California Registered Nurse License Defense
Ray & Bishop, PLC, California's Premier Professional License Firm,
is the leading firm in defending registered nurses, nurse practitioners,
CRNAs (nurse anesthetists) and vocational nurses or LVNs from BRN accusations
and LVN accusations. As a nurse license defense firm, we are at the forefront
of defending RN licenses, LVN licenses, and California nurse practitioner
license defense from accusations that related to violations of the Business
and Professions Code and the Nursing Practice Act. If you have a BRN nurse
license accusation due to a nurse practice act violation, drunk driving
conviction (conviction for DUI), conviction for drugs, or other criminal
case, we can help. If you received notice of an accusation, contact us
At Ray & Bishop, PLC, we also defend nurses at the application stage.
When an applicant applies for a California nursing license the RN license
applicant reaches the Reporting Prior Convictions or Discipline Against
Licenses section, and must answer the question about whether a nurse license
applicant has ever been convicted of any offense or has every had disciplinary
proceedings against any license, we can help explain the "yes"
answer and help gather documents. The application requires that a nurse
applicant provide a full written explanation of the event and provide
copies of arrest and court documents. Also, the Board asks that the applicant
demonstrate acceptable documented evidence of rehabilitation.
If a nurse license applicant files an application and is denied, the nurse
license applicant may still receive an eligibility notice for NCLEX-RN
examination. Even if an applicant receives an eligibility notice, indicated
that he or she can take the NCLEX-RN examination, and receives an Authorization
to Test (ATT), the application can still be denied by the RN Board.
If a nurse applicant is denied a license by the Board of Registered Nursing,
the RN Board sends out a denial letter that states that the license is
denied, usually due to Sections 480(a)(2), 480(a)(3), and sometimes 2761(a)
of the Business and Professions Code. In that case, an RN license applicant
has the right to request a formal hearing under Business and Professions
Code section 485(b), but that request must be made to the Board to appeal
the denial of the nurse license within 60 days of the date of the notice.
After a hearing is requested, a denied nurse applicant should receive
a letter that acknowledges receipt of the notice of appeal and states
that the matter is being forwarded to the Office of the Attorney General.
The nurse license applicant eventually receives a Statement of Issues
and Notice to Respondent from the Attorney General. The Statement of Issues
opens a formal case with the Office of Administrative Hearings. At this
stage, an RN license applicant can possibly settle the case by negotiating
terms, or must go to a formal hearing before an administrative law judge.
The Statement of Issues is brought under Business and Professions Code
section 2736, section 480, and section 475.
For a nurse defending their RN license, their case may start with an investigation
by the Board of Registered Nursing or by the Department of Consumer Affairs.
If a letter comes from an investigator working for the Board of Registered
Nursing or at a Department of Consumer Affairs office, the investigator
will usually want to question the registered nurse regarding a complaint
or incident. After the investigation is complete, the BRN or DCA investigator
forwards the case to the Board, which can then send the case to the Office
of the Attorney General at the California Department of Justice. A Deputy
Attorney General at the California Department of Justice will file and
serve an Accusation with a Statement to Respondent and a Request for Discovery.
The first step of nurse license defense after receipt of an Accusation,
Statement to Respondent and Request for Discovery is to file a Notice
of Defense. The Notice of Defense form, required under Government Code
sections 11505 and 11506, requests a hearing for the nurse to defend her
or his license. Failure to file the Notice of Defense can lead to a default.
The Request for Discovery under Government Code section 11507.6 is a request
for the evidence that the nurse will use to defend her or his license
at an administrative hearing.
Nurse license defense involving an accusation and nurse license applications
involving criminal convictions are best handled by an attorney experienced
in nurse license defense. The attorneys at Ray & Bishop, PLC, have
a proven track record of defending nurses, saving nursing licenses, and
getting applications approved for nurse licenses by the Board of Registered Nursing.