The California Board of Nursing Investigation Process, Step-by-Step

Being investigated by the California Board of Nursing is one of the most nerve-wracking experiences a nurse can go through. All it takes is one complaint from a patient, coworker, or employer about your job performance or conduct, and suddenly, your hard-earned career gets put under a microscope.

Whether the allegations have any merit or not, the investigation process isn’t easy. The BRN has broad powers to subpoena documents, interview witnesses, and even make surprise visits to your workplace as they scrutinize the situation. Having to respond to their inquiries while also dealing with the stress of potential discipline can quickly become overwhelming.

To help you prepare, our professional license defense attorneys are explaining exactly how these Board investigations work.

Who is The California Board of Registered Nursing?

The California Board of Registered Nursing (BRN), a division of the California Department of Consumer Affairs, plays a vital role in regulating the practice of registered nurses in every county.

It protects the public by ensuring California registered nurses provide safe, competent, and ethical care for each patient.

This agency derives its authority from the Cal. Bus. & Prof. Code § 2220, granting the BRN power to investigate complaints, take disciplinary action against nurses who violate the Nursing Practice Act and enforce regulations related to nursing practice.

Initiating a Complaint with the BRN

Any person can file a complaint against a registered nurse in California, including:

• Patients
• Family members
• Healthcare facilities
• Other healthcare professionals

Complainants submit their accusations online through the BRN website, by mail, or by phone.

When filing, the complainant must provide detailed information about the alleged violation, including the nurse’s name, license number, and a description of the incident.

The Board of Nursing Investigation Process in California

The BRN investigation process typically involves the following stages:

The Complaint

The investigation process begins when someone files a complaint against a registered nurse in California. Complaints can be submitted by anyone – patients, coworkers, employers, or even the general public – who believes a nurse has acted in an unsafe, unethical, or unprofessional manner.

Common complaints include issues related to patient care, medication errors, substance abuse, criminal convictions, or fraud during the licensing process.

Initial Review

Once a complaint is filed, the Board of Registered Nursing will review the details within 10 days. They’ll determine if the nurse is eligible for their confidential intervention program, if more information is needed, or if the complaint falls outside their jurisdiction and needs to be forwarded elsewhere.

Investigation Phase

If the Board finds the complaint credible and within their scope, they will initiate a formal investigation. This can involve their internal team of non-sworn investigators, as well as sworn peace officers from the Division of Investigations.

During this phase, investigators will gather evidence, conduct interviews, visit the nurse’s workplace, and prepare a detailed report of their findings.

Evaluating Evidence

After the investigation, the Board will review the investigators’ report. If no violation is substantiated, the case is closed. However, if there is sufficient evidence that the nurse violated regulations under the Nursing Practice Act, the case moves to the next stage.

Legal Action

For minor violations, the Executive Officer may issue a citation and fine through an informal process. But for more serious offenses, the case is forwarded to the California Attorney General’s office to pursue formal disciplinary action.

Administrative Hearing

An accusation document listing the specific charges is sent to the nurse, who can then request an administrative hearing to dispute the claims. This functions similar to a court trial, with arguments from both sides presented before an Administrative Law Judge.

Alternatively, the nurse can negotiate a stipulated agreement admitting to certain charges and agreeing to the proposed disciplinary action without a hearing.

Final Determination

After the hearing, the judge will issue a proposed decision, which goes to the 9-member Board for a final ruling. Potential outcomes include revoking or suspending the nurse’s license, placing them on probation with monitoring requirements, or issuing citations and fines. The Board’s decision aims to protect public safety above all else.

Impact of Disciplinary Actions on Nursing Licenses

BRN disciplinary actions have significant consequences in a nurse’s professional career.

All sanctions, including probation, suspension, and revocation, become part of the nurse’s public record and may impact his or her ability to practice, secure employment, or obtain professional liability insurance.

Sometimes, nurses with suspended or revoked licenses may be eligible for rehabilitation and reinstatement after completing specific requirements set by the BRN.

However, this process is complicated and usually requires the services of a professional license defense attorney to work on the case.

Protecting Your Nursing License During an Investigation

If you are a nurse facing a BRN investigation, contact our nursing license defense attorney at TONG LAW to begin developing your defense strategy.

We have extensive experience representing nurses during disciplinary proceedings.

Our lawyers can assist you through the investigation process by:

• Conducting a thorough review of the evidence and allegations against you
• Calling upon medical experts to analyze issues of patient care or nursing competence
• Strategizing potential defenses and responses to present a compelling case
• Representing you at administrative hearings before judges and the Board
• Appealing any unfavorable Board decisions through California’s court system

A Board investigation requires quick action to protect your nursing license. Delays or going unrepresented could be disastrous. Contact us today to request a consultation.