If the California Board of Registered Nursing (BRN) receives a complaint against you and the investigation they conduct leads them to believe disciplinary action may be necessary, they will file an accusation. These accusations legally state the reasons why action may be needed and offer you the chance to present a defense.
In most cases, the next step is to ask for a hearing in front of the BRN. But what can you expect from this process? A CA nurse accusation defense attorney can offer insight into what a hearing can be like.
The Accusation and What to Do Next When Facing Allegations in California
If the BRN decides that the complaint against you is valid, the deputy attorney general, who is the board’s legal representation, will send you the accusation. This accusation will become public on the nursing board’s website. You should see it as an attempt to get you to voluntarily give up your license.
The accusation will tell you all of the details regarding the claim made against you, and it will also give you an idea of what your options are. It will tell you you’ll have to file the notice of defense within 15 days, otherwise, you could be giving up your chance of having a hearing.
Perhaps the most stressful part of the accusation is the prayer. This portion of the accusation calls for a revocation or suspension of your license.
At this point, it’s vital to hire a CA nurse accusation defense attorney to help you. The next steps you need to take are highly complex, and the hearing itself requires experienced representation, so don’t wait to find an accusation defense attorney. Your lawyer will help you set a hearing date and prepare all of the necessary evidence.
The California Board of Nursing Accusation Hearing Process
The BRN accusation hearing is an administrative hearing that occurs in front of an administrative law judge. This proceeding will not take place in a courtroom but will usually be done in a conference room instead. The judge will not wear a robe, either.
The main people in the room will be you, your lawyer, the deputy attorney general, and the judge. There may be expert witnesses or other observers present, but not a full audience.
As with other types of cases, both sides get the chance to present evidence and make their points.
Expect the deputy attorney general to dig up every mistake you’ve ever made professionally and to have gathered testimonies from coworkers that paint you as someone who shouldn’t be a nurse. This is normal, and you must not allow it to fluster you.
Your lawyer will do the opposite. They’ll bring up every positive aspect of your work and present glowing testimonies from other colleagues.
At the end of the hearing, the judge will take all of the information and use that to make their decision. You won’t leave the room with an outcome, however. It can take a few weeks to get an official ruling from the administrative law judge.
The ruling itself will go to the BRN, and they have the right to abide by what the judge says or to reject it and impose the disciplinary action the nursing board prefers.
Potential Outcomes of a BRN Accusation Hearing
The most common outcome of these hearings is probation, which will include a number of requirements you will need to meet. You may also have to pay fines or receive additional training.
License suspension and revocation are usually reserved for the most severe cases. If your license is revoked for a period of time, you will be able to reapply for it once that timeline is over, as long as you didn’t receive a conviction for a serious crime like murder or sexual assault.
However, reapplying for a license isn’t easy because it will fall on you to demonstrate that you are a good nurse who deserves to work in the field again. That can be difficult to do on your own, which is why attorneys are also helpful at this stage.
In some instances, it may be possible to file for a case review. This isn’t exactly an appeal, but it can function like it. You may only be able to request a review if there are factual or legal issues that impact the case.
Should You Hire an Accusation Defense Lawyer?
In all cases, hiring a lawyer is the most important thing you can do to preserve your license. An accusation hearing shouldn’t be taken lightly because it’s your livelihood on the line. If you wouldn’t go to a criminal trial without representation, you shouldn’t go to a BRN hearing without a lawyer, either.
Your lawyer will help you gather the appropriate evidence for the hearing and will determine the right defense strategy for your case. In some instances, finding mitigating evidence is necessary to help convince the BRN not to take the most severe stance on the disciplinary actions they assign.
At the hearing itself, your lawyer will also protect your rights and ensure the nursing board adheres to its own regulations and protocols. They’ll clearly present your case and address all of the concerns the board may have.
Once the judge makes their decision, your lawyer can also review the ruling to ensure there were no errors. If there are mistakes, it may be possible to file for a review.
How Unlock Legal Can Help with BRN Accusation Hearings
If you’re facing an accusation hearing, you shouldn’t try to prepare for it on your own. There’s too much at stake. Instead, hiring attorneys with experience in this area of the law can help prevent the worst consequences.
At Unlock Legal, our team of CA nurse accusation defense attorneys can help you understand your options and will gather the most pertinent evidence to form a robust defense. We have decades of experience helping nurses in California, so don’t wait to receive the assistance you deserve.
Contact our team at Unlock Legal to learn more about how we can help.
