Board of Registered Nursing
Board of Registered Nursing
by Adam G. Slote on May 27, 2017
California Registered Nurses (RNs) have always been required to disclose criminal convictions on license applications and on license renewal applications. However starting in July of 2014, the Board imposed a duty on Registered Nurses to self-report felony and misdemeanor convictions within 30 days. Nursing regulation section 1441 (16 CCR 1441) defines unprofessional conduct to include:
(c) Failure to report to the board, within 30 days, any of the following:
by Adam G. Slote on August 25, 2014
After successful completion of diversion or deferred entry of judgment in California under Penal Code sections 1001.9 and 1000.4,the arrest and diversion or deferred entry of judgment is deemed not to have occurred, and the licensee or applicant “may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted [or granted deferred entry of judgment] for the offense….” (Penal Code sections 1001.9 and 1000.4.)
by Adam G. Slote on August 23, 2014
California RNs often ask the question: "I have a DUI case pending in criminal court and I may go to trial or settle, should I report the case on my license renewal application?"
The answer is No. As of the date of this article, the CA Board of Registered Nursing's license renewal application requires disclosure of criminal convictions, but not pending cases. Some nurses ask whether they should report the case anyway to make the Board of Registered Nursing look upon them more favorably. We have no data to suggest this approach would be helpful and do not recommend it.
by Adam G. Slote on January 23, 2014
An RN who was convicted of driving under the influence of alcohol called in terror after reading a legal web site which stated:
"The Board of Registered Nursing is by far the harshest, with revocation as the recommended discipline for a first time DUI."
by Adam G. Slote on December 11, 2013
The Board of Registered Nursing investigated our client's role in treatment of a hospital patient after a malpractice settlement. Our client was one of several nurses involved in the patient's treatment. The malpractice lawsuit alleged professional negligence against the treating physicians and hospital. One of the allegations was that the administration of a single medication was delayed. The hospital settled the case and allocated a small percentage of responsibility to our client without the nurse's knowledge. Years later, a Special Investigator from the Board of Registered Nursing
by Adam G. Slote on December 03, 2013
The California Board of Acupunture investigated our client because of a complaint that the Acupuncturist had sexual relations with a patient. California law prohibits acupuncturists, physicians (doctors), dentists, chiropractors, psychologists, psychiatrists, psychotherapists, nurses and other health care professionals from having sexual relations with patients. (California Business and Professions Code Section 726.)