Getting arrested is an alarming event for anyone, but for California nurses, it carries unique and potentially career-altering consequences. Nurses dedicate extensive time, effort, and personal resources to obtain and maintain their professional licenses, and an arrest, even one unrelated to their nursing duties, places all that hard work at risk.
The California Board of Registered Nursing (BRN) maintains rigorous ethical and professional standards. Therefore, arrests or criminal convictions—whether from practice-related offenses like drug diversion or patient abuse or non-practice-related DUI or petty theft can trigger the Board's sanctions, leading to the following consequences:
- Restricted practice through probation conditions
- License suspension with conditional requirements before reinstatement
- Permanent revocation of credentials and the end of a nursing career
Mitigating the effects of an arrest must begin immediately, as failure to report to the BRN can escalate any situation. Regardless of how California nurses find themselves under arrest, the Lento Law Firm is dedicated to ensuring that they remain licensed professionals with a robust defense.
When California state agencies seek discipline, our Professional License Defense Team stands prepared to respond to Board inquiries and assert their rights in all proceedings. Whether nurses are working in busy San Diego or Los Angeles medical centers, community clinics in Oakland or San Francisco, or elsewhere throughout the Golden State, call us at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
BRN Rules and Regulations
California nurses are beholden to a series of professional and ethical standards as a part of their licensing agreement with the BRN. The Board compiles provisions from the state's Penal Code, Health and Safety Code, Business and Professions Code, and the Nurse Practice Act (NPA) to establish rules for licensees.
Arrests, of course, are tied to alleged criminal activity. If the Board decides licensees require further sanctions to protect the public and the integrity of the nursing practice, it can come from multiple areas of state law. Yet, it will likely coincide with a violation of its rules promoting professional conduct, but it will depend on whether the arrestable offense is practice-related or not.
Practice-Related Arrests
California nurses may face several practice-related arrests that can directly threaten their nursing licenses. Among the most common and serious is drug diversion, which occurs when a nurse illegally takes controlled substances from a healthcare facility for personal use or distribution. After law enforcement establishes probable cause through complaints or monitoring, an arrest could be made for unlawful possession or distribution of controlled substances or even theft-related charges.
At hospitals and other medical facilities, nurses must check in with patients and report on any changes in their condition. Failure to do so is a serious NPA violation. Moreover, licensed nurses may not delegate evaluations to supervised personnel. Related patient complaints could lead to allegations of patient abuse or neglect and even endangerment, particularly in vulnerable populations like elderly, dependent adults, or children, culminating in an arrest.
Licensed nurses may not have to worry about practicing without credentials, but there are instances when practitioners may forget to renew a license or may be accused of falsifying information on board documents. Subsequent violations, depending on the severity of false pretenses, can lead to criminal fraud charges. Other deceptive documentation, such as insurance billing, has similar implications.
Non-Practice-Related Arrests
California nurses can experience arrests outside of caring for patients like anyone else. Although not directly tied to their professional duties, arrests for numerous crimes can still affect their nursing licenses. For instance, shoplifting or petty theft, central charges within California's Penal Code, raises concerns about moral character issues.
Arrests related to assault or domestic violence bring complications to a licensee's worthiness to care for the public. Still, the final effects will depend on whether charges are misdemeanors or are more serious when injuries are involved. The BRN views physical violence—also verbal and emotional abuse—as detrimental to the nursing practice as it indicates a potential risk to patient safety.
It isn't just on-the-job drug diversion that can land nurses in handcuffs. Arrests can happen for illegal drug possession or even ill-placed recreational drug use outside of work. Even though California allows citizens to consume some types of drugs recreationally, professional licensees are forbidden in most cases. The BRN views such as indicative of potential impairment or substance abuse issues that might indirectly threaten their practice.
Finally, arrests involving intoxication will prompt BRN review. It could be for a few different types of arrests, like disorderly conduct, public intoxication, or even DUI. Although they are not directly connected to patient care and often happen outside the confines of a medical care facility, the Board considers them relevant due to the implications on a licensee's judgment, responsibility for staff and patients, and potential risk to public safety in ongoing cases.
California BRN Reporting Regulations
Arrests will bring complexity to the lives of California nurses who must endure the state's criminal justice system firsthand. However, one thing they don't have to worry about is reporting the arrest to the Board—at least at first.
The BRN does not explicitly state that licensees have to notify it when an arrest occurs—only when nurses are convicted or plead guilty to a crime. They must report to the Board within 30 days any of the following:
- Convictions, guilty pleas, and "no contest" pleas related to any felony or misdemeanor
- Disciplinary action taken by federal authorities, including the U.S. military or licensing authorities in other jurisdictions
Despite the fact that nurses don't have to report criminal action to the Board until nearly the end of the criminal process, that shouldn't give licensees hope that the BRN won't find out. Since the Board relies on background check information from the Department of Justice and the Federal Bureau of Investigation via Live Scan fingerprint monitoring completed during the application process, law enforcement data systems notify all governing agencies linked to those arrested and processed in their municipalities. Therefore, the BRN will likely move forward with managing the violation while the criminal process continues.
In some instances, the BRN could respond with an immediate intervention of the criminal activity that caused the arrest has an urgent and direct effect on the safety of the public or the licensee themselves. Regardless of the potential consequences of an arrest on a nurse's license, the BRN must take the issue through its official grievance process.
BRN Investigation and Hearing Process
Upon receiving notification, the BRN's Enforcement Unit conducts an initial review to determine whether the offense is substantially related to nursing practice. For those holding credentials under the NPA, crimes evidencing a licensee's "present or potential unfitness" to perform authorized functions are subject to probation, suspension, or revocation.
In determining a substantial relationship between the incident and the nursing practice, the Board considers the nature and gravity of the offense, the time lapsed, and the nurse's duties. Substantially related crimes include, but are not limited to, the following:
- Directly or indirectly violating or attempting to violate the NPA
- Theft, dishonesty, fraud, or deceit
- Child, elder, or dependent adult abuse
- Sex crimes requiring a person to register as a sex offender
- Lewd conduct or sexual misconduct
- Assault, battery, or other violent crimes
- Harassment, trespassing, or stalking
- The dangerous use of drugs or alcohol
- Failure to comply with mandatory reporting requirements
At a hearing before the BRN (also during the settlement process), licensees have the opportunity to present mitigating circumstances to demonstrate rehabilitative efforts following an arrest. A significant portion of the effort is presented through written statements from people in positions of authority who have on-the-job knowledge of the licensee's current nursing competence. Also, from counselors regarding the nurse's participation in a rehabilitation or recovery program and members of alcohol and substance abuse support groups, where appropriate.
Arrest Consequences for California Nurses
Critically, felony convictions or others substantially related to the qualifications, functions, and duties of nurses are conclusive evidence of Board violations. Offenses include, but are not limited to, assault, lewd conduct, theft, the sale or use of drugs, child abuse, murder, or rape.
When the Board is determining whether revocation, suspension, or probation is appropriate, factors such as the following are considered:
- Nature and severity of the act or crime under consideration
- Actual or potential harm to a patient or the public
- Prior disciplinary or criminal record.
- Evidence of mitigation or rehabilitation evidence
In case of a criminal conviction, the Board will also consider compliance with sentencing conditions or court-ordered probation. However, there are situations where revocation is the recommended penalty, such as:
- Failure to respond to the Board or to appear at a disciplinary hearing where it has requested revocation.
- Violation of the conditions of the Board's Probation Program
- Substantiated evidence or convictions of physical abuse or sexual offenses
- Patient neglect
- Second or subsequent offenses unless the respondent can demonstrate rehabilitation
While there are instances where nurses may lose their license because of an arrest, that's not always the case. More often, licensees are placed on probation and must follow a strict and numerous set of conditions.
Probation Conditions
To promote consumer protection and monitor the progress of disciplined licensees, the Board will impose several probation conditions. Normally, the BRN recommends a minimum of three years probation, which includes some of the following 13 standard conditions:
- Obey all laws
- Comply with the Board Probation Program
- Report in person
- Practice or residency outside of the state
- Mandatory written reports
- Demotion to a Registered Nurse
- Additional employment approval
- Supervision
- Practice limitations
- Course completions
- Cost recovery or restitution
- Violation of Probation
- License Surrender
- Physical examination
- Participation in treatment or chemical dependence treatment program
- Abstention from mood-altering drugs
- Submitting to drug tests
- Mental health exams
- Therapy or counseling
- Full license suspension
The Board can implement further sanctions along with one or more standard probation conditions. Conditions 14 through 19 are usually required in cases involving alcohol or substance abuse. In cases where mental illness is a factor, the Board recommends 14, 18, and 19.
While licensed nurses are not required to report arrests under normal circumstances, that changes when they are subject to probation. For example, condition "1" means that the licensee must obey laws, which may not seem so concerning. However, the Board requires a full and detailed report of any and all violations of law within 72 hours, such as subsequent arrests.
Reinstating a California Nursing License
Nurses whose licenses have been suspended or revoked may petition for reinstatement. They must submit the official form and supplementary documentation to the Board's Sacramento headquarters at least 45 days before the petitioner desires a hearing.
The licensee bears the burden of proving rehabilitation, and they normally demonstrate it through a series of evaluations. For instance, nurses must complete criminal probation and have compelling evidence of rehabilitation verified by a psychiatric evaluation. Yet, the successful completion of a court-ordered diversion program, such as alcohol or drug counseling, does not prohibit the Board from denying reinstatement based on the previous misconduct.
Protect Your Practice With the Lento Law Firm
Nurses are integral to California's healthcare system. When licensees are placed under arrest, they need dedicated legal counsel to ensure their ability to practice remains unaffected.
The Lento Law Firm is well-known throughout California, assisting nurses from Fresno to San Bernardino and Roseville to Long Beach. Our Professional License Defense Team understands the complexities of arrest on medical professionals, such as the difference between practice-related and non-practice-related crimes, how the BRN disciplines licensees, and how to petition for reinstatement.
Regardless of the situation surrounding an arrest, our team begins by building a strategy to mitigate the effects on the authority to practice. We will negotiate with the Board and emphasize rehabilitative measures taken to address practice concerns to protect good standing. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 today or fill out our consultation form, and we will contact you.
