California 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 advance practice nurse licenses 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 drunk driving conviction (conviction for DUI), conviction for drugs, or other criminal case, we can help.

At Ray & Bishop, PLC, we also defend nurses at the application stage. When completing a nursing license application 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.

Orange County Main Office:
5000 Birch Street
Suite 7000
Newport Beach, CA 92660
Los Angeles County Office:
18000 Studebaker Road
Suite 700
Cerritos, CA 90703
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