Professional license denials, suspension and revocations based on Alcohol and Drugs
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 Stephen M. Boreman on June 27, 2013
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
by Adam G. Slote on February 19, 2013
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.
by Adam G. Slote on August 19, 2012
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.
by Adam G. Slote on April 02, 2012
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.
by Adam G. Slote on March 29, 2012
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.
by Bo Links on June 16, 2010
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.
by Adam G. Slote on May 30, 2010
Our client is a nurse with a long nursing career and no record of discipline. She was recently convicted of driving under the influence of alcohol (DUI)--a first offense. In 2009, we started seeing cases in which the California Board of Registered Nursing filed Accusations based on first-time DUIs. In this case, we were successful in convincing the Board that our client's case does not warrant disciplinary action. The investigation has been closed.
by Adam G. Slote on May 30, 2010
Our client is an EMT (Emergency Medical Technician) licensed by the California Emergency Medical Services Authority (EMSA). The EMSA subpoenaed our client’s medical records from a local hospital in response to allegations of illicit drug use by an anonymous source. In order to protect our client’s right to privacy, we filed objections to the subpoena with the hospital and filed suit in the Bay Area to quash the subpoena. In response to our lawsuit, the EMSA filed a separate action against the hospital to enforce the subpoena in Sacramento Superior Court.