California Professional License Defense Attorney
“DUIs and Registered Nursing Licenses”
The California Board of Registered Nursing files Accusations against the licenses of Registered Nurses convicted of a DUI. The Department of Justice notifies BRN when licensees are arrested for Driving Under the Influence. The California Attorney General’s Office represents BRN before the California Office of Administrative Hearings, also known as the Administrative Law Court.
The burden of proof in administrative hearings is preponderance of the evidence, a much lower standard than the beyond a reasonable doubt standard required in criminal law. Thus, Even if criminal charges involving alcohol or drugs against a Registered Nurse are dismissed, the Board of Registered Nursing can take disciplinary action. The California Supreme Court has ruled that a first offense DUI is substantially related to the duties, functions and qualifications of a Registered Nurse.
Several years ago, BRN created a diversion program for individuals convicted or arrested for alcohol and drug offenses. The diversion program is extremely intense, requiring a significant commitment. Registered Nurses who elect to participate in the program must take four to six months off from work. In fact, Registered Nurses who elect to fight their case against the Attorney General’s Office in the Office of Administrative Hearings often receive better results than if they had selected the diversion program.
Prior to conducting a Hearing, the Attorney General’s Office often enters into a Stipulated Agreement with a Registered Nurse. Factors involved in offering a Stipulated Agreement include the Blood Alcohol Concentration, or BAC, whether a traffic collision occurred and any other aggravating circumstances. In many situations, a Stipulated Agreement requires Registered Nurses undergo daily random biological fluid testing.
The random biological fluid testing program requires Registered Nurses to refrain from alcohol and drug use for the duration of the program. Participants must sign in each day. If the participant is randomly selected for testing, the participant must appear at a State of California approved lab facility. A positive test, or a missed test, will result in a probation violation filed by the Board of Registered Nursing. Due to the constraints imposed by this program, many Nurses seek to avoid this condition as part of a Stipulated Agreement.
If you are facing a California Board of Registered Nursing Accusation, contact California Professional License Defense attorney Seth Weinstein at (310) 707-7131.
We represent California Registered Nurses in applying for and defending California Nursing licenses in Alameda, Bakersfield, Beverly Hills, Chico, Concord, Contra Costa County, Cupertino, Davis, El Centro, Escondido, Eureka, Fontana, Fremont, Fresno, Hanford, Hayward, Hemet, Hollywood, Humboldt County, Imperial County, Indio, Kern County, Lancaster, Long Beach, Los Angeles, Madera, Marin County, Mendocino, Merced, Modesto, Monterey, Mountain View, Murrieta, Napa, Oakland, Oceanside, Ontario, Orange County, Oxnard, Palm Springs, Palmdale, Palo Alto, Paso Robles, Perris, Placerville, Rancho Cucamonga, Redding, Richmond, Riverside, Roseville, Sacramento, Salinas, San Bernardino, San Diego, San Francisco, San Joaquin County, San Jose, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara County, Santa Clarita, Santa Cruz, Santa Maria, Santa Monica, Santa Rosa, Simi Valley, Stockton, Sunnyvale, Temecula, Thousand Oaks, Tracy, Truckee, Tulare, Turlock, Vacaville, Vallejo, Ventura County, Victorville, Visalia, Vista, Walnut Creek, West Hollywood, and Yuba City.