can also perform physical exams, order tests, and prescribe medication. A registered nurse can assess symptoms, identify potential nursing diagnoses based on those symptoms, and report their findings to a doctor for diagnosis. If a registered nurse diagnoses a patient, it is considered out of their scope of practice.
Q: What Is the Process for Complaints About Nurses in California?
A: The California Board of Registered Nursing handles complaints related to nursing regulations. Complaints can be filed by patients, other nurses, physicians, law enforcement, families of patients, or other agencies. The complaint is investigated, and if warranted, formal disciplinary proceedings are scheduled. If the complaint is found to be unsubstantiated, the case is closed.
Q: What Other Kinds of Discipline Can a Nurse Face?
A: Nurses can face several kinds of discipline other than revoking their nursing license. Some other penalties might include fines, temporary suspension, denial of renewal for their license, probation, public reprimand, or in some cases, criminal conviction. The penalty depends on the severity of the actions, the harm it caused the patient, whether the nurse has previous complaints or convictions, and any mitigating factors.
Q: Can a Nurse Go to Jail for Drug Diversion in California?
A: Yes, in some situations, a nurse can go to jail for drug diversion in California. Drug diversion can be a felony and may result in criminal prosecution in addition to the loss of their nursing license. This is only likely when the case shows evidence of criminal activity as opposed to something more minor, like messy record-keeping.
Contact Century Law Group, LLP
Century Law Group, LLP has been focused on helping clients defend their professional licenses throughout California since 2002. If you’re facing an accusation or have received a notice of suspension, your first step is to contact a qualified California nursing license defense lawyer. Our attorneys can help you navigate the proceedings and be prepared so you can preserve your license. Contact our office right away to discuss your options.