California Registered Nurse License Defense Attorney

California Board of Registered Nursing License Defense Lawyer

The California Board of Registered Nursing, known as the BRN, licenses approximately 300,000 Registered Nurses in the State of California. Most California Registered Nurses have minimal or no contact with the enforcement arm of the California Board of Registered Nursing. For Registered Nurses who become part of the California Board of Registered Nursing’s disciplinary process, the consequences are profound. The Registered Nurse License disciplinary process is complex, procedural and time consuming. Registered Nurses facing the California Board of Registered Nursing disciplinary process should seek legal representation from an experienced California Registered Nurse License Defense Attorney.

California Board of Registered Nursing Investigation Defense Lawyer

The majority of California Board of Registered Nursing investigations begin with the filing of a consumer Complaint. However, California Board of Registered Nursing Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Registered Nursing 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 Registered 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 Registered Nursing disciplinary process. At the conclusion of a California Board of Registered Nursing 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 Registered Nurse facing a California Board of Registered Nursing investigation, contact a California Registered Nurse License Defense Attorney for representation.

California Registered Nurse License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Registered Nurse License in California. In many cases, it is possible for Registered Nurses to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Registered Nursing. 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).

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

California Registered 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 Registered Nursing can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Registered Nursing’s 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 Registered 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 Registered 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 Registered Nurses facing a California Board of Registered Nursing Administrative Law Hearing need effective representation from a California Registered Nurse License Defense Lawyer.

California Registered Nurse License and Criminal Convictions

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

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

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

California Registered Nurse License Statement of Issues Attorney

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

California Registered Nurse Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Registered Nurses who have received a Registered 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 Registered Nurse License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Registered Nursing. A successful Registered Nurse License Petition for Reinstatement requires representation by an experienced California Registered Nurse License Defense Attorney.