The California Board of Registered Nurses (BRN) oversees the meticulous process it takes to become a nurse. They are responsible for maintaining the high standards set forth for nurses to ensure the health of the public. The process of getting licensed is a difficult process, while the slightest minor error while nursing can result in getting a nurse’s license stripped. Here, you can learn how to protect your nurse’s license.
What is the purpose of the Board of Nurses?
The BRN is in place to ensure that nurses are complying and sticking to strict standards set forth to make sure that public health is properly taken care of. The BRN works off of the Nursing Practice Act, which allows members of the BRN to investigate and take complaints against nurses in the field. Members of the BRN have the ability to strip someone of their authority to become a nurse or deny a new applicant from becoming a nurse. The board takes every complaint of nurses into account and investigates each complaint fully, which can lead to bad news for a nurse. Without the help of a legal expert, the BRN has the authority to fully strip someone of their license without being able to fight back. It’s crucial to get the help of a legal expert once the BRN starts an investigation.
What are the requirements to become a nurse?
There are quite a few requirements set forth by the BRN in order to become a licensed nurse. For many applicants, the process can be quick and easy if they complete the required courses and have the proper background. The BRN requires that in order to become a nurse, one must:
-Go to school to become a nurse. The BRN site listed here has a list of registered schools that one may apply to in order to become a registered nurse. The required courses should be explained to you once you visit the school you will want to go to.
-Disclose any convictions to the board. This could be a big problem for many nurses, as convictions could be a problem for the board. California law requires all nurses to disclose any criminal convictions that have happened in-state or out of state. This also includes expunged or dismissed convictions. Even if the applicant had received a diversion, they must disclose this to the board. Many applicants fail to do so, thinking that if they have had the record expunged, they do not need to state any convictions. This is simply not the case. If the board receives an application in which the applicant states that they haven’t been convicted of a crime, but the board investigates and finds that the applicant had committed a crime, they would deny the applicant’s license. In cases where an applicant has prior convictions, it’s vital to call an attorney for help. With the help of an attorney, they could argue that the crime that has been committed does not relate to the public or public health, nor would the conviction affect the quality of care given from the applicant.
After an applicant completes the required courses and fills out the application properly, then the BRN may proceed with granting a license. If you’ve had prior convictions, it’s important to contact an attorney before filing any applications with the BRN. This could be the difference between being granted your application or being denied.
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How can I appeal to the board of nurses?
If you’ve been stripped of your nurse’s license or have been denied from the application process, the first step you should take is contacting an attorney. Each case is different, and every circumstance is different. Your attorney would need to know the in’s and out’s of your situation, your prior history if you’ve been denied an application, or the circumstances leading up to your license being stripped. All of this information matters to the board of nurses and to your attorney. Your attorney would start out by filing a Statement of Issues Matter, or a legal appeal to the claim. Without the help of a legal expert, most people cannot fight off the BRN or send a statement filing an appeal with them.
Some common complaints received by the board include that the nurse did not offer accurate care, had acted unsafely, inappropriately, or had given the wrong medicine to the patient. The board takes each and every complaint seriously and will fully investigate the matter. Some less common complaints include sexual harassment, fraud, deceit, HIPAA violations, or actions performed by the nurse that they are unlicensed to do so. Some complaints out of BRN jurisdiction include billing and tax information, as well as payment information. The BRN does not cover these complaints, as they are taken up by the hospital and insurance companies.
Once an investigation starts, the board will determine whether or not the complaint is valid, or whether more information is needed. If the nurse is accused of abusing drugs or alcohol, they will be drug tested to determine whether or not this is true. The nurse may qualify for a diversion program. Depending on the circumstances of the incident, the investigation could be a lengthy process. Investigators would review evidence, interview people, and gather the rest of the evidence needed to come to a conclusion. Once the investigators do come to a conclusion, they must write out their findings and decision to the BRN. Of course, if no violation is found, the case will be closed. If investigators do find a crime or violation of the Nurses Practice Act, the nurse will be referred to the Attorney General’s office.
How can I appeal to the BRN?
To be able to fight against the board, the first step a nurse should take is contacting an attorney. Your attorney could start out by filing a petition for reinstatement. Typically nurses don’t get their licenses permanently revoked, but if the suspension lasts over a year a nurse may file a petition one year after they had been suspended. The first step your attorney would advise you of is to ensure that you’re not on probation or parole. The BRN will not reinstate anyone who is on probation or parole and requires these individuals to finish their sentences. The second step is to complete a rehabilitation course, such as drug or alcohol rehab. Your attorney would be able to speak to the board of nurses to prove to them that you have completed your rehabilitation courses and have changed as a person for the better. Depending on the circumstances and the severity of the suspension, the BRN could deny your claim. It could take several tries in order for the board to reinstate your nurse’s license.
Contact Pride Legal
If you or a loved one has gotten their nursing’ license revoked or suspended, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
