California Board of Registered Nursing Accusation in Los Angeles

California Board of Registered Nursing Accusation Defense Attorney in Los Angeles

An Accusation is one of the most frightening documents a Registered Nurse in Los Angeles can receive from the California Board of Registered Nursing. An Accusation seeks to revoke or suspend a Registered Nurse License. A Deputy Attorney General employed by the Attorney General’s Office represents the BRN in Accusation proceedings. The Deputy Attorney General assigned to the case prepares the Accusation. The Accusation contains the factual allegations that support the alleged Causes for Discipline. There are two main types of cases that lead to Accusations; criminal conviction referrals and Complaints.

Criminal Convictions and California BRN Accusation in Los Angeles

A criminal conviction is a common reason for the California Board of Registered Nursing to file an Accusation. Los Angeles Registered Nurses have an obligation to notify the California BRN of all criminal convictions within 30 days of conviction. The California BRN can file an Accusation against a Registered Nurse in Los Angeles for a conviction that is substantially related to the qualifications, functions and duties of a Registered Nurse. A criminal conviction is conclusive proof that the Los Angeles Registered Nurse committed acts that satisfy the elements of the crime for which the Registered Nurse has been convicted. The California Board of Registered Nurse may discipline a Registered Nurse in Los Angeles with a criminal conviction for the following offenses:

Complaints and California Board of Registered Nursing Accusation in Los Angeles

Complaints against Registered Nurses are made by patients and employers. The California BRN will conduct a Complaint Investigation. If the California Board of Registered Nursing believes that a disciplinary violation has occurred, the Board can file a disciplinary Accusation against the Los Angeles Registered Nurse. The California Board of Registered Nurse may discipline a Registered Nurse in Los Angeles for the following allegations:

Los Angeles Registered Nurse License Accusation Defense Attorney

The Los Angeles Registered Nurse, called a Respondent, has only 15 days from the date the Accusation was served (sent by the Board, not received by the Respondent) to file a Notice of Defense. The Notice of Defense is a fillable form submitted to the Deputy Attorney General assigned to the case. The failure to timely file a Notice of Defense can result in a Default against the Los Angeles Registered Nurse. This in turn can cause the revocation of a Registered Nurse License without a Hearing.

In some cases, the Registered Nurse in Los Angeles may reach a settlement with the California Board of Registered Nursing. A settlement is called a Stipulated Agreement. If a settlement does not occur, the case will proceed to a Hearing before the California Office of Administrative Hearings (OAH). An Administrative Law Judge presides over the Hearing and hears the evidence. Hearings are now held via Zoom. Previously, Hearings were held in Los Angeles, Oakland, Sacramento and San Diego. Previously, Hearings were also held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura.

The California Board of Registered Nursing must prove the Causes for Discipline in the Accusation by clear and convincing evidence. After the Hearing concludes, the Administrative Law Judge has 30 days to issue a written, Proposed Decision. The California Board of Registered Nursing then has up to 100 days to issue a Final Decision and Order. The Final Decision and Order can adopt, reject or modify the Proposed Decision. Contact a Los Angeles Registered Nurse License Defense Lawyer for representation in a California BRN Accusation proceeding.

California BRN Accusation Defense Lawyer in Los Angeles

The California Board of Registered Nursing’s mission is to protect the public. A common misconception held by Registered Nurses in Los Angeles is that when a Registered Nurse is the subject of a Complaint, the California Board of Registered Nursing is a neutral arbiter. Another often stated misconception is that the California Board of Registered Nursing exists to protect Los Angeles Registered Nurses. The California Board of Registered Nursing is a regulatory and enforcement agency charged with protecting the public. A California BRN Accusation is a serious matter can result in the following disciplinary results:

• Revocation
• Suspension
• Probation with terms and conditions
• Public Reproval
• Citation

For a Registered Nurse in Los Angeles with family and/or financial obligations, the prospect of a Registered Nurse License revocation is daunting. A suspension can also greatly impact the career of a Los Angeles Registered Nurse. While BRN Registered Nurse probation may be suitable for some Registered Nurses in Los Angeles, probation may not be suitable for other Registered Nurses. Probation terms and conditions can include the following terms and conditions:

• A requirement to live and work in California
• An inability to be a supervisor or Charge Nurse
• A requirement to have a direct workplace supervisor
• An inability to work in Home Health, as a Travel Nurse or on a Registry
• A requirement of biological fluid testing
• Other terms and conditions that may be burdensome to Registered Nurses

A Public Reproval is a notification to the public that a Registered Nurse has been disciplined. A Public Reproval may include a fine, the requirement to take additional classes and/or a similar condition. Similar to a Public Reproval, a Citation is a notification to the public that a Registered Nurse has been disciplined. A Citation may include a fine, the requirement to take additional classes and/or a similar condition. If you are a Registered Nurse facing a California BRN Accusation, contact a Los Angeles Registered Nurse License Defense Attorney for representation.