Administrative Law Topics: Alcohol / Drugs

Professional license denials, suspension and revocations based on Alcohol and Drugs

Nurse With DUI Wins Back Revoked License After New Administrative Hearing

Our client is a California registered nurse who was convicted of driving under the influence of alcohol (DUI) with a high blood alcohol level and a minor accident. The arrest was an isolated incident by an RN who had no prior record. A psychiatrist evaluated the nurse and found no indication of a substance abuse problem. 

Occupational Therapist Convicted of DUI Reaches Settlement After Suing CBOT

Our client is a California OT, who was convicted of driving under the influence of alcohol (DUI) for the second time. The DUI was not work related and a psychologist determined that our client does not have an alcohol problem.

Should CA RNs Report Pending DUI Cases?

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.

RNs with a DUI: Fear Not Scary Web Sites

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."

Legislation Attacks Physicians Prescribing Pain Medications

Lately there has been a lot of noise in the news media about the Medical Board of California and question of whether doctors are over-prescribing pain medications.  As California administrative law attorneys representing doctors in accusation hearings, we are concerned when the public focus turns to blaming doctors and physician assistants for the lack of treatment and control of drug addiction, rather than looking to the source of th

Medical Board Terminates Physician's Probation Early

The Medical Board of California granted our Petition for Penalty Relief after an administrative hearing.  Our client is a physician who accepted his original California Medical License with five years of probation because of a conviction for driving under the influence of alcohol as a medical resident.  After two years of probation, we petitioned for early termination of the California medical license probation.  

RN Loses Single DUI Case Before Court of Appeal

We previously wrote about our victory appealing (by writ of administrative mandate) discipline against a registered nurse solely because of a single off-duty DUI conviction.  See RN With Single DUI Wins in Superior Court—Nursing Board Appeals.  In that case, the Board of Registered Nursing (BRN) ordered the revocation of our client's RN license subject to a stay of the revocation and probation for three years with employment supervision requirements.

Doctor Discloses DUI -- No Action by Medical Board of California

Our client is a medical doctor who was convicted of driving under the influence of alcohol in California. California physicians are required to report misdemeanor criminal convictions within 30 days. (See Business and Professions Code section 802.1.)  We prepared a report letter disclosing the conviction and explaining the circumstances.  Fortunately, the doctor's DUI was a first time offense and his or her blood alcohol level was close to the legal limit.

Nurse With DUI Wins Public Reprimand After Administrative Hearing

Our client is a registered nurse who was convicted of driving under the influence of alcohol. In 2010, the California Board of Registered Nursing filed an Accusation against the RN alleging that the DUI conviction was substantially related to the qualifications, functions and duties of a registered nurse, and that the DUI was unprofessional conduct.

Teacher with DUI: California Commission for Teacher Credentialing (CTC) Cannot Automatically Suspend or Revoke Credential

If a teacher has a DUI conviction, can the state Commission on Teacher Credentialing (CTC) utilize a “per se” standard and conclude that the person is aromatically disqualified as a matter of law from teaching in California?  The answer is no.  In the case of Broney v. California Commission on Teacher Credentialing, the court rejected use of a  “per se” rule.