Welcome to RN Guardian

RN Guardian is a prepaid legal services plan offered exclusively to California Registered Nurses. Every RN Guardian plan participant receives comprehensive legal consultation and zealous attorney representation when threatened with enforcement action against her or his nursing license by the Board of Registered Nursing (BRN). Attorney representation begins the moment a plan participant notifies RN Guardian that a complaint is being investigated by the BRN.

RN Guardian lawyers are uniquely skilled in the defense of California Registered Nurses endangered by a complaint, investigation, surrender, probation, suspension, or revocation of her or his nursing license by the BRN. To view the web site for the primary Panel Attorneys used by RN Guardian, go to http://www.goyetteassociates.com/employment.htm.

Most importantly, the secure peace of mind afforded to RN Guardian participants is affordable. The monthly fee is less than eight dollars, and can easily be incorporated into each member’s monthly budget. Click Here to Join Now.

BRN Enforcement Program

The California Board of Registered Nursing (BRN) is a professional regulatory board existing within the California Department of Consumer Affairs. The BRN enforces the Nursing Practice Act, which is codified within numerous California statutes and regulations.

The BRN spends approximately 70% of its $17 million annual budget on license enforcement-related activities.[1] The BRN investigates over 2,100 complaints against licensees every year.[2]

Disciplinary charges against Registered Nurses range from incompetence or gross negligence to conviction of such crimes as: theft, embezzlement, child abuse or neglect, elder abuse or neglect, spousal abuse, drug related offenses, battery, or failure to report child or elder abuse or neglect.

Depending upon the findings of a BRN investigation, the BRN may simply issue a citation and fine, or may refer the case to the Attorney General’s office for prosecution of formal charges against the Registered Nurse that can result in revocation of the nursing license.

Investigations and enforcement actions by the BRN are typically triggered by complaints filed with the BRN. These complaints can be submitted anonymously by anyone, including patients, family members, coworkers, supervisors, and others. For a description of how complaints can be filed with the BRN to trigger an investigation against an RN, see http://www.rn.ca.gov/enforcement/whatisenf.shtml#complt. The BRN website goes so far as to list the possible allegations that can be made against an RN, and even provides the form to file a complaint. Given the ease of filing complaints with the BRN, any RN can always be at risk and subject to an investigation by BRN that could permanently affect her or his license and livelihood as an RN.

Joining RN Guardian provides the needed protection against the risk of investigation and/or enforcement action by the BRN, since membership ensures skilled legal representation from the moment you receive notice of a complaint filed with the BRN. Click Here to Join Now.

RN Guardian Services during BRN Enforcement

RN Guardian provides services to each member designed to protect and maximize Registered Nurses’ legal right to representation to defend their license to practice.

Registered Nurses have a legal property interest in their professional licenses and, therefore, are entitled to legal due process throughout the BRN enforcement sequence and before the BRN adverse action becomes final.

Registered Nurses are entitled to legal representation during any BRN investigation. Further, BRN citations and fines can be disputed by both informal and formal appeals procedures.

In addition, formal disciplinary actions (probation, suspensions, license revocation, etc.) may be disputed during an administrative hearing before an Administrative Law Judge. This administrative hearing is a formal evidentiary proceeding that closely resembles a court trial. Special rules of procedure and evidence apply. The BRN is represented by an attorney from the Attorney General’s office. The Registered Nurse may also be represented by an attorney.

Finally, the decisions of the Administrative Law Judge are reviewable by the full Board of Registered Nursing, and ultimately by the courts through a legal process known as “administrative mandamus.”

Unfortunately, many registered nurses facing discipline mistakenly believe they must simply accept their fate without a fight. Others misguidedly assume they can effectively represent themselves in the investigation and administrative hearing. Regrettably, the potentially terrible consequences of these beliefs and assumptions are many times only fully realized after a suspension, surrender, or revocation of an RN license is irreversible. Don't make the same mistake. Click Here to Join Now.

Because of the unique and complex nature of these administrative legal proceedings, administrative mandamus, and the nursing profession itself, not all practicing attorneys are ideal advocates for Registered Nurses facing discipline. Since RN Guardian attorneys are uniquely skilled in administrative law and the defense of California Registered Nurses, we believe we provide superior quality legal representation. Yet, the RN Guardian plan is amazingly affordable.

Summary of RN Guardian Services

RN Guardian attorneys will:

• Represent the Registered Nurse plan participant during the course of any BRN investigation.
• Challenge BRN citations and fines informally and formally.
• Zealously advocate for Registered Nurses in the BRN administrative hearing before an Administrative Law Judge and the full Board of Registered Nursing.
• In legally viable cases, seek to overturn adverse administrative decisions in the California Superior Court through “administrative mandamus” proceedings.

Affordable Professional and Career Protection

For most Registered Nurses in California, the loss of her or his nursing license means the loss of a career and a livelihood. Even a temporary suspension can result in tens of thousands of dollars in lost earnings.

Moreover, the typical cost of a private attorney for disciplinary representation can range from $5,000 to $25,000. Here is an estimate using a typical hourly rate of $225.

Description of Services	Est. Hrs.	Cost
Representation during initial investigation	12	$2,700
Preparation for administrative hearing	16	$3,600
Advocacy during admin. hearing (2 days)	20	$4,500
Post-hearing representation before BRN	8	$1,800
Miscellaneous costs of representation		$2,400
TOTAL ATTORNEY’S FEE & COSTS		$15,000

By comparison, RN Guardian costs only $7.95 per month when billed to your credit card, which is a very small sum to avoid the risk of paying thousands of dollars if you are ever investigated by the BRN. To get the affordable and necessary legal protection, along with the added peace of mind, that comes with being an RN Guardian member, Click Here to Join Now.

Hear What Current RN Guardian Members Say

If you aren't convinced yet that you should join RN Guardian, read what current RN Guardian members have to say about their past BRN investigations or other challenges to their RN license. After reading what these members went through, you will want to join RN Guardian.

[1] Sources: Calif. BRN Sunset Review Report, page 3 (Sept. 2002) & Calif. BRN website (www.rn.ca.gov.)

[2]Source: Calif. BRN publication, “What Does the BRN Do?” (Rev. Nov. 2003)