Vocational NursingDisciplinary Proceedings
Section § 2875
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.
Section § 2876
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.
Section § 2877
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.
Section § 2878
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.
Section § 2878.1
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.
Section § 2878.2
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.
Section § 2878.5
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.
Section § 2878.6
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.
Section § 2878.7
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.
Section § 2878.8
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.
Section § 2878.9
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.
Section § 2879
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.