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The BRN Has Disappeared Like a Plane in a Bad Vegas Show…

The BRN Has Disappeared Like a Plane in a Bad Vegas Show…

and no one is looking under the curtain

 

The Board of Registered Nursing in California ceased to exist as of December 31, 2011.  If you go to their website, even their name has changed. The thing that amazes me is that a regulatory Board that essentially governs approximately 400,000 nurses in California has disappeared like a jet plane in a Vegas show and no one is talking about it.  It seems that even the Board itself was surprised.

On Oct. 9, Brown vetoed SB 538 — routine legislation that would have extended the BRN's authority for the next four years, citing concerns with pension provisions contained in the bill.

The bill referred to some investigators working for the board as "sworn investigators" said Louise Bailey, RN, BSN, MEd, executive officer for the BRN, which oversees about 400,000 RNs and 148 pre-licensure nursing programs. This would have entitled those investigators to larger pensions, she said.

"This was not on our radar at all," Bailey said. "Had I known, I would have asked them to take the language out." How is it possible that the Director of an organization not be aware that there was a bill floating around the legislature that ELIMINATED the entire thing?

In his veto message, Brown stated the clause to expand pension benefits to certain board investigators "makes no sense fiscally and flies in the face of much needed pension reform."

He also said it was not acceptable to risk disrupting the board's crucial consumer protection role by allowing such provisions in a routine sunset extension bill.

"The board has existed for 106 years without these enhanced benefits and should continue to do so," Brown said.

But as of now it is not in existence at all.  It has been taken over by the Department of Consumer Affairs. Louise Bailey has been re-named a “Special Consultant” instead of the “Executive Director” and the BRN is now known as The Department of Consumer Affairs Registered Nursing Program. The Board voted on November 16, 2011 to delegate administrative, non-discretionary duties to the Department of Consumer Affairs to continue operating until the Board is reconstituted by the Legislature and Governor sometime after January 2, 2012. In the mean time, the show must go on and it as business as usual in Vegas… I mean, Sacramento… where a plane… I mean, a governmental entity in charge of almost half a million people…can disappear and no one bothers to notice. In this case… even the pilot of the plane seemed oblivious.

 

News Affecting Your License

Is the California BRN No More? What Should I do?

Did you know that the CA BRN has been disbanded? The Legislation which gives the BRN its authority and existence has expired as of the end of 2011.  Therefore the Board currently does not exist for all intents and purposes and will not again until new legislation breathes life back into it sometime this year.  The Deputy AG I just spoke with didn’t believe that would be any sooner than April and possibly longer. What does this mean for CA nurses? 

 

The operations of the Board have been absorbed by DCA for now, but the “Board” will still function in the exact same capacity as it was before: it is still conducting investigations, it is still issuing accusations, it is still meeting and it is still headed by Louise Bailey… she is just now a “Special Consultant” rather than then executive director.

 

Sounds like business as usual, so for any RN’s with a pending investigation, accusation, license denial or any other Board issue… this does not mean you are off the hook until the Board is reinstated.

News Affecting Your License

Why is Our Nurse Jumping for Joy Over a $2,500 BRN Fine and Citation for a DUI?

Citation for Nurse instead of Accusation by the BRNWhy is Our Nurse Jumping for Joy Over a $2,500 BRN Fine and Citation for a DUI?

Normally a $2500.00 fine and a citation would make someone cry, but for a California Registered Nurse with a Driving Under the Influence (DUI) conviction, a citation and a fine is cause for celebration (just make sure you don’t drink and drive to celebrate!)

An administrative fine and a citation imposed by the Board of Registered Nursing is a civil penalty, and therefore not considered license discipline and therefore not publically attached to a nurses license. This is big deal: the usual discipline imposed by the Board (BRN) for any alcohol related conviction will be publically disclosed. It is a formal accusation and call for revocation or suspension of the nurse’s license. With RN Guardian’s attorneys help, nurses often are able to get the discipline reduced to a stipulated settlement of probation, but this impacts the nurse’s license for the remainder of his or her career and the legal fees along with the fees imposed by the Board can easily total $10,000.00 or more.

Our RN Guardian member pled nolo contrendere to violating Vehicle Code Section 23103(a) – or no contest to a wet and reckless. He was offered the Diversion Program, which he turned down. He submitted a letter of explanation to the Board, per their request along with some additional mitigating evidence and the result was a Citation Order.

The nurse has 3 options. He may pay the fine, sign a Waiver of Appeal Rights and submit it to the Board within 30 days of receipt of the Citation Order. If he fails to pay the fine, he will not be able to renew his license until he has done so. If he does pay the fine it is considered a civil penalty and will not be publically disclosed as discipline against his license. However, if someone calls the Board and inquires about that license specifically, the Board must disclose that the Nurse has been cited and fined, but they do not disclose what the fine was for. After 3 years, the citation and fine are no longer disclosed and the matter is dropped and goes away.

Our member’s other 2 options are to request either an Informal Citation Conference or an Administrative Hearing. The Informal Citation Conference is with the Executive Officer or Designee of the Board. The nurse may choose to be represented by legal counsel or a representative present at the conference, as can the Executive Director. The Administrative Hearing is similar to court proceeding, except that it is an Administrative Law Judge presiding, and no jury.  If the nurse was to request either the Informal Citation Conference or the Administrative Hearing, he would need to attach a letter of explanation as to the reason and submit it within 14 days of service.

We’ve represented hundreds of DUI matters and this is the best result we could possibly hope for, other than total dismissal. We are jumping for joy a little too!

 

 

kongsky / FreeDigitalPhotos.net

Nurses with a DUI: What is Next?

Registered Nurses with a Gross Negligence Accusation: Frequently Asked Questions

Registered Nurses with a Gross Negligence Accusation: Frequently Asked Questions

 

Q.  I am a Registered Nurse and I received a Gross Negligence Accusation from the BRN. Will I lose my nursing license?

A. This is one of those answers that seems overtly self serving, but because I am not a lawyer I can say this: you will have a much better chance of keeping your registered nursing license if you have an attorney represent and counsel you through this process. The Board of Registered Nursing takes gross negligence complaints very seriously and I can promise that you will be contacted by them and they will attempt to discipline your RN License.

Q.    What are my chances of keeping my nursing license if I have gross negligence accusation from the Board?

A.  These accusations are among the most difficult to defend because the hospital or facility has all the documentation, the charts and the proof. Gross Negligence allegations are also often very technical in nature. If your accusation is based on something like oxygen saturation levels, you will need the help of an expert. Your chances of keeping your RN License will always be better with RN Guardian panel attorney.

Q.  What  should I expect from the Board if I am nurse and I’m being accused of Gross Negligence?

A. You should expect to be contacted and you should expect to have to fight for your license.  1.) You may be contacted by the BRN’s investigator who will want to ask you some questions. 2.) You will receive a formal accusation calling for suspension or revocation of your RN license.

Q.  What should I do if I’m a nurse and I am being accused of Gross Negligence?

A.  Document everything. If you know the specific incident that was the cause the Gross Negligence complaint, write down everything that you can possibly remember about the incident. Write down the names of anyone and everyone who could have been involved. Write down times and chronological orders.  Remember, the facility or hospital has all of their documentation at their disposal. You have your memory, your word and hopefully, your lawyer.

The Gross Negligence Accusation

Diversion Program Frequently Asked Questions

DIVERSION FAQ’s

Q.           I received a letter from the Board of Nursing offering me the Diversion Program because I am being accused of taking medication from my facility because of some waste discrepancies. What should I do?

                A. This a very personal decision: if you did take the medication for personal use because you have a dependency problem, then the Diversion Program would be a good option. However, if you just have some meds that can’t be accounted for and you did not take them, then Diversion will not be a good choice and you should call a lawyer right away (preferably us, because we know this stuff!)

Q.           What is the BRN’s Diversion Program?

                A. It is a “confidential recovery program” that is outsourced to a company called Maximus and is intended to help nurses overcome addictions or mental health issues. Please bear in mind that the Diversion Program is ONLY confidential if you remain in it and successfully complete it.

Q.           What would happen if I begin Diversion and then decide it is not right for me?

                A. Everything that you tell your Maximus case coordinator and everything in your file will be turned over to the enforcement unit of the Board of Nursing and used as evidence to discipline your RN license.  You must sign a waiver of confidentiality when you are admitted. You are also not entitled to your own file.

Q.           I’ve heard that I cannot work when I am in the Diversion Program; is this true?

                A. It is true. Your license is placed on INACTIVE status as soon as you are admitted to the program. We have had clients who were accidentally placed on inactive status just for speaking to the Diversion coordinator. Please carefully way all of your options and get all of the information regarding the Diversion Program before you call to speak to them.

Q.           Do I have to reply to the offer of Diversion? What happens if I just ignore it?

                A. If you answer them and decline or ignore it, you will likely have the same result.  If the Board has any information that you’ve had a DUI, taken medication from your facility, falsified a prescription, wasted medication improperly, gave improper doses to patients, have your own properly prescribed narcotic pain medication, has evidence of pyxis discrepancies, etc, you will receive a formal accusation from the Board of Nursing.

Q.           I am being offered the Board of Registered Nursing Program’s Diversion Program and I have no idea why.

A. If the Board has received any tips or has information that you’ve had a DUI, taken medication from your facility, falsified a prescription, wasted medication improperly, gave improper doses to patients, have your own properly prescribed narcotic pain medication, has evidence of pyxis discrepancies, etc, this will lead to an investigation. The Board takes any drug or alcohol related matters very seriously and they will investigate. The most important thing that you can do to protect yourself is get the help and support of an attorney. Remember, the hospital or facility has all the charts, all the records, all the proof. All you have is your word and hopefully, your lawyer.

The Diversion Program Pros and Cons

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