Receiving an accusation from the California Board of Registered Nursing can leave you stunned and unsure of what your next steps should be. You could be picturing the worst-case scenarios, such as losing your license forever. Fearing the worst can paralyze you and keep you from taking the necessary steps to defend your livelihood.
But what should your next actions be? Consulting a CA nurse accusation defense attorney can offer vital information on what you need to do to face the accusation and get the best possible outcome.
Read the Accusation from the California Board of Registered Nursing
In order for the California Nursing Board to begin disciplinary measures, it must first notify you that a complaint that appears to have merit has been made against you. The board does this by filing an accusation.
An accusation is a formal document that clearly states all of the reasons the board has for considering disciplinary action. The accusation also outlines the board’s authority and its ability to demand that disciplinary actions take place. The accusation will be mailed to your address and posted publicly on Nursys.
You should carefully read through the accusation and then consider whether you need to file a notice of defense. In most instances, that is a vital step to take and one you only have 15 days to complete. If you don’t do so, the nursing board will take disciplinary action without giving you a chance to defend yourself.
Review Additional Information
When you receive the accusation, it will come with more documents. You should receive a request for discovery, paperwork to file the notice of defense, and a statement to the respondent.
The statement to the respondent offers information on the deputy attorney general, who will be representing the board, as well as explaining other aspects of the process.
Hire a California Nurse Accusation Defense Attorney
One of the most important steps you can take after receiving the accusation is to hire an attorney. With legal representation, you can tackle the various aspects of the case and the allegations against you more effectively. Your attorney will show you what evidence can help prove that you didn’t do what the complaint claims or that there were mitigating circumstances to keep in mind.
They can also help you understand your options—whether a stipulated settlement or a hearing is the best path forward. It’s important to understand how California’s laws apply to your situation, as they can significantly influence the outcome of your case.
In every case, don’t try to go through this process without a defense of accusation attorney because you could be putting your license at risk.
File the Notice of Defense
Once you have a lawyer helping you, the first thing they will do is file the notice of defense. Your counsel will do much more than just fill out the paperwork. They will request a copy of everything related to discovery and present affirmative defenses so that they’re on record.
Additionally, your lawyer will work to have the hearing set in a location that is cost-effective for you. You will also get a chance to choose the date and time that is most convenient.
Prepare for the Hearing
Together with your CA nurse accusation defense attorney, you can start preparing for the hearing. Your counsel will gather a variety of evidence to defend you against the accusation made against your license.
At the same time, your attorney will start creating a mitigation package. That package can help convince the board that you deserve a more lenient disciplinary action. It’s important to be prepared for all eventualities.
Attend the Hearing
The hearing will take place in front of an administrative law judge. It usually doesn’t occur in a courtroom but could instead take place at a location provided by the Office of Administrative Hearings. At the hearing, you and your counsel, as well as the deputy attorney general and the judge, will be present.
Both sides will be able to argue their case, after which the judge will consider all evidence and make a decision. It can take a few weeks to receive the judge’s ruling.
Understand the Ruling and Your Options
If you’re certain the judge’s ruling is not correct and you and your attorney believe that there were factual or legal errors made during the hearing, you may be able to ask for a review of the case. Otherwise, the judge’s decision and order will be submitted to the license board for them to either adopt, modify, or reject. Unlike criminal court, where the judge has the last word, here, the judge’s order is only a suggestion to the licensing board.
Often, the decision and order will require you to go through probation. You will receive the notice of probation, and it will contain all of the requirements you will have to meet. If you violate these requirements, the board could revoke your license.
If you’re ever unsure of any aspect of the judge’s ruling and board’s final decision, getting answers from your lawyer can ensure you don’t do anything to affect your chances of returning to work normally as a nurse.
Depend on Trusted California License Defense Lawyers
If the BRN receives a complaint against you and chooses to pursue it by filing an accusation, acting quickly is essential. Hiring a lawyer should be at the top of your to-do list.
With a lawyer representing you, you have a better chance to present a strong defense that tackles everything the board claims. Even if you’re not fully able to clear your name, a lawyer could help you receive more lenient disciplinary actions.
They will also be able to guide you regarding your options. Not everyone will benefit from a hearing, for example. If that’s the case, a stipulated settlement might be a better option.
At Unlock Legal, we have decades of experience helping professionals who are worried about losing their licenses. We have worked on numerous cases involving nurses, helping them receive the most appropriate results. We know how difficult this process is, and we’ll do everything possible to make it just a bit easier for you.
The moment you receive the notice of an accusation from the board, contact Unlock Legal. We will help you understand what your next steps should be.
