Unlock Legal, an Orange County professional license defense firm, often works with nurses who find themselves facing allegations of professional misconduct. Last year, a registered nurse hired us to represent her when an Accusation alleging incompetence, and negligence was filed against her.
Investigation Process
Before filing an Accusation, the BRN conducted a thorough investigation. This involves gathering evidence, interviewing witnesses, and reviewing documentation related to the alleged misconduct. Understanding this process is important because it determines whether an official accusation will be filed.
The nurse could have tried fighting the charges herself or take the offer that was given by the Board of Registered Nursing (BRN). The offer she received was standard: admit the charges, accept three years of probation with standard terms and conditions, and pay for cost recovery. But we knew we could get her a better deal.
Stipulated Agreement Context
Settlement agreements with the BRN are typically formal stipulated agreements, which are legally binding contracts between the nurse and the BRN. These agreements resolve the disciplinary matter without going to a full administrative hearing, providing a structured resolution while avoiding the uncertainty of trial outcomes.
Unlock Legal submitted a mitigation packet on the nurse’s behalf and negotiated with the Deputy Attorney General who was representing the BRN. Our client declined the offer and set the matter for hearing.
BRN Considerations
When determining disciplinary action and evaluating settlement terms, the BRN considers several factors: the severity of the offense, potential harm to the public or patients, any prior disciplinary history, and evidence of rehabilitation or mitigating circumstances. Presenting evidence that the nurse has completed continuing education, counseling, or other steps to address professional responsibilities can be crucial in negotiating a more favorable outcome.
As the hearing approached, the Deputy Attorney General reopened negotiations to discuss the settlement. Two days before the hearing, we relayed an offer to our client that was too good to pass up: a Letter of Public Reproval with a class, soft admissions, and a 20% reduction in the cost recovery. Our client wanted to fight for her innocence at the hearing, but she realized that the offer on the table was acceptable when weighed against the uncertainty of the hearing results.
A Letter of Public Reproval, or Public Reprimand, is the lowest form of discipline in California. There is no probation and no restrictions on the nurse’s license. After three years, the Letter of Public Reproval is removed from the nurse’s record.
Broader Disciplinary Actions
Other forms of BRN disciplinary action can include probation, suspension, voluntary surrender, or revocation of a license. The severity of action depends on the circumstances, and all actions typically remain part of the nurse’s permanent record, even if a settlement is reached.
Related Article: Case Study: Expunging Criminal Records and Obtaining Registered Nursing License
Getting soft admissions as part of the offer was also a win for us. Soft admissions mean that the nurse agrees that the charges, if proved at the hearing, could be true, but the nurse does not have to admit to the charges in the Accusation.
Purpose of Negotiation
Negotiating a settlement is aimed at achieving a less severe outcome than might result from a full administrative hearing. This can mean avoiding probation, suspension, or revocation, or negotiating reduced terms for cost recovery or probation.
Lastly, cost recovery is the amount of money the BRN claims was spent on its investigation and trial preparation. The amount can sometimes be quite high, so a 20% reduction can make a significant difference.
Get Help Protecting Your Nursing License Today
We’re proud to be able to help defend the licenses of our clients, which come from a diverse range of career fields. Miranda McCroskey, Unlock Legal’s founder, has been defending her clients against government prosecution for almost 30 years. She and the Unlock Legal team are prepared to fight for your career.
Contact Unlock Legal today or give us a call at your convenience at 949-988-4444 to speak with a professional about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can.
Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals.
