The effect of criminal convictions on California professional licenses
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 Stephen M. Boreman on May 15, 2017
California's attitudes toward drunk driving and the laws reflecting those attitudes, including the laws, policies and regulations of the Medical Board of California, find their roots in the political success of Mothers Against Drunk Driving (MADD), a private, non-profit organization. In 1980, Candace "Candy" Lightner founded Mothers Against Drunk Drivers (MADD) after her thirteen year old daughter, Cari, was killed by a drunk driver with a record of prior drunk driving offenses. By 1984 the organization had attracted the attention of U.S. politicians.
by Stephen M. Boreman on May 27, 2016
An applicant with an expunged felony conviction record for possession of drugs applied to and graduated from medical school after completing probation on the criminal charges. The applicant was completely transparent with the medical school and all subsequent training programs regarding the prior conviction. He fully disclosed the record to the Medical Board on his license application, understanding that even expunged records must be reported under California law.
by Stephen M. Boreman on November 16, 2015
A California medical resident was applying for his Physician and Surgeon's Certificate. Question No. 55 on the Medical Board's application form asked for disclosure of all criminal offenses, including felonies, misdemeanors and infractions, except for charges "dismissed under section 1000.3 of the California Penal Code or equivalent non-California laws". The resident did not know if this meant he had to disclose three offenses committed when he was an adult but treated as a minor relative to alcohol and False I.D. matters that occurred while he was in college in another state.
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.