THE CALIFORNIA BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS IS VERY ACTIVE IN ENFORCING LAWS AND REGULATIONS
On average the California Board of Vocational Nursing and Psychiatric Technicians files between one-hundred to two-hundred (100-200) accusations a year. These new accusations are in addition to citations that are issued. The California Board of Vocational Nursing and Psychiatric Technicians is a very active Board in enforcing professional standards.
COMMON CAUSES OF DISCIPLINE FOR VOCATIONAL NURSES AND PSYCHIATRIC TECHNICIANS
Vocational nurses and psychiatric technicians can face board discipline based upon a wide variety of conduct. The Board has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Below are common causes of discipline for vocational nurses and psychiatric technicians:
- Driving Under the Influence: Driving under the influence is a quick way to be disciplined by the Board and potentially lose your license. In fact, driving under the influence is one of the top causes of discipline.
- Working Under the Influence: Even if you have a prescription, if you are working under the influence of a drug and that drug affects your performance you can expect to be disciplined;
- Self-Administration or Illegal Possession of a Controlled Substance: You may be disciplined if you personally use, or possess, a controlled substance in an illegal manner.
- Inappropriate Personal Relations: Having an inappropriate relationship with a co-worker or patient may lead to discipline. The Board often refers to this as a “failure to maintain professional boundaries”.
- Exceeding Scope of License, Authority, or Training: Nurses or technicians that exceed the scope of their license either at work or by providing services outside of an employment relationship may result in discipline.
- Improper Access or Failure to Secure Confidential Patient Information: If a nurse or technician improperly accesses patient information or causes the information to be improperly disclosed that individual will be disciplined.
- Documentation Errors: Failing to properly create or author required work documentation, as well as making inconsistent, erroneous, or illegible entries in work documentation can quickly lead to discipline. This is especially true concerning controlled substances. The Board of Vocational Nursing and Psychiatric Technicians puts a strong emphasis on proper work documentation.
- Failure to Administer a Drug or the Proper Amount of a Drug: If you are routinely tasked with providing medications to patients, the Board will discipline you for failing to administer the proper dosage of a drug, or according to the proper time interval.
- Use of Excessive Force on a Patient: If a nurse or technician uses excessive force on a patient that nurse or technician may be disciplined.
- Failure to Report Prohibited Acts, or Make Necessary Disclosures: If a nurse or technician becomes aware of certain facts within the course of their employment (ex: elder abuse), and fails to properly report those facts, that nurse or technician may be disciplined.
- Dishonesty: Making false statements on license applications, renewals, disclosures or other employment information, will lead to discipline under the allegation of “dishonesty”.
- Social Media Conduct: The Board will discipline a nurse or technician whose actions or speech posted on social media or public websites is inappropriate or vulgar. This is especially true when such posts relate to their occupation as a nurse or technician.
- Inappropriate Conduct in Personal Life: Often termed as “unprofessional conduct”, a nurse or technician will be disciplined for domestic disturbances, minor crimes, and other unbecoming behavior in the private or personal lives of that individual.
- Ability to Practice is Impaired: If a nurse or a technician has a psychological or physical condition that negatively affects their ability to work, that individual may be disciplined.
- Failure to Submit to a Psychological or Physical Exam: Under certain circumstances, and often due to work performance, a nurse or technician will be required to submit to a psychological or physical examination. Failure to submit to examination will cause that individual to be disciplined.
- Failure to Cooperate with a Board Investigation: Sometimes when the California Board of Vocational Nursing and Psychiatric Technicians starts an investigation, an individual will panic and become evasive or cease communications with the Board. If the Board believes that individual is obstructing the investigation that individual will be disciplined.
- Conviction or Discipline in Another Agency, State, or Court: The California Board of Vocational Nursing and Psychiatric Technicians will almost automatically discipline a nurse or technician when that individual has been found guilty of a crime, or has been formally disciplined by another government agency, state, or court.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE CALIFORNIA BOARD OF VOCATIONAL NURSING AND PSYCHICATRIC TECHNICIANS?
If you are being investigated by the California Board of Vocational Nursing and Psychiatric Technicians, you will likely be contacted by the Board or one of its agents. An instinctive reaction many individuals have to being investigated is to become dismissive or unresponsive to the Board. However, this would be a mistake as the Board can discipline you for failing to cooperate with a Board investigation. Therefore, by being dismissive you could potentially bring even more accusations against you. Rather than be dismissive or unresponsive, imagine feeling confident and in control as you have an advocate represent you through the process.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they will add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAW ARE VOCATIONAL NURSES AND PSYCHIATRIC TECHNICIANS DISCIPLINED UNDER?
When you are served with an accusation, the accusation most likely will reference California Business and Professions Code §§2878, 2878.5, 2878.6 and 2878.8. California Business and Professions Code §2878 lists twelve categories under which the Board may discipline an individual. The main category of those is acts of “unprofessional conduct” which has six sub categories. California Business and Professions Code §2878.5 further expands and creates more acts which qualify as “unprofessional conduct” to include acts that are primarily related to controlled substances. Finally, California Business and Professions Code §§2878.6 and 2878.8 deal with criminal convictions or being formally disciplined with another agency, state or court.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the California Board of Vocational Nursing and Psychiatric Technicians can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the California Board of Registered Nursing and Psychiatric Technicians within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC can get started on filing your Notice of Defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a notice of defense, a default decision will be taken against you. Nevertheless, the California Board of Vocational Nursing and Psychiatric Technicians may grant a hearing “in its discretion” “on a showing of good cause”. However, a written motion requesting that the decision be vacated must be served within seven (7) days after service of the decision. California Government Code §11520(c).
Nevertheless, the more prudent action is to file your notice of defense within fifteen (15) days after being served with an accusation.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The California Board of Vocational Nursing and Psychiatric Technicians will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §2878.7 allows you to petition the California Board of Vocational Nursing and Psychiatric Technicians for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the California Board of Vocational Nursing and Psychiatric Technicians under Government Code §2878.7 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.