Disciplinary Proceedings - Nursing - Business & Professions - CA

Section § 2750

This section of the law states that anyone holding a professional certificate or license, including temporary or inactive ones, can face disciplinary action. The term 'license' here covers all kinds of professional credentials. Any disciplinary process will follow specific procedures outlined in another part of the law, and a board has the authority to carry this out.

Every certificate holder or licensee, including licensees holding temporary licenses, or licensees holding licenses placed in an inactive status, may be disciplined as provided in this article. As used in this article, “license” includes certificate, registration, or any other authorization to engage in practice regulated by this chapter. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

certificate holder licensee temporary licenses

Section § 2751

This law allows the nursing board to accept a nurse's decision to give up their license without formal charges if they're unable to practice safely due to a mental or physical illness. This is only for cases that would normally go through a different legal process. Nurses can withdraw from this agreement until it’s signed, opting instead for a formal disciplinary procedure. The agreement makes the license surrender public, treats it as a disciplinary action, and allows the nurse to ask for their license back after at least a year. If they want their license reinstated, they must prove they're capable of practicing nursing safely again.

(a) Notwithstanding any other law, the board may, in its discretion, accept the surrender of a license through a stipulated agreement in the absence of a pleading when the ability of a registered nurse to practice nursing safely is impaired due to mental or physical illness.

(b) This alternative proceeding shall apply only to cases that would otherwise have been processed pursuant to Section 820.

(c) Until the time that the licensee signs the stipulated agreement for license surrender, he or she may elect to have the disciplinary process conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(d) The stipulated agreement in this alternative proceeding shall specify that:

(1) The license surrender shall be public information and shall be considered a disciplinary action.

(2) The licensee may petition the board for reinstatement after a period of not less than one year after the effective date of the decision.

(3) Any reinstatement proceeding shall be conducted pursuant to Section 2760.1.

(4) Upon seeking reinstatement, it is the responsibility of the former licensee to submit competent evidence of the ability to safely and competently practice as a registered nurse.

license surrender mental illness physical illness

Section § 2759

This law says that the board responsible for nursing licenses can punish a nurse if they've messed up or have been found guilty after a hearing. The punishment options include things like putting them on probation, taking away their ability to practice nursing for up to a year, revoking their license completely, or other actions the board feels are appropriate.

The board shall discipline the holder of any license, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:

(a) Suspending judgment.

(b) Placing upon them probation.

(c) Suspending their right to practice nursing for a period not exceeding one year.

(d) Revoking their license.

(e) Taking other action in relation to disciplining them as the board in its discretion may deem proper.

discipline nursing license probation

Section § 2760

If a nurse's license is suspended, they cannot practice nursing while suspended. After the suspension ends, they can start practicing again unless they violated the suspension by practicing during that time. If they did, their license will be revoked permanently.

(a) If the holder of a license is suspended, they shall not be entitled to practice nursing during the term of suspension.

(b) Upon expiration of the term of suspension, they shall be reinstated by the board and shall be entitled to resume the practice of nursing unless it is established to the satisfaction of the board that they have practiced nursing in this state during the term of suspension. In this event, the board shall revoke their license.

nursing license suspension license reinstatement practicing during suspension

Section § 2760.1

If a registered nurse in California has had their license revoked, suspended, or placed on probation, they can ask for a change in their situation after waiting a certain amount of time. They must show clear evidence that they deserve this change. The board will hold a hearing, and the nurse needs to prove why they should get their license back or have penalties reduced. The board can decide to put conditions on any reinstatement. If the nurse is currently serving a criminal sentence, they can't file a petition. Also, the board can deny petitions filed within two years of a decision if certain criteria aren't met.

(a) A registered nurse whose license has been revoked or suspended or who has been placed on probation may petition the board for reinstatement or modification of penalty, including reduction or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the decision ordering that disciplinary action, or if the order of the board or any portion of it is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety, or for a registered nurse whose initial license application is subject to a disciplinary decision, from the date the initial license was issued:

(1) Except as otherwise provided in this section, at least three years for reinstatement of a license that was revoked, except that the board may, in its sole discretion, specify in its order a lesser period of time provided that the period shall be not less than one year.

(2) At least two years for early termination of a probation period of three years or more.

(3) At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination of probation of less than three years.

(b) The board shall give notice to the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and an opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition.

(c) The hearing may be continued from time to time as the board deems appropriate.

(d)

(1) The petition may be heard by the board or the board may assign the petition to an administrative law judge of the Office of Administrative Hearings.

(2) If the board assigns the petition to an administrative law judge, the administrative law judge shall submit a proposed decision, as specified in Section 11517 of the Government Code, to the board for its consideration, which shall include reasons supporting the proposed decision.

(e) The board may grant or deny the petition, or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction of penalty.

(f) In considering a petition for reinstatement or modification of a penalty, the board or the administrative law judge shall evaluate and consider evidence of rehabilitation submitted by the petitioner using criteria specified in regulations promulgated by the board.

(g) The board may impose, or the administrative law judge may recommend, terms and conditions on the petitioner in reinstating a license, certificate, or permit or in modifying a penalty.

(h) The petitioner shall provide a current set of fingerprints accompanied by the necessary fingerprinting fee.

(i) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole, or subject to an order of registration pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.

(j) Except in those cases where the petitioner has been disciplined pursuant to Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.

registered nurse license reinstatement probation termination

Section § 2761

This section outlines reasons why the nursing board can discipline a nurse or deny their license application. This includes unprofessional conduct like incompetence, convictions related to practicing medicine without a license, and misleading advertising. Other grounds include fraud or mistakes in obtaining a license, breaking relevant laws or regulations, hiding convictions, impersonation, helping others break the law, falsely claiming credentials, and failing to follow infection control guidelines. The board also educates nurses about the responsibility to minimize the spread of infections.

The board may take disciplinary action against a certified or licensed nurse or deny an application for a certificate or license for any of the following:

(a) Unprofessional conduct, which includes, but is not limited to, the following:

(1) Incompetence or gross negligence in carrying out usual certified or licensed nursing functions.

(2) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event the record of conviction shall be conclusive evidence thereof.

(3) The use of advertising relating to nursing that violates Section 17500.

(4) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license or certificate by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action.

(b) Procuring their certificate or license by fraud, misrepresentation, or mistake.

(c) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violating of, or conspiring to violate any provision or term of this chapter or regulations adopted pursuant to it.

(d) Making or giving any false statement or information in connection with the application for issuance of a certificate or license.

(e) Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of a registered nurse, in which event the record of the conviction shall be conclusive evidence thereof.

(f) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a certificate or license.

(g) Impersonating another certified or licensed practitioner, or permitting or allowing another person to use their certificate or license for the purpose of nursing the sick or afflicted.

(h) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of, or arranging for, a violation of any of the provisions of Article 12 (commencing with Section 2220) of Chapter 5.

(i) Holding oneself out to the public or to any practitioner of the healing arts as a nurse practitioner or as meeting the standards established by the board for a nurse practitioner unless meeting the standards established by the board pursuant to Article 8 (commencing with Section 2834) or holding oneself out to the public as being certified by the board as a nurse anesthetist, nurse midwife, clinical nurse specialist, or public health nurse unless the person is at the time certified by the board.

(j)

(1) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensed or certified nurse to patient, from patient to patient, and from patient to licensed or certified nurse. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the Podiatric Medical Board of California, the Dental Board of California, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.

(2) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates to minimize the risk of transmission of blood-borne infectious diseases from health care provider to patient, from patient to patient, and from patient to health care provider, and of the most recent scientifically recognized safeguards for minimizing the risks of transmission.

disciplinary action unprofessional conduct incompetence

Section § 2761.1

This law makes it clear that a nurse practitioner's license or certification in California cannot be suspended or revoked just for performing an abortion, as long as the procedure follows specific legal guidelines. Moreover, if a nurse practitioner is licensed in another state and faced discipline or a conviction there solely for performing an abortion, California will not use that as a reason to deny or discipline their license here.

(a) The board shall not suspend or revoke the certification or license of a nurse practitioner solely for performing an abortion if the holder performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).

(b) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, and 2761, the board shall not deny an application for certification or licensure as a nurse practitioner, or suspend, revoke, or otherwise impose discipline upon a person certified or licensed in this state as a nurse practitioner under either of the following circumstances:

(1) The person is licensed or certified as a nurse practitioner in another state and was disciplined in that state solely for performing an abortion in that state.

(2) The person is licensed or certified as a nurse practitioner in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state.

nurse practitioner abortion licensure protection

Section § 2761.5

This section calls for a study to improve how the nursing board in California receives information about nurses who may have broken the rules. The California Research Bureau was tasked with reporting to the Legislature by January 1, 2019. The study should look at current reporting requirements and employer practices about reporting disciplined nurses to the board. It also examines how other departments and states handle similar reporting requirements.

It is the intent of the Legislature to provide for a study of reporting mechanisms to the board so that it can identify methods of receiving timely information on nurses who may have violated this chapter. The California Research Bureau shall prepare and deliver a report to the Legislature by January 1, 2019, that evaluates to what extent employers voluntarily report disciplined nurses to the board and offers options for consistent and reasonable reporting mechanisms. The report shall include, but not be limited to, the following:

(a) A review of existing mandatory reporting requirements that alert the board to nurses who may have violated this chapter.

(b) A review of existing laws permitting, prohibiting, encouraging, or discouraging voluntary reporting to the board.

(c) An analysis of the number of employer reports to the board, the number of those reports investigated by the board, and the final action taken by the board for each report.

(d) Employer reporting requirements of other boards within the department.

(e) Nursing reporting requirements of other states.

nursing board reporting disciplined nurses California Research Bureau

Section § 2762

This law outlines what is considered unprofessional conduct for licensed individuals, particularly in relation to drugs and substances. It is unprofessional for these licensed individuals to illegally obtain, possess, or improperly handle controlled substances or dangerous drugs. They shouldn't use these substances or alcohol in ways that threaten their safety or the safety of others. If convicted of a crime related to these substances, or if they're committed for addiction, this reflects negatively on their professional standing. Additionally, falsifying or making significant errors in records related to these substances is also considered unprofessional.

In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following:

(a) Obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to themselves, or furnish or administer to another, any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code or any dangerous drug or dangerous device as defined in Section 4022.

(b) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug or dangerous device as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to themselves, any other person, or the public or to the extent that such use impairs their ability to conduct with safety to the public the practice authorized by their license.

(c) Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a) of this section, in which event the record of the conviction is conclusive evidence thereof.

(d) Be committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a) and (b) of this section, in which event the court order of commitment or confinement is prima facie evidence of such commitment or confinement.

(e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a) of this section.

unprofessional conduct controlled substances dangerous drugs

Section § 2764

This law explains that even if a professional license has expired or is suspended, or if a person gives it up willingly, the relevant board still has the authority to investigate or take disciplinary actions, including suspending or revoking the license.

The lapsing or suspension of a license by operation of law or by order or decision of the board or a court of law, or the voluntary surrender of a license by a licentiate shall not deprive the board of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such license, or to render a decision suspending or revoking such license.

license suspension voluntary surrender disciplinary proceeding

Section § 2765

If a registered nurse is found guilty or pleads no contest to a crime that impacts their professional duties, it counts as a conviction. This means the nursing board can suspend or revoke their license, or refuse to issue one. This action can happen once the time for appeal has passed or the conviction is confirmed on appeal, even if the person later withdraws their guilty plea or the verdict is set aside.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a registered nurse is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

nolo contendere registered nurse license suspension

Nursing

NursingDisciplinary Proceedings

Section § 2750

Section § 2751

Section § 2759

Section § 2760

Section § 2760.1

Section § 2761

Section § 2761.1

Section § 2761.5

Section § 2762

Section § 2764

Section § 2765

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