Becoming a licensed nurse in the Greater Sacramento area is a major accomplishment. Whether you're an RN, LPN, APRN, or other type of nurse, you've invested countless hours and likely thousands of dollars in nursing school, completed intense clinical experience, and passed the NCLEX to obtain your California state licensure—all to have a career focused on helping others.
Unfortunately, a single complaint to the California Board of Registered Nursing (BRN) can jeopardize your license and potentially turn all of your hard work into wasted effort. Even in Greater Sacramento, which has a thriving medical community that includes some of the nation's largest healthcare facilities, an allegation of misconduct can threaten your entire career.
That may seem unfair, but it's a frighteningly common scenario. The California Board of Registered Nursing receives thousands of complaints every year. Many of these complaints result in the temporary suspension of a nursing license, with a significant number of licenses being revoked permanently. One allegation of misconduct is all it takes to endanger your professional nursing license and, in turn, your ability to earn a living.
If your nursing license is jeopardized in the Greater Sacramento area, you don't have to face the challenge alone. The Lento Law Firm's Professional License Defense Team has the knowledge and experience to help defend your license and protect your career. We understand the demands of nursing, and we're committed to defending hardworking professionals like yourself.
We will investigate any complaints made against you, gathering evidence and testimony to build a strong case in your defense and giving you the best chance to keep your nursing license in good standing. Call us today at 888-535-3686 or contact us online to learn how we can help protect your nursing license.
Types of Accusations That Can Threaten Your Nursing License in the Sacramento Metro Area
Nurses in Sacramento, Roseville, Arden-Arcade, Yuba City, Tahoe, and elsewhere in California must follow strict ethical and professional standards as outlined in the state's Nurse Practice Act. If your license is in jeopardy, it's likely because of an alleged violation of these standards or some other breach of public trust. Here are some common reasons why nurses in the Sacramento area might face license suspension or revocation:
- Sexual misconduct. Nurses are entrusted with extremely high levels of professionalism, as they're often present with patients in private or vulnerable situations. Sexual contact of any kind—consensual or otherwise—can be enough to have your license suspended or revoked. Even consensual romantic relationships between nurses and patients can be considered unethical and result in disciplinary action.
- Drug mismanagement or misuse. Nurses are tasked with the responsible management of medications, both prescription and non. Mismanagement of or negligence towards medications, including diverting meds, forging prescriptions, or administering medications without a valid license, is a serious offense that can lead to license challenges.
- Patient-care misconduct. Neglecting patients, failing to follow protocols, inadequate or improper documentation, and other patient mismanagement can put your license at risk. It doesn't matter if this patient-care misconduct happens as the result of negligence or poor judgment—the consequences could seriously impact your career.
- Fraud. Nurses need to be trustworthy, as they are often given access to sensitive information about their patients. A nurse's license could be suspended or revoked for tampering with patient records, falsifying qualifications, inflating insurance bills, or otherwise committing fraudulent acts instead of administering care.
- Criminal convictions. Nurses must be cognizant of their actions when off duty, as convictions for certain crimes can render someone ineligible to hold a nursing license in the state of California. This includes crimes that are directly related to your nursing practice, as well as convictions for violent felonies, child abuse, or other serious offenses.
Can My California Nursing License Be Revoked Over Any Offense?
The California Board of Registered Nursing handles all licensing decisions in and around Sacramento. The Board can choose to put a nurse on probation, temporarily suspend a nursing license, or revoke a license permanently. Permanent revocation is generally reserved for the most severe breaches of conduct, including assault, abuse, theft, or fraud. Nurses who have repeatedly violated the Nurse Practice Act may face the permanent loss of their license even if the violations were less severe than those stated above.
The Board has a number of other disciplinary actions available at their disposal as well. Being found guilty of behavior that violates the Nurse Practice Act could result in other sanctions besides the suspension or revocation of your license. The full list of disciplinary actions available to the California Board of Registered Nursing includes:
- License Revocation. The most severe outcome of a disciplinary hearing is the revocation of your nursing license. This effectively ends your ability to work as a nurse in the state of California, and can make it extremely difficult to get a nursing license elsewhere. Having your nursing license revoked puts your career in serious jeopardy.
- License Suspension. Rather than revoking your license, the Board can issue either a temporary or indefinite suspension. In such a case, you'd be restricted from actively practicing nursing while your license is suspended, but unlike if your license were revoked, you would have a clear path to getting reinstated.
- Intervention Program. Complaints involving chemical dependency and/or mental illness may be referred to the BRN's Intervention Program, which is a confidential rehabilitation program.
- Citations and Fines. For minor violations, the Board may make use of its Citation and Fine System. Nurses who receive a citation and fine have the right to challenge it through an appeal process, which may involve either an informal or formal appeal, depending on the circumstances.
While some of these sanctions are clearly more severe than others, any of them—even a formal warning—can negatively impact your career. It's vital that you take any allegation against you seriously and do everything in your power to preserve your reputation and the good standing of your license. State Nursing Board disciplinary actions are usually a matter of public record, which means that potential employers will be able to see them. If you've ever received disciplinary measures against your license, it could affect your ability to be hired.
If you're accused of a violation of your nursing license anywhere in the Greater Sacramento area, the Lento Law Firm's License Defense Team can help. We'll do everything we can to protect your license and your reputation by gathering facts and presenting your case to the State Board. Protecting your nursing license is a serious endeavor—don't take it on alone.
The Nursing License Disciplinary Protocol in Sacramento
In Sacramento and its surrounding areas, as in the rest of California, the disciplinary process for nursing license violations is managed by the California Department of Consumer Affairs and the Board of Registered Nursing. The disciplinary process typically works as follows:
Complaint
All disciplinary actions start with the submission of a complaint. These complaints can be filed by anyone and typically come from patients, their families, your colleagues, or other healthcare professionals who believe the state standards of conduct have been violated.
Review of Complaint
The California Board of Registered Nursing will evaluate the complaint to determine if it falls under their authority. Complaints involving serious offenses like sexual misconduct, drug mismanagement, fraud, or other violations of ethical and professional standards will likely result in an investigation.
Investigation
Investigations are carried out by the BRN's Investigation Unit. It's worth noting that the Department of Consumer Affairs also has a Division of Investigations (DOI) consisting of sworn peace officers. Investigators conduct interviews and gather evidence, and they may refer cases to the District Attorney's Office if they believe a crime has been committed. Their goal in all of this is to seek out evidence that supports the allegations. At the conclusion of the investigation, the investigator submits a written report of their findings to the BRN. If the Board determines that no violation can be substantiated, the case is closed, and the complainant is notified. Otherwise, the Board determines what disciplinary measures it needs to mete out.
Disciplinary Action
The BRN separates disciplinary actions into two categories: informal and formal. Their informal discipline system, consisting of citations and fines, is used when an investigation reveals a minor violation of the Nursing Practice Act.
When an investigation uncovers sufficient evidence of a violation that warrants formal disciplinary action, the BRN forwards the case to the California Attorney General's Office for review. If the Attorney General's Office agrees that there is a case, it issues an accusation. This is a legal document detailing the charges against the nurse. The nurse is then given the opportunity to contest these charges in an administrative hearing, a proceeding that functions similarly to a court trial.
If evidence of a crime is discovered during one of these investigations, it is possible that the accused will face criminal proceedings on top of the BRN's disciplinary investigation. These criminal accusations should be considered separately, though they may ultimately affect your ability to work as a nurse in the Greater Sacramento Area.
In some cases, instead of proceeding to a hearing, the BRN may offer a stipulated agreement to resolve the matter. This agreement allows the nurse to admit to specific charges and accept the proposed disciplinary action, often leading to a mutually agreeable outcome without the need for a hearing.
Appeal
Nurses in Greater Sacramento and its surrounding areas have the right to file an appeal if they disagree with the outcome of a BRN investigation. An appeal must be filed within 60 days of the Board's decision.
Note that the appeals process can be both time-consuming and costly. It is also rare for the Court to overturn the Board's decision. Should you attempt to appeal the outcome of a Board investigation, it's paramount that you have an experienced legal team by your side.
Serving the Greater Sacramento Area
As one of the most populated regions in the country, Greater Sacramento presents many opportunities for nurses and other healthcare professionals. It's home to well-respected facilities like the Sutter Health Sacramento Sierra Region, Mercy Healthcare (an affiliate of Catholic Healthcare West), Kaiser Permanente, and the University of California (UC) Davis Health System, among many others.
But in order to take advantage of the many career opportunities present in and around California's capital—including the beautiful Lake Tahoe region—you must protect and preserve your professional nursing license.
Your nursing license is the foundation of your professional life. However, one single complaint could destroy that foundation if the California Board of Registered Nursing determines that significant license violations have taken place. Don't let an accusation upend the career you've worked so hard to have. Meet any license investigation with a practiced and professional defense, courtesy of the Lento Law Firm's Professional License Defense Team.
At the Lento Law Firm, we value and respect nurses for their selfless devotion to a difficult and, unfortunately, often thankless profession. We know how difficult being a nurse can be, and we're ready to work just as hard to protect the rights and reputations of these hardworking individuals.
We know that complaints against nurses can come as the result of honest mistakes or simple misunderstandings. We've seen false accusations made by upset patients and frustrated family members. We know that the California Board of Registered Nursing faces an overwhelming number of complaints each year and that even the best attempts to fully investigate each and every accusation are hampered by limited time and resources.
Most importantly, we know that no matter what initiated a complaint against you, you need to respond as though your entire career may depend on it. Because it very well could.
We proudly represent nurses from all across California, including the Greater Sacramento area. If you've received notice that an investigation into your license is taking place, call the Lento Law Firm at 888-535-3686 today or contact us online to learn how we can help.
