Kravitz & Chan, LLP Business License Defense Attorney | Kravitz & Chan, LLP | Sacramento, CA2026-09-09T06:14:31Zhttps://www.kravitzchan.com/feed/atom/WordPressOn 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[The importance of abiding by HIPAA for nurses]]>https://www.kravitzchan.com/?p=487932026-09-03T09:31:04Z2026-09-08T09:29:20Z Health Insurance Portability and Accountability Act, often referred to as HIPAA.
What does it cover?
HIPAA is not about how you directly treat a patient. It’s about how you treat their personal information. Hospitals do not give all staff the same level of access to information.
Mishandling that information could prove highly damaging to the person, which is why compliance is a must. Maybe a friend asks you if you can access their dad’s medical record because they suspect he is dying, but he continues to tell them he is fine. You cannot do that. Even if you were allowed access to that information (which you might be if you treated them), sharing it with someone unauthorized to access it would be a breach.
Altering or destroying records, such as if you wanted to help your mother get insurance by removing a particular diagnosis from her record, would also be considered a breach.
Carelessness can also lead to a HIPAA violation – for instance, if you leave a patient’s records lying about in the waiting room. Discussing a patient in a way that allows them to be identified while discussing them with a colleague in a bar after work might also be considered a breach.
You can violate HIPAA online, too
You also need to be careful what you say or write online. Asking a question about a condition you treated or sharing your nursing experiences in a closed Facebook group, needs to be done with the same care for patients’ personal information and HIPAA regulations as when discussing the matter in person.
If you are accused of a HIPAA breach, consider getting legal guidance to know how best to respond in order to protect your nursing license.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Social media and nursing careers: What to know]]>https://www.kravitzchan.com/?p=487842026-08-20T08:13:04Z2026-08-25T08:12:48ZThe line between public and private behavior can get blurry
A nurse was recently fired by her employer after posting a mean comment on social media about the White House Press Secretary that reflected poorly on her vocation as a labor and delivery nurse. Yet this case went further – the state’s nursing board actually suspended her license -- something the nurse in question is appealing.
The incident mentioned above shows how fast social media posts can quickly create professional issues. Potentially damaging online behavior can include:
Posting confidential information about a patient
Sharing photographs or videos taken in a health care setting
Making discriminatory or threatening comments
Discussing drug or alcohol use in a way that raises concerns about impairment
Identifying oneself as a nurse while posting content considered unprofessional
Attacking patients, colleagues or employers online
It’s also wise to remember that privacy settings offer thin protection. Screenshots can be posted by someone else, and copied, forwarded or reported to employers and licensing boards.
Nursing licenses hold the key to your career, and you cannot practice if you lose it. Challenges to them can come from all sorts of angles, including honest mistakes. Those facing a possible suspension should seek legal guidance to explore their options.
]]>On Behalf of Kravitz & Chan, LLP<![CDATA[Can billing errors trigger a healthcare license investigation?]]>https://www.kravitzchan.com/?p=487812026-08-13T13:14:29Z2026-08-18T13:14:04ZWhen do billing issues become a concern?
Neither the Medical Board of California (MBC) nor the Board of Registered Nursing (BRN) handles ordinary billing or fee disputes. These agencies generally step in only when billings involve allegations of fraud.
A single mistake does not establish fraud, and repeated errors do not automatically prove intent. To determine whether misconduct exists, regulators may consider patient complaints, insurer referrals, audit findings and evidence showing who prepared or approved the disputed claims.
Which actions suggest misconduct?
A licensing board may look more closely at the following practices when records suggest that you knew the claims were false:
Billing for services not provided
Using codes for more complex services than those performed
Submitting duplicate claims for the same service
Creating or changing records to support a false claim
While physicians submit the final claims, those bills depend on the nurse’s documentation. If you are a nurse, the BRN may compare the disputed claim with your charting, account access and communications about the bill. Those records can show whether you supplied inaccurate clinical information, changed supporting documentation or had no part in preparing the claim.
How can you protect your license?
A billing inquiry can be unsettling, especially when several people or departments contributed to the disputed claim. Reviewing the clinical and billing records together may clarify where the error occurred and whether it was an isolated incident.
Saving the original records and documenting any mistakes through established procedures can help protect your license by showing a clearer history of what happened. Counsel can explain your rights and assist with a response that addresses the disputed claims.]]>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[How hospital schedules can endanger a nurse’s license]]>https://www.kravitzchan.com/?p=487742026-07-14T09:19:46Z2026-07-17T09:19:08ZFalling asleep on duty is gross negligence
Nurses must respond promptly to signs of patient distress and call lights. They need to be ready to react quickly, especially with patients who are under active medical observation. For those working 12-hour shifts at hospitals, being awake and alert for half a day can quickly become a prohibitively difficult job expectation.
Nurses may experience profound fatigue, especially if they work multiple 12-hour shifts in close proximity to one another or stay extra hours due to high demand or a coworker calling in sick. Nurses who are usually diligent while working could doze off during their downtime if they have been on the clock for more than 10 hours. They could then face accusations of gross negligence that could cost them their jobs or their nursing licenses.
Nurses accused of gross negligence due to on-the-job fatigue may need help responding to the allegations against them at a disciplinary hearing. Retaining the support of a nursing license defense attorney can help medical professionals avoid the worst possible consequences for on-the-job issues that could otherwise endanger their careers.]]>On Behalf of Kravitz & Chan, LLP<![CDATA[What happens when a land surveyor is accused of map fraud?]]>https://www.kravitzchan.com/?p=487722026-07-13T07:54:20Z2026-07-10T07:16:39ZWhat map fraud means for a land surveyor
Map fraud in the context of land surveying typically involves allegations that a surveyor falsified, forged or misrepresented boundary data, survey maps or recorded documents under the Professional Land Surveyors' Act. This can include signing and sealing maps that contain inaccurate measurements, altering survey data to benefit a client, or recording documents that misrepresent property boundaries.
The state takes these allegations seriously because the consequences of fraudulent survey work extend well beyond the surveyor. Inaccurate maps can affect property rights, real estate transactions, construction projects and legal disputes for years or decades after the fact.
How the BPELSG handles the complaint
In California, land surveyors are regulated by the Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). When the board receives a map fraud complaint, it first determines whether it has jurisdiction. If it does, the board refers the case for investigation and may bring in technical experts depending on the complexity of the allegations.
During the investigation, the board may ask you to provide a written statement or sit for an interview with an investigator. Responding to the board's written requests is mandatory and failure to do so is itself grounds for discipline.
At the conclusion of the investigation, the board has three options:
close the case
issue a citation and fine
refer the matter to the California Attorney General's office for formal disciplinary action
If the Attorney General's office finds sufficient cause, it will file a formal accusation against you — a document that sets out the specific allegations and initiates the administrative hearing process.
What you can do to defend your license
You have the right to contest the allegations through a formal hearing before the California Office of Administrative Hearings (OAH), where an administrative law judge will hear both sides and issue a proposed decision. The BPELSG then reviews that decision and can adopt, modify or reject it.
Before a hearing, it is also possible to negotiate a stipulated agreement with the Attorney General's office, which may result in lesser discipline than a full revocation.
Getting legal counsel involved early is one of the most important steps you can take. A lawyer experienced in BPELSG matters can help you respond to the investigation, prepare for any interviews, and in some cases prevent the matter from escalating to a formal accusation at all.
]]>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.]]>