The California Board of Registered Nursing (BRN), along with other regulatory agencies, establishes laws and guidelines to protect public health, patient safety, and overall welfare. Making sure that registered nurses (RNs) are properly trained and compliant with these regulations is necessary for maintaining safe, competent, and ethical healthcare practices.
Holding a Board of Nursing (California) license carries significant responsibilities. When a nurse is accused of violating these responsibilities — whether by practicing outside their legal scope, lacking proper licensure, or violating ethical or professional standards — any concerned party, including patients, coworkers, employers, or other healthcare professionals, can file a complaint alleging misconduct.
If a complaint is filed against you, and the BRN or another agency decides to move forward with an investigation, it is important to act quickly and strategically.
If you have received a formal charge or accusation, from the BRN or another regulatory body, it means that an investigation has found enough evidence to support the allegations of misconduct. To protect your nursing license, our attorneys recommend taking immediate action.
Upon receiving the accusation, you have 15 days from the date you received it, to file a Notice of Defense. This notice essentially lets the Board know that you intend to appear in court to defend your case with an experienced California nursing license defense attorney by your side. Without filing this notice, the Board may issue a default decision against you.
A California nursing license defense lawyer can help you understand your legal options, gather and organize evidence, prepare a strong defense, and guide you through the hearing process to ensure your side of the story is presented clearly and according to the law.
Together with your nurse license defense attorney (California), gather all relevant documentation and evidence to support your case. This might include employment records (i.e., performance evaluations or disciplinary actions), patient records that comply with HIPAA regulations, continuing education certificates, reference letters from supervisors or colleagues, or other documentation depending on the specific circumstances of your case.
Alongside your lawyer, prepare a statement of defense that is professional, clear, and to the point. This will outline your side of the story, respond to the charges, and demonstrate why the allegations should not lead to disciplinary action. Your attorney will guide you on what points to emphasize and how to best present your defense.
Administrative hearings in California are formal legal proceedings run by an Administrative Law Judge (ALJ). The BRN will be represented by the Office of the Attorney General, and you have the right to be represented by an attorney.
During the hearing, we recommend the following:
If you are under investigation or waiting for a hearing, be cautious about discussing the matter with colleagues or supervisors. Anything you share can be used against you in the hearing, so it is best to keep details confidential. Oversharing can create misunderstandings and turn a private matter into workplace gossip.
If your employer is involved in the investigation, approach any conversation professionally, and refer all legal questions to your attorney — at the end of the day, the nursing license defense lawyers are the experts!
From the moment a complaint is filed to gathering evidence and representing you at the hearing, a California nurse license defense attorney can assist you every step of the way.
As one of the nation’s leading healthcare firms, Fenton Jurkowitz Law Group is dedicated to walking you through the legal process if you are facing a California Nursing Board hearing. We encourage you to consult with one of our skilled California nursing license defense lawyers as soon as possible to begin your case preparations.