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New Board Of Registered Nursing Requirement. Failure To Cooperate = Discipline

The Board of Registered Nursing imposed a new requirement that all Registered Nurses being investigated by the Board must cooperate with the investigation. This includes signing releases so the Board can obtain employment or health records and meeting with the investigator for an interview. Failing to do so is considered to be a violation of the Nurse Practice Act and is considered to be Unprofessional Conduct. Unprofessional Conduct charges can lead to discipline, up to and including license revocation. Effective July 23, 2014 the BRN expanded their definition of Unprofessional Conduct to include:

  • failure to provide to the board, as directed, lawfully requested copies of documents within 15 days of receipt of the request (or within the time specified in their request) whichever is later;
  • failure to cooperate and participate in any board investigation pending against the RN;
  • failure to report to the BRN within 30 days any criminal conviction or disciplinary action taken by any authority of any state or any federal government agency or the military;
  • failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the BRN.

There are exceptions to these requirements, including Fifth Amendment and other constitutional protections. Knowing what to disclose, when to disclose, and how to disclose calls for legal knowledge.

The loss or discipline of your license can be personally and professionally devastating. Consultation with an California attorney focused on license defense is strongly advised where issues of professional conduct and discipline arise. Call us for a free consultation.

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