Nursing License Defense Attorney Serving Los Angeles, CA

Nurse Practitioners, Registered Nurses

CALIFORNIA REGISTERED NURSES AND NURSE PRACTITIONERS

A California Board of Registered Nursing investigation can be triggered by an arrest or criminal conviction, a patient complaint, or a report by an employer alleging unprofessional conduct or a violation of The Nursing

Practices Act.

A Nurse That Needs Nursing License Defense Near Los Angeles, CA

INVESTIGATIONS

Regardless of how the Board's interest is triggered, potential disciplinary proceedings always start with an investigation. Often a nurse will first be alerted to the Board's interest in him or her after receiving a letter from the Board offering "Diversion." Other times, a Nurse or Nurse Practitioner may receive a call from an investigator acting on behalf of the California Board of Registered Nursing or even the Drug Enforcement Administration. Remember, investigators, no matter how friendly, are not your friend. Use your right to remain silent and Call Spiga and Associates immediately.

LITIGATION

After the investigative phase, the BRN will make a decision on whether to impose discipline. Generally, discipline takes three initial forms, 1) a Citation, 2) a Public Reprimand or 3) an Accusation. Citations and Public Reprimands are minor forms of discipline, however, an Accusation is a more serious form of discipline that can lead to revocation of a nursing license. Spiga and Associates possess the skills necessary to defend you and preserve your license to practice your profession. Should you find yourself under investigation or facing discipline, contact our office. We are here to help you!

CRIMINAL OFFENSES

If you are convicted or charged with a crime, our office is specifically designed to help you. There is no firm with more criminal defense experience than Spiga and Associates. We specifically design our criminal defense to take into account professional licensing issues in front of the Board of Registered Nursing. If you have been arrested or charged with a crime call us now.

Below are laws regarding the practice of nursing in the state of California.

Grounds for Discipline

California Business and Professions Code section 2750 gives the Board the authority to discipline licensees for misconduct under the Nursing Practice Act. Section 2761 provides the grounds on which disciplinary action may be taken against a nurse or applicant:

(a) Unprofessional conduct, which includes, but is not limited to, the following:
Incompetence, or gross negligence in carrying out usual certified or licensed nursing functions.
A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event the record of conviction shall be conclusive evidence thereof.

The use of advertising relating to nursing which violates Section 17500.

Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license or certificate by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action.

(b) Procuring his or her certificate or license by fraud, misrepresentation, or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing, or offering to procure or assist at a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of this chapter or regulations adopted pursuant to it.
(e) Making or giving any false statement or information in connection with the application for issuance of a certificate or license.
(f) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of a registered nurse, in which event the record of the conviction shall be conclusive evidence thereof.
(g) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a certificate or license.
(h) Impersonating another certified or licensed practitioner, or permitting or allowing another person to use his or her certificate or license for the purpose of nursing the sick or afflicted.
(i) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of, or arranging for, a violation of any of the provisions of Article 12 (commencing with Section 2220) of Chapter 5.
(j) Holding oneself out to the public or to any practitioner of the healing arts as a "nurse practitioner" or as meeting the standards established by the board for a nurse practitioner unless meeting the standards established by the board pursuant to Article 8 (commencing with Section 2834) or holding oneself out to the public as being certified by the board as a nurse anesthetist, nurse midwife, clinical nurse specialist, or public health nurse unless the person is at the time so certified by the board.
(k) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensed or certified nurse to patient, from patient to patient, and from patient to licensed or certified nurse. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Health Services developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300), Division 5, Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the Board of Podiatric Medicine, the Dental Board of California, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.

“Substantial Relation” to Nursing Profession

Section 2765 defines “conviction,” for purposes of discipline as a plea or verdict of guilty or no lo contendre (no contest) to a charge that is “substantially related to the qualifications, functions and duties of a registered nurse.” If your conviction is deemed to be substantially related, the California Board of Registered Nurses has the authority to suspend or revoke your license or certificate; the Board can also deny an applicant on the same grounds. The Code allows the Board to take action based on pleas of guilty or no contest that are later withdrawn, even though the charges may ultimately be dismissed. That is why it is of the utmost importance for licensed registered nurses to take special care when accused of a crime. Contact an attorney at Spiga & Associates today and let us guide you through the stress and turmoil of the criminal justice system and resounding repercussions with the licensing board

Nurses Facing Alcohol or Drug-Related Charges

The code also contains special provisions for drug-related offenses or misconduct in section 2762, which provides that the following is also actionable as “unprofessional conduct” for nursing professionals:

(a) Obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to himself or herself, or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022.

(b) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug or dangerous device as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public or to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license.

(c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a) of this section, in which event the record of the conviction is conclusive evidence thereof.

(d) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of such commitment or confinement.