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When do nurses need to report convictions?

On Behalf of | Aug 27, 2024 | Nursing License Defense |

Nurses must report any convictions or disciplinary actions whenever they renew their registered nurse license with the California Board of Registered Nursing (BRN). If they don’t report a conviction, they could face various disciplinary actions, such as fines, civil penalties or even losing their license.

What types of convictions do nurses need to disclose?

Nurses must report all convictions set aside or deferred under certain Penal Code sections. This includes:

  • Traffic tickets or car accidents with fines over $1,000.
  • Convictions related to alcohol or controlled substances.
  • Expunged convictions or convictions removed from records.
  • Misdemeanors, felonies or convictions where they pled “no contest.”
  • Military convictions or dishonorable discharges.

However, they do not need to report arrests without convictions or infractions with fines of less than $1,000.

Will the BRN revoke a nurse’s license if they report a conviction?

The BRN will only consider removing a nurse’s license if the conviction closely relates to their job duties. This means they could revoke a license if the conviction involves:

  • Violent or abusive behavior.
  • Not following mandatory reporting rules.
  • Theft, lying, fraud or deceit.
  • Any crime that requires them to register as a sex offender.

The BRN also considers evidence of rehabilitation. This includes the nature and seriousness of the crime, how much time has passed, whether the nurse has followed parole or probation rules and any evidence showing they have changed for the better.

What if the BRN revokes a nurse’s license due to a reported conviction?

If their license is revoked for reported convictions, nurses can:

  • Appeal the BRN’s decision: This means asking a higher authority or court to review the decision.
  • Petition for reinstatement: This involves showing that they have rehabilitated and followed any conditions set by the BRN.

Getting legal advice from an attorney with experience representing nurses in these cases is important.

Revocation isn’t the end of the road

Life can be unpredictable, but past mistakes shouldn’t define your future. If the BRN revokes your nursing license due to a conviction you reported when renewing your license, know that you have options and support available.

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