11 Top Reasons Nurses Lose Their Licenses and How to Protect Yours

Being a nurse is difficult work. The long hours, high-stress situations, and the need to stay on top of medical protocols mean even the smallest slip-up can have major consequences. And in the worst cases, those mistakes can snowball into a legal nightmare where you risk losing your nursing license.

Whether it’s a medication error, allegations of misconduct, or issues with substance abuse, there are plenty of ways good nurses can find themselves in hot water and potentially have their careers derailed. That’s why, in this article, we’re discussing the most common pitfalls that lead to losing your nursing license in California.

1. Diverting Drugs at Work

Drug diversion, or the illegal distribution or use of prescription drugs, is a serious issue in the nursing profession.

Studies from the American Nursing Association estimate that 6% to 15% of nurses may struggle with substance abuse at some point in their careers, making diversion a major reason why nurses lose their licenses.

How Diversion Happens

Diverting behavior can take many forms, such as:

• Stealing medications from patients or the hospital supply.
• Forging prescriptions to obtain controlled substances.
• Using a patient’s medication for personal use.

If the agency finds you in violation, you will almost certainly face disciplinary action, including revocation of your nursing license. In addition to losing your license, you could also face criminal charges.

2. Gross Negligence, Incompetence, or Putting Patients at Risk

Another common reason for nursing license suspensions and revocations is gross misconduct or performing incompetent patient care.

This negligence occurs when a nurse fails to provide the level of care that a reasonably competent nurse would give in a similar situation, putting patients at risk of serious harm.

Workplace Negligence Examples

Some examples of gross conduct by nurses include:

• Administering the wrong medication or dose to a patient.
• Failing to monitor vital signs or respond to changes in patient condition.
• Making serious charting errors that compromise patient safety.

A single gross negligent act may result in BRN disciplinary action against your nursing license. And in severe or repeated negligence cases, the agency may revoke your license entirely.

If you are accused of gross negligence, consult our experienced professional license defense attorneys immediately to protect your livelihood.

3. Falsifying Patient Records

Accurate and honest charting is a fundamental duty for all nurses.

However, some circumstances tempt nurses to falsify patient records for various reasons, such as:

• Trying to cover up a medication error or treatment mistake.
• Documenting care that wasn’t actually provided to save time.
• Altering records in anticipation of a lawsuit or disciplinary action.

Falsifying medical records is unacceptable, as it jeopardizes the health and safety of patients who depend on complete and truthful documentation of their care.

It also violates the trust placed in nurses as healthcare professionals. In California, misdemeanor fines and penalties apply in record falsification cases, often resulting in suspension or revocation of your nursing license.

4. Boundary Violations and Sexual Misconduct

The nurse-patient relationship involves an inherent power imbalance that professionals must never exploit.

Wrongful Contact

Nurses who engage in inappropriate contact with patients, whether consensual or not, have violated their professional and ethical duties in the most outrageous manner possible.

Consent is Irrelevant

It includes not only sexual abuse and exploitation of vulnerable patients but also consensual romantic or sexual relationships. This misconduct is grounds for mandatory revocation of your nursing license in California.

Zero Tolerance Standard

Furthermore, the BRN has a “zero-tolerance policy” for nurses who breach sexual contact boundaries with patients.

Even nonsexual boundary violations, such as excessive self-disclosure or favoritism, can lead to disciplinary action against your license.

5. Practicing Nursing While Impaired by Drugs or Alcohol

As mentioned earlier, substance abuse is a serious problem in the nursing profession.

Nurses have incredibly stressful and emotionally taxing jobs, making them more vulnerable to self-medicating with substances. However, being under the influence of any intoxicating substance on the job is unacceptable.

An impaired nurse cannot practice safely and puts patients at significant risk of harm due to impaired judgment, slowed reaction times, and other deficits. The BRN compels nurses suspected of impairment to take drug tests. The agency will also suspend the professional’s license during mandatory treatment and recovery when a nurse tests positive.

Failure to complete rehab or subsequent relapses can result in license revocation.

6. Criminal Convictions May Cost You Your License

Nursing is a profession built on trust. So, the BRN holds its professionals to high ethical standards and law-abiding behavior.

The California Board of Registered Nurses may revoke the license of any nurse convicted of the following crimes:

• Physical or sexual abuse
• Child abuse or elder abuse
• Domestic violence
• Felony DUI or drug offenses
• Fraud or identity theft
• Most felony crimes
• Any violent crime

State courts must report all criminal verdicts and arrests involving nurses to the BRN within 30 days of the conviction. In general, felony offenses are more likely to result in revocation than misdemeanors.

However, a pattern of arrests and convictions will put your license at risk even for less serious crimes. Nurses must strive to be model citizens or risk losing the privilege of practicing their profession.

7. Failing to Report Patient Abuse or Neglect

As a nurse, you have a legal and ethical duty to report any suspected abuse or neglect of patients under your care.

This disclosure includes physical, emotional, or sexual abuse, as well as neglect of basic needs like food, water, and medical treatment.

Failing to report such mistreatment can lead to disciplinary action against your nursing license.

Why Nurses Fail to Report

Some nurses may be reluctant to report abuse out of fear of retaliation or uncertainty about what constitutes reportable conduct.

However, the risks of staying silent are too high.

Mandated Reporter Liability

BRN ethics codes assign mandated reporting responsibilities to all nurses.

A mandated reporter is an individual the state requires to report observed or suspected abuse or neglect to designated law enforcement or social services agencies.

So, if a patient suffers harm because you failed to report suspected abuse, you could lose your license and even face criminal charges as a mandatory reporter.

How to Report Patient Neglect

• Document your observations thoroughly.
• Report any suspected abuse to your supervisor and the appropriate state agencies.
• Consult with a nursing license defense attorney to clarify your reporting obligations.

Remember, patient safety must always come first. Protect it and your nursing license by reporting abuse whenever you suspect it.

8. Violating Patient Privacy on Social Media

In today’s social media-driven world, it’s easier than ever for nurses to violate patient’s privacy online unintentionally.

Even if you don’t share a patient’s name, posting about their condition or treatment on Facebook or Instagram can be enough to identify them and breach confidentiality.

To avoid these risks, follow these best practices:

• Never post information or photos about patients online.
• Refrain from venting about work frustrations on social media, even anonymously.
• Keep your social media profiles private, and don’t connect with patients.
• Educate yourself on your employer’s social media policies.

While social media is a great way to connect with other nurses, you must maintain professional boundaries and always protect patient privacy.

A momentary lapse in judgment online can have lasting consequences for your nursing license and career.

9. Unprofessional Conduct That Erodes Public Trust in Nursing

In addition to the above reasons, a broad category of unprofessional behavior can jeopardize your nursing license.

This includes behaviors such as:

• HIPAA violations and breaches of patient confidentiality.
• Harassment, bullying, or discrimination towards coworkers.
• Disruptive or abusive conduct in the workplace.

The severity of discipline depends on the nature and extent of the incident.

While a single act of rudeness may warrant only a written reprimand, a pattern of disruptive behavior could lead to license suspension or revocation.

10. Neglecting Your Continuing Education Requirements

To maintain an active nursing license in California, all nurses must complete 30 hours of approved continuing education (CE) every two years.

This requirement ensures nurses remain current in their knowledge and skills to practice safely.

However, some nurses fail to take their CE obligations seriously.

If the BRN audits and finds you non-compliant with CE requirements, you could face fines and a temporary license suspension until you make up for the deficient hours.

Repeated noncompliance may also lead to more serious discipline.

11. Practicing Without a Valid License

Finally, some nurses continue to practice after their licenses expire or the BRN revokes them.

Working as a nurse without a current, valid RN license in good standing is illegal in California.

This is true whether you never obtained a license in the first place, failed to renew on time, or had your license suspended or revoked.

Penalties for Practicing Without a License

The state could send you to county jail for up to a year, and fines for unlicensed practice are up to $ 1,000 for each count.

More importantly, the BRN will often refuse to reinstate or grant you a new license in the future if you knowingly practiced without a license.

Always verify your credentials are active before accepting any nursing position.

How to Protect Your Nursing License if Facing Disciplinary Action

If you lost (or are at risk of losing) your nursing license for any reason, the most important thing you can do is consult with a knowledgeable professional license defense lawyer immediately.

TONG LAW helps California nurses protect their livelihoods during BRN investigations and disciplinary proceedings.

Our business lawyers also know what’s at stake and will work to get you the best case outcome possible.

Please complete our online case questionnaire to schedule an evaluation with TONG LAW today to discuss your rights and options, and let our law firm fight for your future in this rewarding profession.