Being a licensed vocational nurse (LVN) is not an easy job. Your work has extensive physical and emotional demands. At the Lento Law Firm, we know that our LVN clients frequently put the needs of their patients above their own and treat each patient as they would their own family.
The process of becoming an LVN is no easy feat. You went through long, grueling educational and practical training and spent countless hours studying for your licensure exam. When you have worked so hard to become an LVN and dedicated your life to serving others, it is understandably upsetting to learn a complaint has been filed against you and your California LVN license.
Whether panicked or shrugging off this nonsense accusation, you must contact the Lento Law Firm Professional License Defense Team. These allegations will not go away on their own, and each complaint will be investigated thoroughly. You can never be sure that the investigating agency will give you the benefit of the doubt. Still, you can be confident that our Professional License Defense Team will fight tooth and nail to protect your California LVN license. Let us start fighting for you; call us at 888-535-3686 or contact us online.
California Licensed Vocational Nurse Regulatory Body
In California, LVNs are regulated by the Board of Vocational Nursing and Psychiatric Technicians (Board). The Board has 11 members, six of which are members of the public and five of which are members of the medical community, either LVNs or psychiatric technicians.
The Board is tasked with protecting California consumers from LVNs' unprofessional and unsafe practices. The Board has numerous responsibilities, including but not limited to:
- Setting the minimum requirements for LVN examination and licensure
- Establishing education standards for California schools offering LVN programs
- Adopting regulations outlines the performance, practice, and disciplinary standards for LVNs
- Enforcing California regulations governing the continued approval of LVN schools in the state
- Enforcing regulations and laws governing LVNs through the investigation of complaints and taking appropriate disciplinary action against LVNs who are incompetent or not practicing nursing safely
California Licensed Vocational Nurse Disciplinary Action Process
The Board is tasked with addressing all complaints against LVNs and taking disciplinary action against them when necessary. Even when the complaint against you is ridiculous, false, and filed by a disgruntled patient or colleague, you must take it seriously. Any complaint can be a real threat to your California LVN license, reputation, and livelihood.
The disciplinary process can be lengthy. It isn't uncommon for it to take several months from complaint to resolution; the timeframe can even exceed a year if you appeal the Board's decision.
Going through the disciplinary process can be emotionally taxing for you and your loved ones. The Lento Law Firm is here to make the process as painless as possible. We will walk you through the process in detail, strategize, and put forward a defense that maximizes your chances of retaining your LVN license with minimal, if any, restrictions.
Complaint
There are no restrictions on who can file a complaint against an LVN. Typically, complaints are filed by a patient, their family, law enforcement agencies, and colleagues or supervisors. Under California law, other LVNs must report you to the Board if they believe you have participated in unprofessional conduct. Complaints can be filed anonymously, which can be upsetting, considering you aren't sure who has made the allegation or why they are making this accusation.
While not all patients will be satisfied with their medical providers, the Board encourages patients to file complaints in only specific situations. The Board states it is appropriate to file a complaint the patient has been:
- Abused in any way
- Is the victim of sexual misconduct
- Treated by an LVN while they are impaired by drugs or alcohol
- Treated negligently
- Treated in any manner that concerns the LVN's competence or professional conduct
Complainants can submit their complaints in several ways: using the Board's online complaint form, email, mail, or over the phone.
In California, you have the right to know when a complaint has been filed against you; therefore, you will be notified by the Board shortly after they receive the complaint. When you learn a complaint has been filed against you, contact the Lento Law Firm Professional License Defense Team. While you may know the complaint is baseless, the Board does not, and they have significant resources to make a case against you. The Board exists to protect consumers, not LVNs, but the Lento Law Firm is here to protect you and your California LVN license.
When the Board receives a complaint, it will review it to determine if it has jurisdiction over the matter and if it alleges misconduct violating any laws or regulations governing LVNs. If the complaint meets these requirements, the Board will proceed with an investigation.
Investigation
The Board's investigation into the alleged misconduct against you will be a fact-finding mission. If the complainant has not anonymously filed the complaint against you, the Board will likely contact them to interview them and potentially ask for additional evidence supporting the accusation against you. The Board will also interview you and any witnesses or relevant parties, such as your supervisor or colleagues.
The Board may also collect documentation such as work performance reviews, patient medical records (with their consent), and any other documents relevant to the complaint against you. If there are any videos, photos, or other evidence related to the case, they will collect it at this time.
Initial Determinations
Following the investigation, the Board will decide if LVN laws or regulations are violated. If they determine you have not participated in conduct that warrants disciplinary action, the case against you will be dismissed immediately.
If the Board determines a violation has occurred, disciplinary action will be taken. The Board has the option to take either formal or informal disciplinary action. Formal disciplinary action could include the following:
- Probation
- License suspension
- License revocation
When the Board decides to take formal disciplinary action, it will transfer the case to the Office of the Attorney General, which serves as the Board's lawyer. This office will draft a formal document, called an Accusation or Statement of Issues, issuing the disciplinary action against you. When you receive this document, you can either accept the disciplinary action ordered or request a hearing to defend yourself against the allegations.
It is essential to have your Lento Law Firm attorney involved during the investigation and before the Board decides, particularly when you have a violation that could result in formal disciplinary action. Your Lento Law Firm attorney has extensive experience negotiating with nursing boards to mitigate the disciplinary actions taken against their LVN clients. Our Professional License Defense Team can often reduce the disciplinary action taken against you, for example, convincing the Board that license suspension is more appropriate than revocation or even that informal disciplinary action is sufficient.
When the Board takes an informal disciplinary action against you, your LVN license will not be limited in any way. Common informal disciplinary actions include:
- Citation or fine
- Notice of Warning
- Violation Letter
- Letter of Admonishment
- Requiring the LVN to participate in a remediation program
- Referral for criminal action
Hearing
Disciplinary action hearings are conducted before an Administrative Law Judge (ALJ). Hearings are serious matters; while they are not court proceedings, they are very similar procedurally. Just as you would not represent yourself in a court of law, you should never represent yourself at an administrative hearing. Even though you are not in court, there are many rules and procedures that must be strictly adhered to before and during an administrative hearing. Your Lento Law Firm attorney has successfully represented countless LVNs in administrative hearings and is well-versed in all the intricacies.
At the hearing, your Lento Law Firm attorney will present evidence, witness testimony, cross-examination, and other materials to vigorously defend your California LVN license and professional reputation. The Office of the Attorney General will also present the Board's argument.
Determinations
After the hearing, the ALJ will deliberate and ultimately propose a decision to the Board. The ALJ can agree with the Board's initial disciplinary action determination or propose an alternative disciplinary action. Ultimately, the Board has the authority to decide what disciplinary action to take; it can reject the ALJ's proposal.
Appeals
If the Board has unfairly taken disciplinary action against you and your California LVN license, you are legally entitled to an appeal. Appeals are filed in court and are formal legal actions. It is crucial that you have an attorney at this juncture. If you have not been represented by an attorney in the disciplinary proceedings against you, it is not too late to call the Lento Law Firm Professional License Defense Team. Our attorneys are frequently retained at the appeals stage and can get more favorable client outcomes.
Grounds for Disciplinary Action Against Your California Licensed Vocational Nurse License
Many different violations can result in a complaint and disciplinary action against your California LVN license. Misconduct leading to disciplinary action typically falls within one of the following three categories: incompetence, gross negligence, or conviction of a serious crime.
Incompetence
The Board defines incompetence as “the lack of possession of and the failure to exercise that degree of learning, skill, care, and experience ordinarily possessed by a responsible licensee.” Incompetence is common when nurses lack sufficient training, which leads them to be unaware of how to perform some of their tasks and perform them incorrectly.
Gross Negligence
According to the Board, gross negligence occurs when a competent licensee's behavior is “a substantial departure from the standard of care which, under similar circumstances, would have ordinarily been exercised," and this departure could or has caused harm to a patient. Common examples of negligence include not responding to a patient promptly, administering the wrong medication, not reporting a change in a patient's status, or injuring a patient with medical equipment.
Conviction of a Serious Crime
Not all criminal convictions can land you in hot water with the Board. Generally, only serious convictions will result in disciplinary action. The serious crime must be "substantially related to the licensee's qualifications, functions, or duties."
Areas We Serve in California
Our Professional License Defense Team represents LVNs throughout the state of California. Our LVNs often come from some of the largest cities, including Los Angeles, San Diego, San Jose, San Francisco, Fresno, and Sacramento. Clients come from different healthcare settings, from in-home care to nursing homes, rehabilitation centers, and large hospitals. We often have clients working in the largest healthcare systems in the state, such as Dignity Health, Stanford Health Care, Scripps Health, and Memorial Health Services. Wherever you are in California and wherever you work, the Lento Law Firm can help.
Retain the Lento Law Firm Professional License Defense Team
When your California LVN license is online, you need the Lento Law Firm Professional License Defense Team. Do not gamble on your license, reputation, and livelihood, but settle for anything but the best possible reputation. Our seasoned Professional License Defense Team understands what is on the line and will go to battle to protect you and your LVN license. Call us today at 888-535-3686 or contact us online to retain the Lento Law Firm Professional License Defense Team.
