Kravitz & Chan, LLP Business License Defense Attorney | Kravitz & Chan, LLP | Sacramento, CA2026-10-23T03:55:23Zhttps://www.kravitzchan.com/feed/atom/WordPressOn Behalf of Kravitz & Chan, LLP<![CDATA[Why nurses need to take peer review results seriously]]>https://www.kravitzchan.com/?p=488052026-10-16T07:04:49Z2026-10-21T07:03:34ZHospitals may tell their nursing staff that peer review is just part of the way in which they aim to improve the standard of care. They may frame it as an opportunity for learning rather than anything to worry about.Yet, time has shown that this is not how things always play out. Nurses sometimes find themselves facing disciplinary issues, and perhaps even challenges to their license to practice, thanks in part to a damaging peer review. Note that in California, certain things discovered during peer reviews require mandatory reporting to the state’s licensing board.
A poor review could be given for many reasons
An honest peer review should certainly say if there are any areas of concern with a nurse. However, some nurses have found themselves on the end of negative peer reviews that they believe are not justified. In a recent case in another state, a nurse sought to overturn her license suspension, saying that the peer reviewer had not actually reviewed a single case of hers.Others may believe that a negative review given to them is down to personal animosity. It could also be down to discrimination. Perhaps the person giving the peer review has a thing about a particular nationality, so they take the opportunity given to them to try and make sure the person of that nationality they are reviewing is sidelined by the employer, so they don’t have to work with them again.If you are concerned about a negative peer review and the motives behind it, consider seeking experienced legal guidance sooner rather than later. If you wait too long, you may need that same legal guidance to deal with a chain of events that the review sets in place, such as a licensing board hearing and perhaps a suspension.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Accused of drug diversion? What nurses need to know about their licenses]]>https://www.kravitzchan.com/?p=487972026-10-05T09:55:31Z2026-10-08T09:54:15ZA discrepancy in a medication record can turn an ordinary shift at work into a career-threatening investigation.
If your employer says a controlled substance is missing or questions how you documented a dose, you may be asked to explain yourself before you have seen the records behind the allegation. You may also worry that admitting a documentation mistake will be treated as admitting you took a drug.
A criminal offense
The unauthorized taking of drugs from a medical facility can be charged as a felony. Not only this, but a nurse or other staff member found guilty of it could potentially lose their license to practice.There are several ways in which nurses may end up facing accusations of diverting drugs. Some of the most common include:
Taking them to help someone: Maybe a nurse knows a person who cannot afford a particular drug they need. They may think to divert some of the stock their way out of kindness, yet this could lead to criminal charges for both of them.
Being pressured into securing items: A nurse may have an urgent need of money, perhaps for themselves or for a family member, such as to pay for surgery. A third party may use this point of weakness to persuade them to smuggle out some drugs in exchange for cash. Alternatively, a third party might blackmail a nurse over something, threatening to expose them if they do not secure the requested drugs.
Feeding an addiction: Nurses work in a high-pressure environment, often with inadequate rest. They may also see some shocking things. It’s no surprise that some turn to drugs to get through their day. Siphoning off some supplies to feed their habit could occur as a result.
It’s important to remember that accusations of diverting drugs are not always well-founded. Supervisors, colleagues or others may make accusations due to a genuine mistake, to cover their own tracks, or out of spite. It's also not unusual for a simple medication mistake to be made, especially in high-stress or fast-moving environments. Anyone facing accusations should seek early legal guidance to examine their options.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[The 2 key factors to a patient abandonment accusation]]>https://www.kravitzchan.com/?p=487952026-09-23T14:16:21Z2026-09-28T14:15:05Z1. Did you formally agree to care for that patient?
Merely being in the same building or vicinity as a patient does not establish a nurse-patient relationship. If an accusation of patient abandonment is made, the BRN should look at whether you formally accepted entering into a nurse-patient relationship. For example, did you receive a verbal shift report or accept the keys to the unit from someone handing responsibility over to you? Alternatively, did you begin to assess or treat the patient?
2. Did you stop without handing over responsibility or without giving sufficient notice?
If you walk out mid-shift without saying a word to anyone, then patient abandonment might well be deemed to have occurred. If, however, you informed your supervisor that you needed to leave at 5:00 p.m. on the dot, with plenty of notice, then the accusation against you would be less likely to stand up. Equally, if you performed a verbal or written handover to another staff member, this too would make the accusation against you less likely to be valid.
Both things should be true for the BRN to initiate disciplinary action against you. Nevertheless, some employers may accuse you of abandonment when only one or even none of those two things is true. They might use the threat of reporting you to the BRN for patient abandonment to push you to stay longer or take on more work.
Experienced legal guidance can help you stand up to such actions and protect your nursing license if you’re facing an accusation of patient abandonment or other wrongdoing.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Doctor’s orders gone wrong: Can a nurse’s license be at risk too?]]>https://www.kravitzchan.com/?p=487852026-09-04T06:15:00Z2026-09-09T06:14:31ZDoes following a doctor's order always protect your license?
Not always. California law holds nurses to their own independent professional standards. This means that your obligation is to your patient, not just to the physician's instructions. Simply following an order does not automatically protect you from disciplinary action.
How does California treat nurse responsibility?
Under California law, nurses must use their own clinical judgment at all times. Carrying out an order that you know is unsafe may constitute unprofessional conduct. The BRN can investigate and discipline nurses based on this standard, regardless of who gave the order.
When does a doctor's order become a risk?
A doctor's order can put your license at risk when it conflicts with safe patient care. Administering an incorrect dosage or performing a procedure outside your scope of practice can lead to a BRN complaint. Fortunately, California law supports nurses who speak up about patient safety concerns. Raising a concern is both your right and your professional responsibility.
What if you are already facing disciplinary action?
Receiving notice of a BRN complaint or investigation can feel alarming. At that point, your first instinct may be to explain yourself directly to the Board. However, any statement you make during this process can affect the outcome of your case.
What happens during a BRN Investigation?
Investigators examine whether your actions met the standard of competent nursing performance. The Board may also assess whether you raised concerns, documented properly or followed protocol. Depending on their findings, disciplinary outcomes can range from a formal reprimand to full license revocation.
Before responding, carefully review the complaint and the specific conduct at issue. Understanding the allegations can help you respond accurately and avoid unnecessary confusion.
Understanding your responsibility as a nurse
Your nursing license comes with a professional responsibility to advocate for safe patient care. California law sets a clear standard for nursing conduct. It also protects nurses who raise legitimate patient safety concerns. Questioning an unsafe order is not insubordination. It is part of your legal and ethical responsibility as a nurse.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[What should you avoid saying during a BRN investigation?]]>https://www.kravitzchan.com/?p=487772026-07-28T09:03:06Z2026-07-31T09:01:22ZStatements that weaken your defense
Some answers can make it harder for the investigator to understand what occurred and cause them to question your reliability. Examples include:
Guesses about times, doses or events you do not clearly remember
Speculation about what a coworker did or meant to do
Sweeping denials that a chart, audit trail or badge record could contradict
The investigator then sends a written report to the BRN for review. Depending on the evidence, the board may close the matter, issue a citation or refer the case to the California attorney general’s office, where a lawyer can prepare an accusation that lists formal charges.
Inconsistencies that damage your credibility
That need for precision becomes more important because the investigator may already have the chart, your employer’s incident report, medication dispensing logs and coworker statements when asking for your account. The investigator compares your answers with those materials rather than viewing the interview in isolation.
A difference between your memory and the documented record does not by itself show dishonesty. Nurses may remember details imperfectly, and records can refresh or correct that recollection. An unexplained change on a central point might draw closer scrutiny and affect how the board weighs the rest of your account.
Steps that prepare you for the interview
The BRN typically gives you 14 calendar days to respond to an interview request. You may use that period to review the matter and arrange for counsel to attend, while requesting additional time if needed. You can also gather any notice, the incident report you signed, relevant workplace policies and statements you previously made to your employer.
However, you need both current authorization and a work-related reason to open a patient chart, even if you only want to refresh your memory. If either is missing, accessing the record may create a separate privacy concern unrelated to the original complaint.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Is falling asleep on the job gross negligence for a nurse?]]>https://www.kravitzchan.com/?p=487712026-06-30T13:58:55Z2026-07-03T13:58:16ZNurses go to school for years and take extensive tests to prove that they have the knowledge and skills necessary to provide care. Their licenses are vulnerable after criminal convictions, allegations made by employers and even some complaints from their patients or coworkers.
Misconduct and gross negligence are among the top reasons that nurses may face disciplinary action that puts their licenses at risk. Gross negligence typically involves engaging in behavior that creates serious, preventable risk for others and that is the result of an intentional decision, not an oversight or mistake.Are nurses at risk of gross negligence claims if they sleep while working?
Long shifts can cause fatigue
Although some nurses work standard 8-hour shifts,12-hour shifts are common, especially at hospitals. Some professionals end up picking up extra hours due to an unexpectedly complicated patient case or another nurse calling in sick.The longer professionals have been on the clock, the more fatigue may begin to affect their work capabilities. Resting briefly may seem reasonable, but sleeping when there is no one else available to monitor and support patients could lead to claims of professional negligence.Especially if a nurse is unreachable while resting because they hide or put their work phone on silent, their decision to sleep while working could lead to complaints and poor patient outcomes. The circumstances surrounding a nurse falling asleep on the job can influence the likelihood of their employer or coworkers reporting the situation to the licensing board and the possibility of disciplinary action.Nurses accused of negligence on the job often need help responding in a way that protects both their employment and their state licenses. Reviewing the situation that led to claims of negligence can help nurses take appropriate steps to protect their professional licenses.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Why is clear charting important for nurses?]]>https://www.kravitzchan.com/?p=487692026-06-16T07:29:15Z2026-06-19T07:28:32ZAccurate charting helps to show what a nurse observed, what actions were taken, when care points were provided and how a patient responded. Medical charts include records of the patient’s vital signs, medication administration, wound changes, patient education and pain levels. It can also note safety concerns, things that a nurse contacted any other provider about and what follow up steps are necessary. All of this information allows the next person reviewing the chart to have a complete picture of what’s going on with the patient.
Incomplete charts are a safety risk
Charts that don’t contain all necessary information can lead to patient harm because the next person reviewing someone’s chart won’t have all the necessary information. Incomplete charts can lead to missed care, duplicated treatments and misunderstandings about patient care.
Nursing documentation is a legal record
Nursing charts are a legal record that can be used if claims about substandard or negligent care are made. Poor documentation can lead to questions about the quality of care and if the patient received the necessary treatments.
Nurses should ensure that they’re providing patient care as ordered, and they should ensure that they handle charting in an accurate and timely manner. Failing to do this could lead to issues with a nurse’s license, which may require them to work with a legal professional who can help them to protect their license.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Can a DUI affect a nurse’s license if they don’t drive for work?]]>https://www.kravitzchan.com/?p=487672026-06-03T13:42:57Z2026-06-08T13:42:05ZDUIs can trigger disciplinary reviews
The California Board of Registered Nursing maintains a strict standard for nurses both on the job and in general. People must pass a background check to obtain a nursing license, and they must avoid major criminal offenses to keep that license.
The California Board of Registered Nursing requires that nurses disclose any criminal convictions when they apply to renew their licenses. A single DUI can be enough to put a nurse's license at risk, regardless of whether or not their job requires driving.
Substance abuse can potentially affect the care they provide patients and can also affect the reputation of their employer or nurses in general. Those accused of a DUI or facing a licensing hearing after entering a guilty plea may need help protecting their careers.
Working with an attorney who specializes in nursing license defense can help medical professionals avoid career-ending consequences over legal matters that do not directly connect to their work. Even a DUI that occurs during vacation can otherwise be enough to cost a nurse their license.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Could one prescription cost a California nurse their license?]]>https://www.kravitzchan.com/?p=487632026-05-18T09:32:25Z2026-05-21T09:31:26ZWhy one prescription can become a board issue
The BRN does not treat every prescription-related concern the same way. A lawful prescription for a legitimate medical need is different from allegations of forged prescriptions, drug diversion, impairment at work or unlawful possession.
The risk may increase when the facts suggest poor judgment, dishonesty, unsafe practice or substance misuse. The BRN has the authority to discipline a registered nursing license for violations of the Nursing Practice Act, and it weighs factors such as the severity of the conduct, how recent it was, rehabilitation, mitigation and the nurse’s current ability to practice safely.
That is why a license investigation can feel broader than the original event. The board may look beyond the prescription and ask what the situation says about patient safety, honesty and fitness to practice.
Criminal cases can create separate reporting problems
A prescription-related arrest does not always mean a nurse must report the matter right away. The BRN indicates that nurses generally report convictions, not arrests. A conviction includes a no contest plea and certain convictions later set aside or deferred.
That distinction matters. A nurse who resolves a criminal case without evaluating the licensing consequences may face a second problem. Failure to report a conviction can become its own disciplinary issue, separate from the prescription allegation.
Prescription cases can involve several types of conduct, including:
Possession issues: Questions about whether the medication was lawfully prescribed
Diversion allegations: Claims that medication intended for a patient went elsewhere
Forgery concerns: Allegations involving altered or false prescriptions
Impairment claims: Concerns that substance use affected safe nursing practice
The facts, documents and timing can change the board’s view of the case.
Treatment and rehabilitation may matter
Prescription drug problems sometimes involve addiction, untreated pain, mental health concerns or a stressful work environment. Those facts do not erase the licensing issue, but they may affect how the board evaluates rehabilitation and public safety.
The BRN also offers an Intervention Program for registered nurses whose ability to practice safely may be affected by substance use, mental health concerns or both. It is voluntary and confidential, but it carries specific participation requirements. Nurses benefit from reviewing these obligations before entering any monitoring program.
A fast response can shape the outcome
One prescription does not automatically end a nursing career. The risk may increase from treating the issue too casually, giving an incomplete explanation or resolving a criminal matter without considering the license.
A careful response is often built upon a thorough review of records: prescriptions, court documents, employer notices, drug test results, treatment records and any board correspondence. For California nurses, the goal is not just to answer what happened. It is to show what the facts mean for safe practice now.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[How the California nursing license defense process works]]>https://www.kravitzchan.com/?p=487622026-05-08T05:32:52Z2026-05-13T05:32:27ZIf you are facing a nursing board complaint in California, the process can feel stressful and uncertain. This is because your nursing license is directly connected to your career, income and professional reputation, which makes any disciplinary matter serious.
Understanding how the California nursing license defense process works can help you respond appropriately and avoid mistakes that could negatively affect your future.
1. How a nursing board investigation begins
The process usually starts when a complaint is submitted to the California Board of Registered Nursing. Complaints may come from patients, employers, coworkers or law enforcement agencies.Once a complaint is received, the board may open an investigation to determine whether there has been a violation of the Nursing Practice Act. Investigators can review medical records, employment documents, witness statements and other evidence connected to the allegations.
2. Understanding possible disciplinary actions
If the board believes there is evidence of misconduct or unsafe practice, disciplinary action may follow. The severity of the outcome often depends on factors such as the seriousness of the conduct, your disciplinary history, rehabilitation efforts and your ability to practice safely.Possible outcomes may include a public reprimand, probation, suspension, or revocation of your nursing license.
3. What happens during the hearing process
If formal discipline is pursued, the board may issue an Accusation, which is a document that explains the alleged violations and the disciplinary action being considered.As the accused person, you have the opportunity to respond and participate in an administrative hearing. During the hearing, evidence and testimony are reviewed before an Administrative Law Judge issues a proposed decision.
4. Probation and compliance requirements
In some cases, you may be allowed to continue working under probation instead of losing your license completely. Probation conditions can include workplace monitoring, continuing education, drug testing or restrictions on certain duties.
5. Protecting your nursing career
A nursing board investigation can have long-term effects on your professional future. However, acting quickly and understanding the process can help you make informed decisions at every stage.Seeking professional and reliable legal guidance can also help you understand your rights, prepare your response and navigate the California nursing license defense process more effectively.]]>