WHY A PATIENT MIGHT REQUEST THEIR MEDICAL RECORDS Medical records are important documents detailing a patient’s health history. There are times when a patient might want a copy of their medical records. Some of the most common reasons why a patient might request thei
THE NURSE LICENSURE COMPACT EXPLAINED The Nurse Licensure Compact (NLC), first established in the year 2000, is an interstate agreement that authorizes registered nurses, licensed practical nurses, licensed vocational nurses holding a multistate license to practice nursing in any other state that is include
THE ROLE OF THE CALIFORNIA BUREAU OF AUTOMOTIVE REPAIR In California, the Bureau of Automotive Repair (BAR) seeks to protect consumers and the public from fraud and incompetence in the automotive industry. The BAR does this by regulating auto repair shops, smog check stations, and even mediating automotive
HOW YOUR LICENSE MAY BE AT RISK Many professionals worry about seeking mental health treatment because they fear that the record of treatment could lead to the potential loss of their license. The most important thing to understand here is that you will likely not face any license sanction unless you
UNDERSTANDING BASIC NEGLIGENCE The legal standard of negligence is the general basis for most injury claims. If you are injured in an accident of some kind, then you may be eligible for monetary damages if you can prove the following elements:
REASONS WHY A NURSE MAY BE INVESTIGATED When a state licensing board issues an individual or business a professional license<
WHAT IS AN EXPUNGEMENT? An expungement is a legal process to remove a conviction from someone’s criminal record. In many states, people are allowed to expunge one or more prior convictions if they meet certain specifications. Usually, only certain crimes can be expunged after a certain time period has pas
MANDATORY AND NON-MANDATORY DISCLOSURES As a holder of a nursing license granted by the California Board of Registered Nursing (BRN), you agree to follow many ethical rules and responsibilities. One responsibility that you have as a state-licensed nurse is that of the
COSMETOLOGY LICENSE REQUIREMENTS In California, to be a cosmetologist, you will have to meet several licensing requirements.
THE ARCHITECTS PRACTICE ACT EXPLAINED The California Architects Practice Act (ACT) is a state statute that describes all of the rules and regulations relating to the expected conduct of licensed architects in the state of California. All California architects are subje
PATIENT ABANDONMENT EXPLAINED When a doctor-patient relationship is established, a doctor generally has the right to end the relationship without the patient’s consent. A doctor, however, may not terminate a doctor-patient relationship for a discriminatory reason. Al
THE ENFORCEMENT PROGRAM OF THE BOARD OF REGISTERED NURSING (BRN) The Board of Registered Nursing (BRN) is the main administrative body that awards nursing licenses
If you hold a professional license in the state of California, it is essential to understand that a criminal conviction can have sign
The coronavirus pandemic has brought unprecedented change to the telehealth industry. Health care
One of the biggest obstacles that physicians have historically faced when they are first licensed is the idea that they can only practice in one place, in one area, limiting their mobility and ability to grow. Advancements in technology and the fallout of the coronavirus pandemic have increased both the ability and n
The Importance of Proper Child Care License Defense If you are a daycare provider, it generally indicates that you have successfully completed several steps to be awarded a child care license by the
The Importance of Proper Physical Therapist License Defense If you are a physical therapist, then it is important to know that any claim of misconduct, even if untrue, can have a significant impact on your physical therapist license. A patient simply making a complaint
THE IMPORTANCE OF PROPER MEDICAL LICENSE DEFENSE A single sexual harassment claim, even if untrue, can have a significant impact on your medical license
MEDICAL ABANDONMENT DEFINED Medical abandonment, also known as patient abandonment, happens when a doctor terminates the doctor-patient relationship without giving his or her reasonable patient notice, reasoning, and a reasonable opportunity to find a suitable replacem
Contractors in the state of California have a lot of challenges on their plates. They have to ensure that their business operates under ever-changing state laws and local codes, and they have to successfully work through challenges with each and every client to keep their reputations in good standing.
For any medical professional, writing prescriptions for a wide range of medical conditions is a crucial part of your job. But writing prescriptions, especially in significant numbers, can put your California medical license at risk. Even if you are within standards of care for your profession, writing many prescripti
As a chiropractor, keeping documentation of patient visits may feel like a normal part of the job. Still, its importance is critical when it comes to keeping your professional license in good standing. Unfortunately, many chiropractors keep shoddy or brief records, only to face a patient complaint and realize that th
The best teachers are not only outstanding educators, but they also care deeply about their students. However, it is essential for teachers to keep strict professional boundaries between themselves and their students, or they could face serious legal and license issues. Even an innocent offer to give a student a ride
Most nurses would agree that a HIPAA violation is at the bottom of their list of serious issues they would want to face in their careers. A serious HIPAA violation can result in stressful investigations by the
Most licensed healthcare professionals are familiar with a type of discipline known as a public reprimand. Whether you are a doctor, nurse, physical therapist, veterinarian, or another health provider, your governing board can issue a public reprimand if you are found guilty of a minor legal violation. In a nutshell,
As a medical provider, acting ethically during each and every interaction with a patient is an essential part of your job. One situation where ethics are especially important is when obtaining informed consent for treatment. While informed consent often happens in the blink of an eye with a quick signature, taking th
No matter what kind of licensed professional you are, complaints against you can spell serious trouble for your license, especially when they result in an investigation. However, before you give up and accept the punishment for an error you made, it is important to know that there are many simple steps you can take to protect your license, even whe
As confirmed coronavirus cases continue to rise throughout California, Governor Gavin Newsom is finding new ways to get more health care professionals into positions where they can help. Recently, he created the California Health Corps, where anyone with a license in their
Health care workers are an irreplaceable human resource when it comes to helping people recover from COVID-19. Unfortunately, however, far too many health workers, including many nurses, are currently at risk due to a lack of
Like all health professionals, chiropractors can face license
California is among one of the most progressive states in the U.S. and was one of the first to legally approve recreational marijuana use. Many people assume that since marijuana is legal in the state of California, there are no legal restrictions to its use. However, for licensed professionals, this is not always
In the state of California, the licensing and regulation of registered nurses is overseen by the California Board of Registered Nursing (BRN). The BRN is responsible for determining and maintaining high
As a licensed professional in California, there is almost nothing more frustrating than learning that a complaint has been filed against you. Any complaint that is found to be valid upon investigation will result in an administrative hearing with the California Office of Administrativ
It is common for professionals licensed in California to also hold licenses in nearby states, but what happens to your California license if a license you hold in another state is disciplined? Many people incorrectly assume that because the licenses are in different states, discipl
If you are preparing to apply for a professional license in the state of California, knowing the reasons why professional licenses are most likely to be denied can help improve the chances of your application being approved. Below we will detail some of the most common reasons for license denial and tell you when a licensing attorney can help.
As a physician, you may or may not be aware of new government efforts to fight the U.S. opioid epidemic. While the goal is to reduce unlawful or unnecessary opioid prescriptions, the new enforcement is also causing trouble for doctors who prescribe the drugs. A particular part of the program that could be problematic for doctors is a data analys
Regardless of whether you are a real estate broker, a doctor, a teacher, or any other licensed professional, domestic assault charges can put your license—and your career—in jeopardy. Any criminal conviction can result in the revocation or suspension of a professional license, and depending on the circumstances of your case, a domestic assault
As a licensed real estate professional, you have many responsibilities to your clients, and in order to keep your license in good standing, you must ensure that you uphold all of them. Unfortunately, however, there are many situations that can prompt the California Department of Real Estate (CalBRE) to make accusations against you that could put yo
If you’re considering a career in nursing but have a criminal record, you may be wondering whether criminal charges will affect your ability to get your RN license. Typically, having a conviction expunged (i.e., having it
If you are a physician who has recently been convicted of a crime, you are likely extremely worried about the consequences to your medical license. Since every person’s case is different, there is no one answer to how your license will be impacted, but there are some common outcomes worth considering. Below you’ll learn about how a criminal
Whether you are a doctor, a nurse, a real estate broker, or another licensed professional, losing your professional license can have a devastating impact on your life. From financial difficulties to relationship strain, the loss of your license can be extremely difficult to cope with. If your licensing board has filed a
Whether you are a real estate broker or are simply considering applying for a real estate license, and have had a criminal conviction that was expunged from your record, you likely have a lot of questions about the impact this could have on your career.
As a real estate broker, you’re likely aware that retaining important records is an essential part of keeping your license in good standing. But as we all know, during busy times it is easy to get behind on recordkeeping or to stay abreast of recordkeeping requirements. Unfortunately, it is not uncommon for
In the age of the internet, negative online reviews are a frustrating but inevitable part of life for many professionals, including doctors. As you likely know, it can be exceedingly difficult to ignore negative reviews, especially if they cast doubt on your reputation or a patient makes false claims. Unfortunately, many doctors don’t consider th
Regular or random drug testing of nurses is a common practice in the state of California. However, California is also a place where, due to the recent legalization of marijuana, the repercussions of failing a drug test can be a source of confusion for nurses. If you recently tested positive for an illegal drug, you likely have many questions about
No one wants to face the consequences of getting a DUI in California. From losing your driver’s license to upsetting your personal life, a DUI can be an incredibly difficult experience. Beyond this, however, many people fail to think about the enormous impact it can have on their career. When employed in any profession that requires a license,
Bars owners have many responsibilities, but among the most important is keeping their liquor licenses in good standing. This can be more challenging than it sounds because bars often oversee many employees, each of whom must adhere strictly to California law to prevent problems with your license. Below you’ll learn about several of the most commo
As an educator, you have many ethical responsibilities, and ethical misconduct is one of the easiest ways to jeopardize your credentials. In this post, you’ll learn more about what constitutes ethical misconduct, get details on the disciplinary action process for California educators, and find out when to seek help from a lawyer. Disciplinar
As a nurse, you may think when you post on Facebook or enter into a discussion on a nursing forum, your remarks are private and protected. But in reality, anything you post on social media can potentially become public, resulting in severe issues for your license<
From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. Regardless of the reason, if you are a pharmacist who is accused of either of these violations, it can result in disciplinary action against your license by the California State Board of Pharmacy (CBP). In addition, y
If you’re a nurse, you are likely familiar with the importance of following standard of care guidelines that outline what you should and should not do to provide quality care to your patients. Although standards of care may sound like common sense, with changing regulations, procedures, and technologies, they can sometimes be tricky to navigate.
Attorney Advertising or Solicitation California real estate licenses can be restricted, suspended, or revoked for a wide variety of reasons. If yours has been revoked or restricted, how should you go about getting it back? There are several steps you can take, which we’ll outline below. We will also tell you about when it is i
It is incredibly rare that a California medical license is revoked. According to the LA Times, in the fiscal year 2018, 43 doctors lost their licenses but only seven licenses were revoked due to gross negligence. However, in a recent nationally-reported ne
As a doctor, you’ve probably heard that “physician disruptive behavior” is something you should avoid. It can jeopardize your license and result in disciplinary action that can impact your license and your career. Unfortunately, physician disruptive behavior can be difficult to define. Since many are not aware of the definition, a doctor m
One of the scariest situations a doctor can find themselves in is a medical malpractice lawsuit. According to the American Medical Association, 1 in 3 doctors has had a medical malpractice suit filed against them, with the likelihood increasing to 1 in 2 by age 55. Not only are medical malpractice cases costly, they can shatter doctors’ reputa
Real estate agents know that building relationships with clients is all about trust. Part of ensuring your credibility means abiding by the real estate code of ethics. But what happens when an ethical complaint from a client or the Department of Real Estate arises? This situation can be incredibly worrisome because it can put your real estate licen
All practicing physicians know that high-stress levels, long hours, and the pressure to care for patients can take a toll on their physical and mental health. Unfortunately, in an attempt to alleviate these ever-present issues, many doctors turn to drugs and alcohol. Doctors are just as prone to substance abuse as other people, and drug use can qui
As a psychologist, there are many ethical gray areas you may encounter. Unfortunately, many of these can lead to disciplinary action by the board, or even legal action. In order to avoid ethical violations and keep your license in good standing, it is essenti
As a nurse, the most important thing you can do to ensure the safety of your patients is to properly observe, assess and monitor each and every person under your care. If you fail to do so and an injury or death occurs, you may be subjected to disciplinary action or even held legally liable. Most legal cases involving improper observations by nu
All licensed professionals in the state of California are subject to board enforcement for complaints, and dentists are no exception. The Dental Board of California has a specific Enforcement Program that is tasked with investigating both criminal and administrative violations. Unfortunately, the process for enforcing complaints can be confusing
People employed in the insurance industry can be subject to a variety of violations investigations that can lead to license suspension, fines, and other penalties. Below you’ll learn more about common violations the Department of Insurance investigates so you can ensure that you are operating your business legally. We’ll also tell you how to
Violations of real estate law are unfortunately very common in California, often because brokers don’t know that they’re committing a crime. Below you’ll learn about six common enforcement violations that result in disciplinary action for real estate b
If you are employed as a teacher in the State of California and were recently convicted of a DUI, you’re probably very worried about how it will impact your career. Since the profession takes DUIs very seriously, you are right to be concerned. That said, whether or not a DUI will be detrimental to your career depends on the details of your parti
Whether you are a nurse, a child care provider, a teacher, or another licensed professional, be
If you are a nurse who has recently found yourself at the center of a California Board of Registered Nursing complaint, you may be worried about what you need to do to protect your license. Below, you’ll learn about the best ways to handle the complaint and
Physicians licensed in the state of California are under a lot of legal pressure to notify the medical board about certain circumstances involving their patients and their practices. Although the board’s reporting requirements are relatively straightforward, an occasional refresher on what you need to report can ensure that you don’t make a small m
If you’re ready to start a career as a licensed child care provider in California, it’s essential that you start by understanding the requirements for licensure, which are rigorous and controlled by the Department of Social Services. Below you’ll learn
On May 6, we celebrated National Nurses Day in honor of the hard work and dedication of nurses nationwide. If you are a nurse, you know how essential your service is to your patients, but unfortunately even the best nurses struggle with complaints. As you can imagine, receiving a compla
If you’re preparing to apply for a license in behavioral sciences or renew your existing license, knowing how to make the process go as smoothly as possible can save you substantial time and stress. Even more importantly, by taking the proper steps you’ll ensure that your license remains valid. Types of licenses In California, there are
If you are a contractor offering home improvement services, understanding laws surrounding consumers’ rights to cancel services is essential. Below is an overview of what you need to know to make sure you handle cancellations according to legal requirement
Whether you are already a member of a licensed profession or are preparing to apply for a license, knowing how licensing boards work and how they can impact your license is a must. Below you’ll learn about what boards do and how they can affect your licensure. In the U.S., licensing is a state-based system, which means that state licensing bo
Whether you’re applying for a physician’s license, a nursing license, a real estate license, or an insurance license, it’s essential that you know and adhere to the licensing board’s mandatory reporting requirements for any crimes you’ve committed. If you fail to do so, even unknowingly, your license may be denied. Learn about mandatory reporting
If you work in the healthcare field, having a full understanding of the specific actions that can cause you to lose your license is essential. Below you’ll learn more about what to avoid in order to keep your license in good standing. Criminal Conviction A
The California Chamber of Commerce has issued several new employment laws that became effective on January 1, 2018, several of which will affect business licenses in specific industries. Construction Contractors AB 1701 imposes liability on
Your career, business and professional license are the cornerstone of your future, and that of your family. We all understand the importance of the government’s role in ensuring that each licensee is equipped with the knowledge, background, and experience to be licensed by the State of California.
From March 8-10, 2011, the Contractor’s State License Board conducted one of your twice yearly undercover sting operations in order to catch unlicensed contractors. 736
Starting in July 2010, the California Board of Registered Nursing started filing Accusations (charges of violations of the law) against licensed nurses in the State of California in response to a report issued, comparing enforcement information of the Board with the National Council of State Boards of Nursing’s license verification database.
If you receive an Accusation from your licensing Board or Agency, you have been charged with violating the rules and regulations governing your license. You may have a conviction which the licensing agency believes is substantially related to the practice of your profession;
Here is a Basic Guide to Defending an Accusation that I have created for AVVO.COM. For More information, contact Scott J. Harris, Esq., at 323-370-6139.
As reported by the LA Times today, (see article link below), the role of nurses is going to expand in the coming years. As nurse practitioners begin to take on the role of primary care providers, at some point, new regulations are bound to arise.
Last week, the LA Times had an op-ed piece about the City of Los Angeles and its enforcement, or lack there of, regarding laws regulating massage parlors. 731
As reported by the LA Times, in its Article entitled, “California medical board revokes license of ‘Octomom’ doctor”, the Medical Board of California has taken action as the result of charges related to gross negligence in the practice of medicine by a fertility Doctor.
The California Board of Barbering and Cosmetology has outlawed fish pedicures. Don’t know what this is? A so-called fish predicure is when you place your feet into a tub full of carp that eat away at the dead skin of your feet. Sound clean?
According to the LA Times, the California Medical Board may be a “failed regulator”. You can view the LA Times article on this topic by visiting this link What does this mean for California doctors? It could mean that they are truly less regulated.
The California Department of Consumers Affairs and the Bureau of Automotive Repair have indicated that they have obtained an Interim Suspension Order (“ISO”) against a Los Angeles Smog Check Emissions Technician and Automotive Repair Dealer for clean-piping.
UFC fighter Chael Sonnen can reapply for a license any time after his license expires. The California Athletic Commission has reviewed its decision, and because they have suspended Sonnen’s license, and not revoked it, he is free to seek relicensure as soon as his license expires.
Top leaders of the California Commission on Teacher Credentialing are stepping down after criticism over how the agency has been run, and how they have conducted investigations and discipline teachers. How will this change affect teachers?
The laws and rules that govern how state professional licensing agencies like the Board of Registered Nursing, Medical Board of California, Dental Board of California, and others, govern licensees with substance abuse problems changed significantly starting in January 2010.
Starting in 2012, the Contractors’ State License Board (CSLB) is now issuing licenses to Limited Liability Companies, in addition to corporations and individuals. 629
If your licensing agency serves you with an Accusation, you must submit a Notice of Defense in order to secure your rights to defend yourself. Usually you will have only 15 days from the date on which the Accusation was sent to you to file the Notice of Defense.
As a professional license defense attorney, I am committed to your professional future. I represent clients in Los Angeles County and throughout California in a wide range of professional license defense matters.
For a 30-minute free consultation with a lawyer, call 310-361-8585 or fill out the contact form on this page.
