California Nursing License Defense Attorneys
If you are seeking licensure or are a California nurse who has received notice that your license or professional conduct has been called into question, contacting a professional licensing attorney before you speak with investigators or nursing board examiners can make all the difference in the outcome of your case.
While you may think that independent legal counsel is unnecessary to defend your license, the assistance of an attorney with demonstrated experience in this highly specialized area can mean the difference between acquittal and the suspension or revocation of your nursing license.
We represent nurses, nurse’s aides, nurse practitioners, nurse midwives and vocational nurses throughout California facing disciplinary actions and other matters of professional nursing before the Board of Registered Nursing (BRN), Board of Vocational Nursing, and the Office of Administrative Hearings.
Representation Before The Board of Registered Nursing And Other Administrative Authorities
The California Board of Registered Nursing (BRN) has the authority to investigate any claims brought by any individual who suspects that the licensee is engaged in illegal activities related to his or her professional responsibilities. This could include allegations of:
- Gross negligence/negligent care of patients
- Incompetence/unlicensed activity
- Nursing malpractice
- Disruptive or unprofessional behavior
- Substance abuse
- Alleged fraudulent activity
We will help you draft a formal response to a BRN inquiry so as to prevent the disclosure of unnecessary information and thereby hopefully avoid further investigation. Should investigations proceed, however, we provide proactive representation throughout disciplinary proceedings, seeking resolutions that protect your rights, your professional license and most importantly, your reputation.
Nursing License Admission And Reinstatement
In addition to nursing license defense, our firm provides consulting services for nurses seeking admission to the BRN as well as other professional nursing boards such as the Board of Vocational Nursing.
We also represent those seeking reinstatement for a lapsed California nursing license or following rehabilitation that resulted from past license revocation/disciplinary actions. In addition to general counsel on application and reinstatement requirements, we will represent clients in any additional review that may be required by the BRN or relevant nursing board.
Nursing Standard of Care Violations
Let’s look at nursing standard of care violations and the breadth that they cover in the nursing profession. We explore the complaint and disciplinary process, as well as what you can do to defend yourself in administrative proceedings pertaining to your California nursing license.
Complaint and Disciplinary Process
Anyone who believes that a nurse has engaged in actions that violate the standards of care can file a complaint with the Board of Registered Nursing. At that time, the Board will review the complaint and investigate it if the allegations, if true, would constitute a violation of the Nursing Practice Act. If after an investigation the Board determines that the allegations are substantiated, then formal disciplinary proceedings will be initiated. Once you receive notice that a formal accusation has been made against you, you need to make sure that you file a notice of defense in a quick fashion.
During an administrative proceeding to address whether disciplinary action is warranted, the Board will assess a number of factors. Amongst them are:
- The severity of the actions
- The harm caused to the patient, if any
- Any history of prior discipline
- Any history of prior standard of care violations
- Any existing criminal record
- Any mitigating factors
Remember, you still have power during these proceedings. You have the ability to stipulate to disciplinary action, if you feel that doing so is in your best interests, or you can try to present as much evidence as possible to convince an administrative law judge that your discipline should be light.
Defending against a standard of care complaint
The best way to defend yourself, though, is to be proactive once a complaint has been filed against you. That’s why it’s oftentimes best to secure legal assistance in these matters from the get-go. Don’t assume that doing so will make you look guilty. It won’t. Instead, having an attorney on your side can help you work with investigators to explain the circumstances surrounding the incident in question to show that a simple mistake was made that didn’t rise to the level of a standard of care violation. Evidence of mitigating factors and corrective rehabilitative action on your part can go a long way, too.
Protect your California nursing license
There’s a lot at stake in your case. That’s why you can’t sit back and wait to see what will happen. If you do so, then you could end up facing swift disciplinary action that includes license suspension or revocation. As scary as that may sound, you should take comfort knowing that aggressive attorneys like those at our firm stand ready to help you fight to protect your interests and your future. If you’d like to learn more about what our firm has to offer, then please continue to read our blog and contact us today to schedule a free consultation with our licensing attorneys.
