Nurse Arrested for Domestic Violence Receives Citation
by Adam G. Slote on June 16, 2013An RN arrested for domestic violence received a citation from the California Board of Registered Nursing.
Board of Registered Nursing
An RN arrested for domestic violence received a citation from the California Board of Registered Nursing.
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.
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.
In 2012, the California Court of Appeal will decide whether the Board of Registered Nursing can order an RN to serve probation because of a single DUI conviction. This appeal comes after our second successful petition for writ of administrative mandate in San Francisco Superior Court.
The California Board of Registered Nursing filed an Accusation against a registered nurse (R.N.) seeking discipline based on revocation in another state. In fact, our client’s license had been reinstated in the other state. We presented documents explaining the nature of the out-of-state revocation and reinstatement, and the Board of Registered Nursing dismissed the Accusation.
There were three key factors to the defense of the case:
A California registered nurse (R.N.) was convicted of alcohol-related reckless driving after being charged with driving under the influence of alcohol (DUI). The conviction was a first-time offense, and there was no evidence of alcohol abuse or dependence.
Nevertheless, the Board of Registered Nursing demanded that the nurse submit to a psychological evaluation, physical evaluation, random urine tests, and substance abuse rehabilitation. Since there was no evidence of any alcohol problem, we believed that the conditions demanded by the Board were unreasonable.