Section § 2875

Explanation

This law states that a person who holds a professional license can face disciplinary action as outlined in this article. Any such actions will follow specific procedures set by another set of rules, and the board will have full authority as described in those procedures.

Every licensee may be disciplined as provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

Section § 2876

Explanation

This law outlines the ways the board can discipline vocational nursing license holders in California if they're found guilty of a violation. Disciplinary actions can include suspending judgment, putting the licensee on probation, suspending their right to practice for up to a year, revoking the license, or any other action deemed appropriate. The board can also allow its executive office to handle decisions on cases where a license is surrendered or a default is entered.

(a)CA Business & Professions Code § 2876(a) 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:
(1)CA Business & Professions Code § 2876(a)(1) Suspending judgment.
(2)CA Business & Professions Code § 2876(a)(2) Placing the licensee on probation.
(3)CA Business & Professions Code § 2876(a)(3) Suspending the licensee’s right to practice vocational nursing for a period not exceeding one year.
(4)CA Business & Professions Code § 2876(a)(4) Revoking the licensee’s license.
(5)CA Business & Professions Code § 2876(a)(5) Taking such other action in relation to disciplining the licensee as the board in its discretion may deem proper.
(b)CA Business & Professions Code § 2876(b) The board shall delegate to its executive office the authority to adopt a decision entered by default and a stipulation for surrender of a license.

Section § 2877

Explanation

If a nurse's license is suspended, they can't work as a vocational nurse and must return the license to the board. Once the suspension ends, the board will give back the license unless it finds the nurse worked while suspended. If they did, the board will revoke the license completely.

If the holder of a license is suspended, the licensee shall not be entitled to practice vocational nursing during the term of suspension and shall return the license to the board.
Upon the expiration of the term of suspension, the licensee shall be reinstated by the board and shall be entitled to resume the practice of vocational nursing unless it is established to the satisfaction of the board that the licensee has practiced vocational nursing in this state during the term of suspension. In this event, the board shall revoke the license.

Section § 2878

Explanation

This law outlines reasons why a nurse's license can be suspended or revoked. It includes acts of unprofessional conduct such as incompetence, not keeping patient information private, using false advertising, using excessive force, or practicing medicine without the necessary license. Fraudulent actions, like lying on a license application or impersonating another professional, are also grounds for license loss. Crimes related to nursing duties, sexually related crimes, or helping others break medical laws can lead to license suspension or revocation. The law stresses following infection control guidelines to protect patients and emphasizes keeping healthcare workers informed about preventing disease transmission.

The board may suspend or revoke a license issued under this chapter for any of the following:
(a)CA Business & Professions Code § 2878(a) Unprofessional conduct, which includes, but is not limited to, any of the following:
(1)CA Business & Professions Code § 2878(a)(1) Incompetence, or gross negligence in carrying out usual nursing functions.
(2)CA Business & Professions Code § 2878(a)(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 of the conviction.
(3)CA Business & Professions Code § 2878(a)(3) The use of advertising relating to nursing which violates Section 17500.
(4)CA Business & Professions Code § 2878(a)(4) The use of excessive force upon or the mistreatment or abuse of any patient. For the purposes of this paragraph, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances.
(5)CA Business & Professions Code § 2878(a)(5) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law.
(6)CA Business & Professions Code § 2878(a)(6) Failure to report to the commission any act prohibited by this section.
(b)CA Business & Professions Code § 2878(b) Procuring a certificate by fraud, misrepresentation, or mistake.
(c)CA Business & Professions Code § 2878(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.
(d)CA Business & Professions Code § 2878(d) Making or giving any false statement or information in connection with the application for issuance of a license.
(e)CA Business & Professions Code § 2878(e) Conviction of a crime substantially related to the qualifications, functions, and duties of a licensed vocational nurse, in which event the record of the conviction shall be conclusive evidence of the conviction.
(f)CA Business & Professions Code § 2878(f) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(g)CA Business & Professions Code § 2878(g) Impersonating another practitioner, misrepresenting professional credentials or licensure status, or permitting another person to use the licensee’s certificate or license.
(h)CA Business & Professions Code § 2878(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 Article 12 (commencing with Section 2220) of Chapter 5.
(i)CA Business & Professions Code § 2878(i) The commission of any act involving dishonesty, when that action is related to the duties and functions of the licensee.
(j)CA Business & Professions Code § 2878(j) The commission of any act punishable as a sexually related crime, if that act is substantially related to the duties and functions of the licensee.
(k)CA Business & Professions Code § 2878(k) 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 licensee to patient, from patient to patient, and from patient to licensee. 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 Board of Dental Examiners, and the Board of Registered Nursing, to encourage appropriate consistency in the implementation of this subdivision.
(l)CA Business & Professions Code § 2878(l) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.

Section § 2878.1

Explanation

If a licensed vocational nurse knows someone has broken certain nursing rules, they must report it to the board and help out with any investigation. Employers need to tell the board if they suspend, fire, or have a nurse quit for reasons like substance abuse or patient abuse. This includes agencies when a nurse isn't allowed to work because of similar issues. Failing to report can result in fines, but reporting is protected from civil penalties. All reports are confidential and the board will enforce these rules if they have the funds.

(a)CA Business & Professions Code § 2878.1(a) If a licensed vocational nurse has knowledge that another person has committed any act prohibited by Section 2878, the licensed vocational nurse shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required.
(b)CA Business & Professions Code § 2878.1(b) Any employer of a licensed vocational nurse shall report to the board the suspension or termination for cause, or resignation for cause, of any licensed vocational nurse in its employ. In the case of licensed vocational nurses employed by the state, the report shall not be made until after the conclusion of the review process specified in Section 52.6 of Title 2 of the California Code of Regulations and Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. This required reporting shall not constitute a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (d) and shall not be subject to discovery in civil cases.
(c)CA Business & Professions Code § 2878.1(c) An employment agency or nursing registry shall report to the board the rejection from assignment of a licensed vocational nurse by a health facility or home health care provider due to acts that would be cause for suspension or termination as described in subdivision (d).
(d)CA Business & Professions Code § 2878.1(d) For purposes of this section, “suspension, termination, or resignation for cause” or “rejection from assignment” are defined as suspension, termination, or resignation from employment, or rejection from assignment, for any of the following reasons:
(1)CA Business & Professions Code § 2878.1(d)(1) Use of controlled substances or alcohol to the extent that it impairs the licensee’s ability to safely practice vocational nursing.
(2)CA Business & Professions Code § 2878.1(d)(2) Unlawful sale of a controlled substance or other prescription items.
(3)CA Business & Professions Code § 2878.1(d)(3) Patient or client abuse, neglect, physical harm, or sexual contact with a patient or client.
(4)CA Business & Professions Code § 2878.1(d)(4) Falsification of medical records.
(5)CA Business & Professions Code § 2878.1(d)(5) Gross negligence or incompetence.
(6)CA Business & Professions Code § 2878.1(d)(6) Theft from patients or clients, other employees, or the employer.
(e)CA Business & Professions Code § 2878.1(e) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.
(f)CA Business & Professions Code § 2878.1(f) Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.
(g)CA Business & Professions Code § 2878.1(g) The board shall implement this section contingent upon the necessary funding in the annual Budget Act.
(h)CA Business & Professions Code § 2878.1(h) For purposes of this section, “employer” includes employment agencies and nursing registries.

Section § 2878.2

Explanation

This law requires that any complaints or investigation details related to respiratory care services be shared with the Respiratory Care Board of California. This includes all related data, findings, interviews, and evidence.

The board shall share all complaints and information related to investigations involving respiratory care services, as described in Chapter 8.3 (commencing with Section 3700), including, but not limited to, data, findings, interviews, and evidence, with the Respiratory Care Board of California.

Section § 2878.5

Explanation

Under this section, it's considered unprofessional for a licensed professional to illegally obtain or handle controlled substances or dangerous drugs unless directed by certain medical practitioners. Using these substances in a harmful way or that impairs their professional duties, being convicted of related crimes, or being committed for addiction issues also constitutes unprofessional conduct. Additionally, falsifying records about these drugs is 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)CA Business & Professions Code § 2878.5(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 the licensee 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 as defined in Section 4022.
(b)CA Business & Professions Code § 2878.5(b) Use any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the licensee, any other person, or the public, or to the extent that the use impairs the licensee’s ability to conduct with safety to the public the practice authorized by their license.
(c)CA Business & Professions Code § 2878.5(c) Be convicted of a criminal offense involving possession of any narcotic or dangerous drug, or the prescription, consumption, or self-administration of any of the substances described in subdivisions (a) and (b) of this section, in which event the record of the conviction is conclusive evidence thereof.
(d)CA Business & Professions Code § 2878.5(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 that commitment or confinement.
(e)CA Business & Professions Code § 2878.5(e) Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to narcotics or dangerous drugs as specified in subdivision (b).

Section § 2878.6

Explanation

This section states that if a licensed vocational nurse is found guilty or pleads no contest to a crime related to their job, it's considered a conviction. The board overseeing nursing licenses can then suspend or revoke the nurse's license, or refuse to issue a license. This can happen once the appeal period is over, the conviction is upheld on appeal, or probation is granted. This is true even if the conviction is later dismissed or altered under certain legal provisions.

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 licensed vocational nurse is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, 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 such person to withdraw his 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.

Section § 2878.7

Explanation

If you've had your professional license revoked, suspended, surrendered, or put on probation in California, you can ask for it back or ask for a lighter penalty after some time has passed. The waiting period depends on your situation: three years if your license was revoked or surrendered (but possibly less if the board allows it), two years for ending long probation early, and one year for shorter probation or modifications. You must prove convincingly at a hearing that you deserve the changes. The board decides on your petition and can set conditions, but you can't apply if you're serving a sentence, on probation, or facing new charges. Some petitions can be denied without a hearing if filed too soon after a previous decision.

(a)CA Business & Professions Code § 2878.7(a) A person whose license has been revoked, suspended, surrendered, or placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation, after a period not less than the following minimum periods has elapsed from the effective date of the disciplinary order or if any portion of the order is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety:
(1)CA Business & Professions Code § 2878.7(a)(1) Except as otherwise provided in this section, at least three years for the reinstatement of a license that was revoked or surrendered, except that the board may, in its sole discretion, specify in its order a lesser period of time, which shall be no less than one year, to petition for reinstatement.
(2)CA Business & Professions Code § 2878.7(a)(2) At least two years for the early termination of a probation period of three years or more.
(3)CA Business & Professions Code § 2878.7(a)(3) At least one year for the early termination of a probation period of less than three years.
(4)CA Business & Professions Code § 2878.7(a)(4) At least one year for the modification of a condition of probation, or for the reinstatement of a license revoked for mental or physical illness.
(b)CA Business & Professions Code § 2878.7(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 the petitioner is entitled to the relief sought in the petition.
(c)CA Business & Professions Code § 2878.7(c) The board itself or the administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.
(d)CA Business & Professions Code § 2878.7(d) 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.
(e)CA Business & Professions Code § 2878.7(e) 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.
(f)CA Business & Professions Code § 2878.7(f) Except in those cases where the petitioner has been disciplined for a violation of 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.
(g)CA Business & Professions Code § 2878.7(g) Nothing in this section shall be deemed to alter the provisions of Sections 822 and 823.

Section § 2878.8

Explanation

This law allows a board to deny, suspend, or revoke a license if the applicant or license holder has faced similar disciplinary actions like denial or suspension in another state or by any other governmental body or California health board. If a certified document shows those actions, that's enough proof, as long as the actions would also be considered wrong in California.

The board may deny any application or may suspend or revoke any license issued under this chapter based upon the denial of licensure, suspension, restriction, or other disciplinary action of a license by another state, any other government agency, or by another California health care professional licensing board. A certified copy of the finding shall be conclusive evidence of that action provided that, if from another state, the findings establish an act which if committed in California would be grounds for discipline.

Section § 2878.9

Explanation

This section allows the board to issue a probationary license to applicants who have violated certain rules but meet other criteria for licensure. Terms of probation may include medical treatment, rehabilitation, avoiding substance use, and following all laws in the chapter. Special consideration is given to applicants whose criminal convictions have been dismissed. Applicants can submit evidence of rehabilitation, and the board may change the probation terms if requested. Probationary licenses have a three-year limit, and there are set guidelines for moving from probation to a standard license, which include supervision and regular reporting requirements.

(a)CA Business & Professions Code § 2878.9(a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license.
(b)CA Business & Professions Code § 2878.9(b) Specific terms and conditions may include, but are not limited to, the following:
(1)CA Business & Professions Code § 2878.9(b)(1) Continuing medical, psychiatric, or psychological treatment.
(2)CA Business & Professions Code § 2878.9(b)(2) Ongoing participation in a specified rehabilitation program.
(3)CA Business & Professions Code § 2878.9(b)(3) Abstention from the use of alcohol or drugs.
(4)CA Business & Professions Code § 2878.9(b)(4) Compliance with all provisions of this chapter.
(c)Copy CA Business & Professions Code § 2878.9(c)
(1)Copy CA Business & Professions Code § 2878.9(c)(1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2)CA Business & Professions Code § 2878.9(c)(2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board.
(d)CA Business & Professions Code § 2878.9(d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee.
(e)CA Business & Professions Code § 2878.9(e) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following:
(1)CA Business & Professions Code § 2878.9(e)(1) A three-year limit on the individual probationary license.
(2)CA Business & Professions Code § 2878.9(e)(2) A process to obtain a standard license for applicants who were issued a probationary license.
(3)CA Business & Professions Code § 2878.9(e)(3) Supervision requirements.
(4)CA Business & Professions Code § 2878.9(e)(4) Compliance and quarterly reporting requirements.

Section § 2879

Explanation

This section allows the board to revoke, suspend, or deny professional licenses on disciplinary grounds. If an application is denied, the board must explain why, considering any rehabilitation efforts. If a denial involves criminal history, the board will provide a copy of this record if requested, ensuring confidentiality. A hearing on a license denial must occur within 90 days if requested by the applicant.

(a)CA Business & Professions Code § 2879(a) Notwithstanding Section 2878 or any other law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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.
(b)CA Business & Professions Code § 2879(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.
(c)CA Business & Professions Code § 2879(c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following:
(1)CA Business & Professions Code § 2879(c)(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2)CA Business & Professions Code § 2879(c)(2) Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3)CA Business & Professions Code § 2879(c)(3) If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed vocational nurse.
(d)CA Business & Professions Code § 2879(d) Commencing July 1, 2009, all of the following shall apply:
(1)CA Business & Professions Code § 2879(d)(1) If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of the applicant’s criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.
(A)CA Business & Professions Code § 2879(d)(1)(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B)CA Business & Professions Code § 2879(d)(1)(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer.
(C)CA Business & Professions Code § 2879(d)(1)(C) The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2)CA Business & Professions Code § 2879(d)(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e)CA Business & Professions Code § 2879(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.