California Psychiatric Technician 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 11,000 Psychiatric Technicians in the State of California. Most California Psychiatric Technicians have minimal or no contact with the enforcement arm of the California Board of Vocational Nursing and Psychiatric Technicians. For Psychiatric Technicians who become part of the California Board of Vocational Nursing and Psychiatric Technicians’ disciplinary process, the consequences are profound. The Psychiatric Technician License disciplinary process is complex, procedural and time consuming. Psychiatric Technicians facing the California Board of Vocational Nursing and Psychiatric Technicians disciplinary process should seek legal representation from an experienced California Psychiatric Technician 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 Psychiatric Technicians. 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 Psychiatric Technician facing a California Board of Vocational Nursing and Psychiatric Technicians investigation, contact a California Psychiatric Technician License Defense Attorney for representation.

California Psychiatric Technician License Accusation Defense Attorney

A formal Accusation served on a California Psychiatric Technician serves as notice to a Psychiatric Technician that the Board intends to revoke the Psychiatric Technician License. The Psychiatric Technician, 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 Psychiatric Technician. A Default will result in the immediate Revocation of the Psychiatric Technician License.

An Accusation is a serious matter that can result in the suspension or revocation of a Psychiatric Technician License in California. In many cases, it is possible for Psychiatric Technicians 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).

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

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

California Psychiatric Technician License and Criminal Convictions

The California Board of Vocational Nursing and Psychiatric Technicians can discipline Psychiatric Technicians 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 Psychiatric Technician. Common criminal offenses that can cause Psychiatric Technician License discipline are:

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

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

California Psychiatric Technician License Statement of Issues Attorney

The California Board of Vocational Nursing and Psychiatric Technicians thoroughly investigates all applicants for Psychiatric Technician Licenses. The California Board of Vocational Nursing and Psychiatric Technicians may deny a California Psychiatric Technician License to Psychiatric Technician students and Psychiatric Technicians from other states and countries. Most California Psychiatric Technician License denials occur due to criminal convictions, financial problems or misstatements on the Psychiatric Technician 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 Psychiatric Technician License should contact a California Psychiatric Technician License Denial Lawyer for representation in a California Board of Vocational Nursing and Psychiatric Technicians Statement of Issues Hearing.

California Psychiatric Technician Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Psychiatric Technicians who have received a Psychiatric Technician 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 Psychiatric Technician 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 Psychiatric Technician License Petition for Reinstatement requires representation by an experienced California Psychiatric Technician License Defense Attorney.