15260 Ventura Blvd. Suite 1200 Sherman Oaks, Los Angeles, CA 91403 | (818) 570-0836 | (510) 852-9296
sweinsteinlaw@gmail.com

California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Licensed Vocational Nurse License Defense Attorney

California Board of Vocational Nursing and Psychiatric Technicians License Defense Lawyer

The California Board of Vocational Nursing and Psychiatric Technicians, known as the BVNPT, licenses approximately 130,000 Licensed Vocational Nurses, or LVNs, in the State of California. Most California Licensed Vocational Nurses have minimal or no contact with the enforcement arm of the California Board of Vocational Nursing and Psychiatric Technicians. For Licensed Vocational Nurses who become part of the California Board of Vocational Nursing and Psychiatric Technicians’ disciplinary process, the consequences are profound. The Licensed Vocational Nurse License disciplinary process is complex, procedural and time consuming. Licensed Vocational Nurses facing the California Board of Vocational Nursing and Psychiatric Technicians disciplinary process should seek legal representation from an experienced California Licensed Vocational Nurse License Defense Attorney.

California Board of Vocational Nursing and Psychiatric Technicians Investigation Defense Lawyer

The majority of California Board of Vocational Nursing and Psychiatric Technicians investigations begin with the filing of a consumer Complaint. However, California Board of Vocational Nursing and Psychiatric Technicians Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Vocational Nursing and Psychiatric Technicians utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Licensed Vocational Nurses. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Vocational Nursing and Psychiatric Technicians disciplinary process. At the conclusion of a California Board of Vocational Nursing and Psychiatric Technicians investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Licensed Vocational Nurse facing a California Board of Vocational Nursing and Psychiatric Technicians investigation, contact a California Licensed Vocational Nurse License Defense Attorney for representation.

California Licensed Vocational Nurse License Accusation Defense Attorney

A formal Accusation served on a California Licensed Vocational Nurse serves as notice to a Licensed Vocational Nurse that the Board intends to revoke the Licensed Vocational Nurse License. The Licensed Vocational Nurse, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Licensed Vocational Nurse. A Default will result in the immediate Revocation of the Licensed Vocational Nurse License.

An Accusation is a serious matter that can result in the suspension or revocation of a Licensed Vocational Nurse License in California. In many cases, it is possible for Licensed Vocational Nurses to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Vocational Nursing and Psychiatric Technicians. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Licensed Vocational Nurses facing a California Board of Vocational Nursing and Psychiatric Technicians Accusation should contact an experienced California Licensed Vocational Nurse License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Licensed Vocational Nurses include:

  • Aiding and Abetting Unlicensed Practice of Vocational Nursing
  • Assisting Physician to Violate Medical Practice Act
  • Assisting With Criminal Abortion
  • Dangerous Use of Alcohol
  • Elder Abuse
  • Excessive Force Against a Patient
  • Failure to Maintain Patient Confidentiality
  • Failure to Report Child Abuse
  • Failure to Report Elder Abuse
  • False or Misleading Advertising
  • Gross Negligence
  • Illegal Use of Controlled Substances
  • Incompetence
  • Knowing Failure to Follow Infection Control Guidelines
  • Mistreatment of a Patient
  • Patient Abuse
  • Practicing Medicine
  • Sexual Misconduct Related to Patient
  • Unprofessional Conduct
  • Use of Dangerous Drugs

California Licensed Vocational Nurse License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Vocational Nursing and Psychiatric Technicians can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Vocational Nursing and Psychiatric Technicians’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Licensed Vocational Nurse to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Licensed Vocational Nurse can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Licensed Vocational Nurses facing a California Board of Vocational Nursing and Psychiatric Technicians Administrative Law Hearing need effective representation from a California Licensed Vocational Nurse License Defense Lawyer.

California Licensed Vocational Nurse License and Criminal Convictions

The California Board of Vocational Nursing and Psychiatric Technicians can discipline Licensed Vocational Nurses for criminal convictions. California Board of Vocational Nursing and Psychiatric Technicians discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Licensed Vocational Nurse. Common criminal offenses that can cause Licensed Vocational Nurse License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Board of Vocational Nursing and Psychiatric Technicians and other law enforcement agencies also investigate criminal conduct by Licensed Vocational Nurses in the course and scope of their practice. Criminal investigations often involve Licensed Vocational Nurses engaged in Diversion of Narcotics, Prescription Pill Fraud, Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Licensed Vocational Nurses pending in Criminal Court, the California Board of Vocational Nursing and Psychiatric Technicians and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Licensed Vocational Nurse. A California Penal Code § 23 Order seeks to suspend a Licensed Vocational Nurse License in Criminal Court.

Licensed Vocational Nurses facing criminal charges and Licensed Vocational Nurses who are convicted of criminal offenses need an experienced California Licensed Vocational Nurse License Defense Attorney for representation in disciplinary proceedings before the California Board of Vocational Nursing and Psychiatric Technicians.

California Licensed Vocational Nurse License Statement of Issues Attorney

The California Board of Vocational Nursing and Psychiatric Technicians thoroughly investigates all applicants for Licensed Vocational Nurse Licenses. The California Board of Vocational Nursing and Psychiatric Technicians may deny a California Licensed Vocational Nurse License to Licensed Vocational Nurse students and Licensed Vocational Nurses from other states and countries. Most California Licensed Vocational Nurse License denials occur due to criminal convictions, financial problems or misstatements on the Licensed Vocational Nurse License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Licensed Vocational Nurse License should contact a California Licensed Vocational Nurse License Denial Lawyer for representation in a California Board of Vocational Nursing and Psychiatric Technicians Statement of Issues Hearing.

California Licensed Vocational Nurse Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensed Vocational Nurses who have received a Licensed Vocational Nurse License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Licensed Vocational Nurse License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Vocational Nursing and Psychiatric Technicians. A successful Licensed Vocational Nurse License Petition for Reinstatement requires representation by an experienced California Licensed Vocational Nurse License Defense Attorney.