California Nurse License Defense Lawyer

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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. A knowledgeable California nurse license defense lawyer can help fight to protect your professional interests and your future.

Best California Nurse License Defense Lawyer

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.

Potential Costs to Defend a Nursing License

There are several potential costs to defend your nursing license, including paying:

Board of Nursing fines and investigation costs
Administrative hearing costs
Attorney fees
Loss of income, if your employer takes employment action
Compliance with any probation terms, like a treatment program

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.

FAQs

Q: Is a Formal Accusation Against My Nursing License Public?

A: Once the Attorney General of California files a Formal Accusation against your nursing license, it becomes a public record and part of the state nursing board’s website. With a Formal Accusation, you typically have fifteen (15) days to respond, or you risk losing your license through a default determination.

Accusations can be devastating, and an experienced California nursing license lawyer can be invaluable. An attorney can start negotiating with the Attorney General’s Office and preparing for administrative hearings.

Q: What Is a ‘Default Decision’?

A: Once a Formal Accusation is served, if a nurse fails to respond, provide a notice of defense, or attend an Administrative Hearing, all charges are deemed truthful regardless of their actual merit. The default decision usually results in the nursing license being revoked. This would be an unfortunate outcome following a Formal Accusation. Independent legal counsel can discuss the response process with you and help avoid a default decision being entered against you.

Q: What Are Common Causes of Nurse Disciplinary Action in California?

A: For California nurses with existing licenses, some of the more common reasons for disciplinary action include:

DUI, substance abuse, or drug deviation
Unprofessional conduct
Incompetence or gross negligence
Violations of the Nursing Practice Act
Violations of the nursing standard of care
False accusations and patient complaints
Problematic record-keeping
Criminal arrests or criminal convictions

An attorney can discuss your disciplinary action and any applicable defenses specific to your case.

Q: How Is California Penal Code 23 Applicable to Licensed Nurses?

A: During a criminal proceeding, under California Penal Code Section 23, a judge might order that a nursing licensee be suspended from working as a licensed/registered nurse or restricted in the manner that they may practice registered nursing.

With so much at risk, consulting an experienced attorney with success handling cases like yours is important. An attorney can identify any weaknesses in a nursing case and discuss how to overcome the allegations detailed in a Formal Accusation.

Contact a California Attorney With Experience Successfully Handling Nursing Licensure Matters

If you are facing any nursing licensure matter, contact a professional licensing attorney at our office as early as possible to discuss your circumstances and protect your professional license and career. An attorney from Century Law Group, LLP, can make a difference in the outcome and investigation of your nursing license.

You take time to care for your patients, now let us take time to take care of your license. An experienced attorney can help keep you out of court and get you back to work with your patients. Contact our office right away to set up an initial consultation or discuss any important questions you may have.

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