Vocational Nurse License Defense

The California Board of Vocational Nursing licenses qualified and competent vocational nurses and psychiatric technicians. The board’s purpose is to ensure the highest quality of care for patients. The board focuses on the following to protect patient safety:

• Licensing of vocational nurses
• Education
• Prescribing regulations that govern the practice
• Disciplinary and enforcement actions against vocational nurses and psychiatric technicians who are alleged to break the rules

The board has eleven members, including several licensed vocational nurses. The board’s regulations are found in Title 16 of the California Code of Regulations.

To practice as a vocational nurse in California, you need to obtain a license. You must pass an examination before you can be licensed. Then, you must remain in good standing and maintain your license.

License Applications, Denials and Statement of Issues

Applying for your nursing license is exciting because it is one of the last hurdles before you can begin your nursing career. For many the application process is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your BVNPT application on your behalf to make sure that you have the best chance of having it granted.

If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the BVNPT with the intention that you are granted your license free and clear. If you must be on probation, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.

Investigation

If someone files a complaint against you with the BVNPT, the BVNPT may instigate an investigation against you. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.

Accusations

An Accusation is a formal complaint drafted by the Attorney General’s office. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your nursing license.

It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.

When the Board May Take Disciplinary Action

The board may be notified of alleged misconduct in the form of a client complaint, or they may learn of information on their own. The board may take disciplinary action for a number of reasons, including:

• Practicing medicine without a license
• Incompetence or gross negligence
• Excessive force, abuse, or mistreatment of a patient
• Procuring a license through fraud
• Failure to report certain required events
• Failure to protect the confidentiality of patient medical information
• Drug or alcohol abuse
• A conviction that relates substantially to the duties of nursing (not including drug or alcohol convictions)
• Failure to meet continuing education requirements
• Continuing education was not accepted by the board
• Accused of continuing education fraud

Potential Disciplinary Penalties

The board will consider a number of factors before deciding on discipline. They may consider the scope of the misconduct, along with the circumstances under which it occurred. Here are some of the potential disciplinary penalties that the board may impose:

• Placing you on probation (which requires supervision and prevents you from acting as a charge nurse)
• Suspending your license
• Revoking your license
• Requiring you to pay the costs associated with enforcement
• Requiring you to take continuing education
• Ordering you into drug and alcohol treatment

If your license is suspended, you may need additional testing and education before you can resume practicing.

Your professional license is your livelihood. When you are a trained vocational nurse, your job is not only how you earn a living, but it is also your identity. You have worked hard to get where you are, and a disciplinary charge can undo everything.

Petition for Reinstatement of License or Reduction of Penalties

If you have lost your nursing license you are not locked out of the career of your choice. After a certain amount of time you are eligible to ask the BVNPT to grant your license again. In addition, you can generally request that the terms and conditions of probation be modified or terminated early. The legal team at Unlock Legal has filed petitions for reinstatement for many nurses who made one mistake, and who have paid the price. We love to demonstrate mitigating circumstances and rehabilitation to the BVNPT to get our nurses back in the hospitals or care facilities as soon as possible!

How a License Defense Attorney Helps You

Just because the board charges you with misconduct does not mean that you will automatically lose your ability to practice. When you hire a license defense attorney, your lawyer may do the following:

• Work to defend you from false allegations
• Engage with the board to ensure that you are not charged
• Present your side of the story
• Negotiate with the board for a lesser penalty
• Defend you at a hearing in front of the board or an appeal to a California court

Contact a California Vocational Nurse License Defense Attorney Today

The attorneys at Unlock Legal work to defend vocational nurses and other licensed professionals when they are facing disciplinary proceedings. If you learn that you are being investigated or charged, call us today at (949) 988-4444 or reach out to us online.