If you receive a notice that you are under investigation by the California Board of Registered Nursing, you may feel an overwhelming sense of uncertainty. You might have questions about how long the investigation will take and how long it will be before you know the outcome.
The timeline for nursing investigations in California can vary depending on the complexity of the allegations and the board’s caseload. By familiarizing yourself with the process and securing a nursing license defense lawyer early, you can prepare yourself for the road ahead.
Here’s what to expect if your nursing license is under investigation, including how to protect yourself by turning to legal counsel.
How Long Will My California Board of Registered Nursing Investigation Take?
Typically, board investigations begin when a complaint is filed. The California Board of Registered Nursing can also launch its own inquiry, although this is less common. Why the investigation begins doesn’t have much impact on the timeline. What matters most is the nature of the allegations you are facing and how complex the case is.
The board uses a methodical process for nurse investigations, which is why most investigations take from six months to a year to complete. During this time, the board will:
- Review the allegations against you
- Collect evidence
- Interview witnesses
- Examine relevant medical records
You will likely be interviewed, and you may have an opportunity to present character witnesses who can speak to your professionalism and integrity as a nurse.
There is no way to expedite the investigation, nor should you try to. When your professional future is at stake, you want the board to perform its due diligence. You don’t want it to conduct a haphazard investigation or make decisions based on a partial view of the facts.
When you receive your initial notice, identify any important deadlines, as well as anything the board requires from you. Take care of yourself and do your best to alleviate stress in a healthy way. Spending your nights worrying about the investigation’s progress is not productive.
If you want to do something, hire a nursing license defense attorney. They will take the lead and act in your best interests.
What Happens During the Investigation?
Early in the investigation, you’ll receive a notice that the board received a complaint about you. Often, the Board will request that you voluntarily authorize the release of your employment records. While this is often recommended, you should consider consulting an attorney. As the investigation progresses, you will also receive periodic updates. However, several months can pass between updates. This might feel like an eternity when your professional reputation as a nurse is on the chopping block.
In the background, the Board will focus on collecting evidence and gathering facts. It is common for the Board to interview the complaining parties, others who have potential knowledge about the matter, and ultimately, you as the licensee. Typically, you will be one of the last people interviewed by the investigator. Having an experienced attorney who can assist you in preparing for your interview may be integral to your defense.
The investigator is just a fact-finder. They will not provide an opinion on your case. When the investigator completes the investigation, your file is sent to the Board’s Enforcement Division for review. A Board consultant, or specialty expert, may review the allegations.
The purpose of this is to determine whether you violated the law. The Board must have proof that you violated the law or an established standard of nursing practice before it can take disciplinary action against you.
How Will a Complaint Be Resolved?
The complaint may be resolved in several ways, including:
- Dismissal of the complaint
- A hearing where you argue your case
- Final disciplinary action
This disciplinary action can take the form of mandatory education, a probationary period, a suspension, or a revocation of your license.
Is There Anything I Can Do to Speed Up the Process?
You may be eager to leave the complaint behind you and get back to work as a nurse. However, rushing the process can actually be detrimental to your case, as you may inadvertently volunteer too much information or forgo your rights.
Either of these mistakes could expand the scope of the investigation or hurt your case. They can also cause the investigation to drag out for even longer and prevent you from going back to your practice.
Instead of asking “How can I speed things up?” you should consider how you can protect your professional reputation as a nurse, comply with the requirements of the investigation, and look out for your interests. A nursing license defense lawyer is the answer.
An experienced attorney who understands the California Board of Registered Nursing’s investigative process will work to protect you. They’ll advise you on how to comply with the investigation, and they’ll present evidence that acts in your favor.
Your lawyer will build a strategy for resolving the matter in a timely manner while taking advantage of built-in administrative mechanisms that give you an opportunity to defend your reputation.
Let S J Harris Law Protect Your Professional Reputation
The team at S J Harris Law is committed to providing nurse license defense services to nursing professionals across California. Our experienced lawyer offers subject matter expertise and helps you navigate defending your nursing license during an investigation. We can help you review all board investigation accusations and help you along the investigation process.
Our goal is to help you get back to doing what you love: caring for patients. Contact us to schedule your free 30-minute phone consultation.
