Nursing, Board of Registered

Board of Registered Nursing

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RN with DUI Wins Public Reproval After Administrative Hearing in LA

by Adam G. Slote on June 03, 2017

Our client is an RN who was convicted of driving under the influence of alcohol (DUI) with a blood alcohol level measured at 0.20%. There was also a minor rear-end collision, but the registered nurse was off duty.  This was an isolated incident by an excellent RN who has strong support from a supervisor and colleagues.  Furthermore, an addiction psychiatrist determined that our client does not have an alcohol problem.

Reporting Criminal Convictions to the CA 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:

RN Wins Dismissal of Accusation Alleging Failure to Follow Orders by Doctor

by Adam G. Slote on July 19, 2015

A California hospital terminated a group of ICU nurses. The nurses believe it was a cost cutting measure by a new manager. The hospital claims that a narcotics audit revealed improprieties regarding the administration of narcotics. The hospital terminated the nurses and reported them to the Board of Registered Nursing. We represented one of the nurses.

Nurse With DUI Wins Back Revoked License After New Administrative Hearing

by Adam G. Slote on March 16, 2015

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. 

Deferred Entry of Judgment: Do I Have to Report it to My Licensing Agency in CA?

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.)

Should CA RNs Report Pending DUI Cases?

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.

RNs with a DUI: Fear Not Scary Web Sites

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."

Board of Registered Nursing Closes Investigation of Delayed Medication

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

Acupuncture Board Closes Investigation of Patient Sex Complaint

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.)