You worked extremely hard to obtain your nursing license and pursue a career in healthcare. When you find out that the California Board of Registered Nursing (BRN) is issuing a nursing license revocation, it can feel like all of your hard work is being undone.
The good news is that you can challenge a nursing license revocation in California. Here’s what you need to know about building strong nursing license defense arguments.
Common Reasons for Nursing License Revocation in California
The BRN may issue a California nursing license revocation order for several reasons. Some common reasons for the investigation against nurses include the following:
Deficient Record Keeping
As a nurse, you are required to maintain meticulous patient records. If the BRN believes that a nurse’s charting abilities are subpar, it may initiate disciplinary proceedings on the grounds of deficient record keeping.
The nursing board could discover you are not keeping the report consistent with sound clinical practices. If it does, the board will likely move to suspend your license or place you on professional probation, keeping you out of your practice.
These cases can be challenging to contest. The BRN typically reviews recordkeeping evidence before initiating the nursing license revocation process. This means it has already determined that the evidence is sufficient to warrant further inquiry.
In other words, if your case gets to this point, the odds are already stacked against you. That’s why it’s vital for you to retain experienced legal representation so you can protect your license.
DUI/Substance Abuse Issues
If you’re struggling with alcohol or drug-related abuse issues, your nursing license could be in danger of revocation or probation. The BRN can initiate a nursing license revocation due to a conviction for DUI or drug charges. The board also has the authority to initiate punitive proceedings if you are showing signs of substance abuse or misuse.
Fortunately, the Board of Registered Nursing offers diversion opportunities to provide you with confidential counseling. Additionally, numerous private and third-party organizations, like S J Harris Law, can connect you with the resources you need to move beyond your substance abuse challenges.
Standard of Care Issues
California has some of the strictest standard of care laws in the nation. If the BRN is concerned that you’re deviating from them, it can initiate the nursing license revocation process.
Allegations of incompetence, gross negligence, or unprofessional conduct can be the basis of these proceedings. If you’re facing similar allegations, it’s vital that you proactively protect your license by retaining experienced legal representation.
Steps to Challenge a Revocation
The best opportunity to defend your license and reputation is when you receive the initial nursing license revocation notice. Here’s how you can fight against the board’s disciplinary action.
Timely Filing of Notice of Defense
Upon receiving the accusation — a formal document outlining the charges against you — you have 15 days to file a Notice of Defense. This document informs the nursing board that you intend to contest the allegations and request a hearing. Failing to submit this notice within the stipulated time frame may result in a default decision against you.
Discovery Phase
After filing your notice, you and the board enter the discovery process. It’s vital to have experienced legal representation during this stage. Your attorney and the board will exchange evidence and information pertinent to the case. This phase allows you to view the evidence the BRN has brought against you and prepare your defense accordingly.
Administrative Hearing
You’ll appear before an administrative law judge (ALJ) for an administrative hearing, during which your attorney and the board will present evidence and make arguments. If there are any witnesses, they will be called to speak. Think of this hearing as a less formal version of a trial. The ALJ will make a decision based on the evidence presented.
BRN Decision
During a nursing license revocation hearing, the ALJ’s decision is not binding. The BRN will review the ALJ’s proposal. It can accept, modify, or reject it. The BRN’s final decision will determine whether your license is reinstated or remains revoked. It can also impose other disciplinary actions.
Appeal to Superior Court
If the BRN comes to an unfavorable decision, you can appeal it in a superior court proceeding. New evidence is typically not allowed during this review process. Instead, the judicial reviewers consider whether the BRN’s decision was supported by substantial evidence.
How to Increase the Odds of Success
Here are some strategies to increase your odds of building a strong nursing license defense:
Realize the Burden of Proof Is on You
BRN hearings are not criminal defense proceedings, which means the burden of proof is on you. You have to demonstrate that you are a competent nurse and that the accusations against you do not justify a license revocation.
Gather Compelling Evidence
You’ll need to gather evidence to support your claim and push back against the BRN’s allegations. This may involve calling character witnesses to speak to your professionalism or providing testimony that explains your actions.
Gathering evidence in nursing license revocation hearings can be challenging because of patient privacy laws. Make sure you perform this defense process lawfully.
Mentally Prepare for the Hearing
Board of Nursing hearings can be incredibly stressful. Your reputation and skill as a nurse are being called into question. Mentally prepare for the hearing and do your best to stay calm. You want to demonstrate your professionalism and poise under pressure.
Hire a Nursing Board Defense Lawyer for License Reinstatement
The most important step when facing a nursing license revocation is to hire an attorney with subject matter expertise in nursing license proceedings. An experienced defense lawyer can help you navigate the dispute and the suspension appeals process and protect your right to work as a nurse in California.
Request a Consultation With S J Harris Law
Are you facing a nursing license revocation in California? As a nursing license defense attorney, S J Harris Law in CA is here to help. Our firm represents clients throughout California and stands up to protect your professional reputation and help you with the revocation and potential reinstatement of your license if suspended. Contact us to schedule a consultation.
