Who wouldn't want to practice a profession as heartening and rewarding as nursing in beautiful and sunny California? However, California complicates the ability of nurses to move into and out of the state for nursing practice by its refusal to participate in the nationwide Nurse Licensure Compact. You cannot follow the Nurse Licensure Compact's streamlined rules for multistate licensure. You must instead satisfy licensing officials in California or the other state to which you hope to move your nursing practice that you meet all unique state licensing requirements. If you face licensure by reciprocity or endorsement issues relating to California nursing practice, retain the Lento Law Firm's premier Professional License Defense Team to help you resolve those issues for your best licensing outcome. Call 888.535.3686 or complete this contact form now for our highly qualified attorney representation.
Nurse Licensure Compact Operation
The National Council of State Boards of Nursing is an association of state nursing boards addressing licensing issues nationwide. The National Council promotes the Nurse Licensure Compact for one reason: to facilitate nurse mobility from state to state, easing licensing restrictions. The National Council has succeeded in gaining Compact implementation in forty states, just not California and nine other states including Illinois, New York, Nevada, and Oregon. While nurse mobility is the Compact's reason for existence, the benefits of nurse mobility are many. You could save tens of thousands of dollars in lost income and benefits by continuing your employment from state to state without significant interruption for re-licensing. You could also save a lot of time, trouble, and expense by not having to complete additional nursing education training or retake a licensing exam. Yet, while the Compact's direct benefits are not available to you, California may offer you equivalent procedures through licensure by endorsement, as explained below. Let us help you resolve your licensing issues to move forward with your multistate licensing.
California Nurse Licensure Compact Legislation
If California were to join the Nurse Licensure Compact, then it would have to adopt implementing legislation amending its current nursing laws. California has so far taken no clear initiative to do so. Of the ten states not presently participating in the Nurse Licensure Compact, most of those states have bills pending in their legislatures to join the Compact. California is not among the majority of states. Only California, Nevada, Oregon, and Pennsylvania do not have bills pending in their state legislatures to join the Compact. The trend toward Compact participation appears to be continuing. California, though, appears to be bucking that trend. Let us help you avail yourself of existing licensure by endorsement rules and procedures. Don't wait for California to change. It may not do so in the foreseeable future.
California Nurse Licensure Authority
To practice nursing in California, you will need to deal with the California Board of Registered Nursing, meeting its laws, rules, and regulations. Section 2701 of California's Nurse Practice Act creates the Board of Registered Nursing to license and regulate nursing practice in California. The Act's Section 2732 requires that a nurse obtain a license from the Board of Registered Nursing before practicing in the state. Sections 2795 and 2796 expressly make it unlawful to practice nursing or use R.N. and similar designations in the state without the state's license. The California Board of Registered Nursing also has the authority to enact rules and regulations carrying out its licensing authority. Our resolution of your licensure by reciprocity or endorsement issues will likely depend on the application of those Board of Registered Nursing rules.
California Nurse Licensure Requirements
Section 2732.1 of California's Nurse Practice Act states the basic requirements for licensure by examination of nurses in California. Licensure by examination generally means obtaining one's first nursing license. Licensure by endorsement, by reciprocity, or (as California calls it) without examination generally means obtaining a second or subsequent nursing license based on a nursing license you already hold in another state. Licensure without examination actually requires examination in the initial state, just not again in the second or subsequent state.
Section 2732.1 of California's Nurse Practice Act requires applicants for licensure by examination to pass a licensing examination. California Board of Registered Nursing Rule 1410, codified at 16 CCR Section 1410, repeats that a license by examination applicant must qualify for the licensing exam and pass the exam to obtain a license. California generally requires applicants for licensure by examination to take and pass the NCLEX unless having already licensed in another state based on passing a different but equivalent exam. Qualification for the NCLEX requires enrollment in and graduation from a qualified nursing education program. Applicants seeking a California LPN or RN license must apply through the state's new online BreEZe system. The BreEZe system requires the candidate to authorize criminal background and discipline history checks. Let us help you meet your application requirements, if you already face licensing issues.
Nursing Licensure in Other States
You will face similar licensing requirements if your path is in the other direction out of California and to another state for nursing practice. For instance, with the education requirement, many states require licensure candidates to graduate from a nursing school that has approval from the Accreditation Commission for Education in Nursing (ACEN). California is not one of those states, and you can get a California nursing license by graduating from a non-ACEN accredited program that California's Board of Registered Nursing has approved. But California's Board of Registered Nursing will also likely accept your ACEN-accredited program graduation. It's just that you have more options in California. The same is true with the examination requirement. While California generally requires the NCLEX, and while all other states also accept the NCLEX, you may have other examination options. But expect education, examination, good character, and application documentation requirements in whatever other state to which you apply for a nursing license. And let us help you gain that other state's license.
California Licensure Without Examination
As indicated briefly above, California offers procedures for licensure by reciprocity or endorsement, meaning for a second or subsequent license based on a license you already hold from another jurisdiction. While other states use those by endorsement or by reciprocity terms, California employs the peculiar phrase of licensure without examination, when you must still have passed an examination in your prior state of licensure. California's without examination designation simply means that it is without another examination in California. Consider the following specific California requirements for licensure by endorsement or reciprocity without additional examination.
California LPN Licensure Without Examination
Section 2732.1(b) of California's Nurse Practice Act authorizes licensed practical nurse (LPN) licensure without examination based on a prior LPN license you hold in another state. The statute requires you to apply on the Board of Registered Nursing form, now the online BreEZe portal. You must also show that the education and examination requirements for your prior LPN license are, in the Board's opinion, at least comparable to the Board's requirement. In other words, you are not getting around California licensing requirements by applying for a license without examination. You must still meet all California requirements. It is just that your application for licensure without examination streamlines your process away from the usual application, examination, and other timing requirements for first-time licensees. California Board of Registration in Nursing Rule 1410(b) reiterates these same requirements. Let us help you if you face issues meeting these LPN licensure without examination requirements.
California RN Licensure Without Examination
Section 2732.1(b) of California's Nurse Practice Act likewise authorizes registered nurse (RN) licensure without examination based on your prior RN license from another state. You must apply through the online BreEZe portal while documenting that the education and examination requirements for your prior RN license are at least comparable to the Board's RN requirements. California Board of Registration in Nursing Rule 1410(b) repeats these requirements. We can help if you face issues meeting these California RN licensure without examination requirements.
California Temporary Certificate for RN Licensure
Section 2733 of California's Nurse Practice Act authorizes the Board of Registered Nursing to issue a temporary certificate once you submit your RN licensure without examination application. If the Board preliminary approves your application while awaiting background checks and other documentation, you can obtain a temporary certificate good for up to six months from its issuance. A temporary certificate can be a boon to your nursing practice, preserving your California employment offer and earning you nursing income and benefits before the Board of Registered Nursing has completed its review of your license application. The biggest cost of moving your nursing practice from one state to another is generally the foregone employment, income, and benefits while you await licensing in the new state. The temporary certificate available in California solves that problem. Let us help you qualify for a temporary certificate so that you can practice nursing in California while we help you resolve your licensing issues.
California APRN Licensure Without Examination
Section 2838 of California's Nurse Practice Act authorizes licensure of clinical nurse specialists in California. Other states use the advanced practice registered nurse (APRN) designation, while California employs the CNS designation. Under Section 2838.2, a clinical nurse specialist (CNS) must hold an RN license in the state and a master's degree or similar advanced degree qualifying for the nursing specialty. Specialist designation is available in California for nurse practitioners (NPs), nurse anesthetists (NAs), psychiatric/mental health nurses (PMHNs), public health nurses (PHNs), and nurse midwives (NMWs). California does not indicate the availability of temporary licenses for nurse specialists already licensed in another state.
Issues Obtaining a Second or Subsequent License
The above sections suggest several potential issues that may arise when you seek California licensure without examination based on a prior license in another state or jurisdiction. Those issues tend to arise either because (1) the licensure requirements differ from state to state or (2) intervening events or conditions trigger greater license scrutiny in the new state of licensure. Consider below additional detail on the common issues delaying or preventing licensure without examination in California.
California Nursing Education Issues Delaying Licensure
As indicated briefly above, California does not require LPN and RN candidates to earn their nursing degrees from ACEN approved nursing programs. About half of state nursing boards require ACEN-approved program graduation, California not among them. That distinction can work to your advantage or disadvantage in a multistate licensing matter. If you graduated from an ACEN program, California should accept your education, although it need not do so if your program still does not meet California education requirements. If, on the other hand, you graduated from a non-ACEN approved program, you may qualify in California based on California Board of Registered Nursing approval, depending on the Board's assessment. It could go either way, depending on your particular program. Let us help you address putative distinctions and advocate with the Board of Registered Nursing for your program's approval.
You may also have faced school discipline issues, academic progress issues, or other anomalies in your education program. You may have resolved those issues to your other licensing board's satisfaction, while California's Board of Registered Nursing considers them disqualifying. Or the opposite may be true, that you gained a California license despite your questionable school record, but now the other state nursing board to which you apply is concerned over that record. We can help you address your state nursing board's concerns over school issues. We can also work with your school to update and correct disciplinary records to show your favorable resolution of disciplinary charges and terms or conditions for graduation.
California Nursing Examination Issues Delaying Licensure
You may be less likely to face California Board of Registration in Nursing examination requirement issues. The Board accepts National Council Licensure Exam (NCLEX) passage for its examination requirement, just like all other states do. However, you could face issues with examination time and attempt policies. California follows the NCLEX's 45-day retake waiting period. California NCLEX retakers should apply through the state's new BreEZe system, not the printed form. California does not impose its own retake period, or attempts limit. However other states do limit the number of attempts and may require NCLEX passage within two years of graduation. You may find issues arising if you took more retake time or attempts than the other jurisdiction in which you plan to license, even though you qualified for a California license. You may also face issues over your exam qualification or conduct, triggering misconduct issues. Let us help you navigate examination issues.
California License Discipline Issues Delaying Licensure
Discipline of the license you hold from another jurisdiction can also trigger licensing issues in California. You may have faced nursing license disciplinary charges that you resolved to your other state nursing board's satisfaction, perhaps with probation, remedial measures, or a short license suspension. But California licensing officials may regard your prior alleged misconduct as more serious and may refuse a license without examination. Section 2761 of California's Nurse Practice Act lists the many grounds for discipline, commission of which may result in the Board of Registered Nursing's denial of your application for licensure without examination. Those grounds include things like incompetence, impairment, substance abuse, fraud, and deception. Let us help you address and resolve any pending disciplinary issues while advocating with California or other state licensing officials that your conduct should not disqualify you from multistate licensure.
California Criminal History Issues Delaying Licensure
Conviction of a felony crime or crime substantially related to the practice of nursing is another of the disciplinary grounds that Section 2761 of California's Nurse Practice Act lists that could disqualify you from California licensure without examination. Criminal fraud, theft, assault, domestic violence, drug offenses, and even disorderly conduct and drunk driving offenses, could, in the view of some licensing officials constitute, disqualifying misconduct. Let us help you advocate that you did not suffer the alleged conviction, you have met disciplinary conditions to rehabilitate your character from the conviction, or that the conviction does not relate to nursing practice and is not disqualifying.
California Nurse Licensing Procedures
Section 2750 of California's Nurse Practice Act specifically refers to and incorporates California's government code provisions on administrative hearings. Section 11500 and the following sections of that government code offer elaborate procedural protections for nurses facing licensing proceedings. Those protections are necessary for California to comply with the mandates of constitutional due process, protecting your property and liberty interests in your nursing license and practice. Those protections guarantee that you receive the California Board of Registered Nursing's notice of your license deficiencies and an opportunity for us to invoke a formal hearing to prove your qualifications can overcome the alleged deficiencies. Let us help you invoke the state's protective procedures, which are not self-executing. Don't sleep on your procedural rights. We can pursue your rights and remedies with the strategic skill necessary for your best licensing outcome.
Retain Qualified California Licensing Counsel
You may face the temptation to hire an unqualified local criminal defense lawyer or civil litigation attorney to handle your California Board of Registered Nursing license proceeding. Don't shortchange yourself with unqualified representation. California administrative procedures are complex. They also differ from criminal and civil court procedures. The substantive law, rules, and regulations also differ, as do the issues and evidence. Our attorneys focus their practice on administrative license defense. They not only know the administrative law, rules, and procedures, but they also know the strategies, tactics, and better available outcomes. Let us put that knowledge and skill to work for you. We are committed to preserving and protecting your nursing employment and career.
Steps to Address Your California Licensing Issue
Our first step on your behalf is likely to be to reach out to California Board of Registered Nursing officials to notify them of our appearance on your behalf, so that we can present your best evidence and arguments for licensure without examination. Informal communications and negotiations may resolve your matter quickly, especially with the reputation and relationships of our nationally recognized attorneys. If informal advocacy does not gain you the relief you need, we can invoke the formal hearing procedures to present your evidence and challenge adverse evidence. If you have already lost your hearing, we can pursue available administrative appeals and civil court review. Let us exhaust all available remedies until we gain you the best possible outcome to your California licensing issues.
Stakes in California Nursing License Issues
The stakes you have in your California licensing proceeding may be greater than you realize. You know why you want to move your nursing practice into or out of California. Those stakes alone may be high, including your need or opportunity for new or better employment, your opportunity for professional education and advancement, and your spouse's or close family member's need to move for education or employment. But you may also have reasons you don't recognize yet to clear up your licensing issues. Whatever issue has slowed or prevented your licensure without examination today may, if left unresolved, prevent your license renewal later. Or your current issues may prevent you from gaining a license in a new jurisdiction when you absolutely need it. Keep your legal, professional, and licensing affairs in order. Let us help you resolve your licensing issues now rather than have them reappear at the worst time later.
Premier California Nursing License Attorneys
Retain the Lento Law Firm's premier Professional License Defense Team for your best California licensure without examination outcome. We have successfully helped hundreds of nurses and other professionals in California and nationwide. We are available in Los Angeles, San Diego, San Jose, San Francisco, Oakland, Sacramento, Fresno, Long Beach, Bakersfield, Anaheim, Stockton, Irvine, Riverside, Santa Ana, Chula Vista, Fremont, Santa Clarita, San Bernardino, Modesto, Fontana, and across the rest of California, as well as nationwide. Call 888.535.3686 or complete this contact form now for our premier attorney representation.
