A report to the Board of Registered Nursing can follow an internal investigation, a termination, a medication discrepancy, or an arrest. The Law Offices of Nathan Mubasher represents registered nurses, nurse practitioners, and other advanced practice nurses in Board matters, from the first letter through hearing and probation. This page explains how the process generally works.
Which board regulates your license
The Board of Registered Nursing (BRN) licenses registered nurses and certifies advanced practice roles, including nurse practitioners, nurse anesthetists, nurse-midwives, and clinical nurse specialists, under the Nursing Practice Act (Business and Professions Code section 2700 and following). Licensed vocational nurses and psychiatric technicians are regulated by a separate board, the Board of Vocational Nursing and Psychiatric Technicians, under the Vocational Nursing Practice Act (Business and Professions Code section 2840 and following) and the Psychiatric Technicians Law (section 4500 and following). The general framework below applies to both, but the details differ.
For the process that applies across California licensing boards, see Professional License Defense.
How BRN cases start
Common sources of BRN complaints include:
- Reports from employers after an internal investigation, a drug diversion audit, or a termination
- Patient and family complaints
- Arrest and conviction information from the Department of Justice, based on the fingerprints nurses submit for licensure (Business and Professions Code section 144; Penal Code section 11105.2)
- Renewal disclosures of convictions or discipline in another state
- Discipline by another state’s nursing board, which can itself be a ground for discipline in California (Business and Professions Code section 2761)
The grounds for discipline most often cited include unprofessional conduct, gross negligence, and incompetence (section 2761), conduct involving controlled substances or alcohol (section 2762), and convictions substantially related to nursing practice (section 490 and section 2761).
The investigation
After intake, the BRN may request a written statement, employment and training records, and patient charts, and may assign the case to an investigator, either from the BRN’s own investigation unit or from the Department of Consumer Affairs Division of Investigation, whose investigators are sworn peace officers. The nurse may be asked to participate in an interview. As with any board, what you say and submit becomes part of the record that a Deputy Attorney General and an Administrative Law Judge may later read.
Practical points at this stage:
- Read the letter closely and calendar any response date.
- Do not contact the complainant or co-workers about the complaint.
- Gather your own documentation, such as schedules, assignment sheets, training records, and any written statements you gave your employer.
- If the employer investigation included a statement from you, review it before responding to the Board, so your accounts are consistent.
- If there is a pending criminal case, coordinate any Board response with your criminal defense counsel.
The Intervention Program
The BRN operates an Intervention Program for nurses whose practice may be affected by substance use or a mental health condition (Business and Professions Code section 2770 and following). Participation is voluntary and confidential, and the program is designed as an alternative to discipline. A nurse can self-refer, and a nurse under investigation may ask to enter. The Board can still investigate, but discipline for conduct before or during participation generally does not proceed unless the nurse withdraws or is terminated from the program (section 2770.7).
The program involves an individualized plan of treatment, monitoring, and testing. Whether it is the right choice depends on the facts, the nurse’s goals, and how the program interacts with any pending complaint or employment issue. That decision is worth discussing with counsel before signing anything.
Accusations, hearings, and decisions
If the BRN decides to seek discipline, the Attorney General’s office files an Accusation on the Board’s behalf. The nurse generally has 15 days after service to file a Notice of Defense (Government Code section 11506). Without one, the Board may issue a default decision, which can mean revocation without a hearing.
After the Notice of Defense, the case moves to discovery and settlement discussions with the Deputy Attorney General, and then, if it does not resolve, to a hearing before an Administrative Law Judge of the Office of Administrative Hearings. The judge issues a proposed decision, which the Board may adopt, mitigate, or reject and decide itself on the record (Government Code section 11517).
Possible outcomes include closure, a public reproval, probation, suspension, surrender, or revocation. The BRN’s Recommended Guidelines for Disciplinary Orders and Conditions of Probation (Title 16, California Code of Regulations, section 1444.5) describe typical terms. Probation terms can include education, work-site supervision, restrictions on certain employment settings, and, in substance cases, testing and treatment. These terms affect where and how a nurse can work, so they deserve as much attention as the length of probation.
Applicants and Statements of Issues
Nursing students and nurses licensed elsewhere may be denied a California license based on a qualifying conviction or prior discipline, within the limits described below, or on other grounds in the Nursing Practice Act, such as unprofessional conduct or a false statement in the application (Business and Professions Code section 2761). Business and Professions Code section 480, which applies to the BRN, generally bars denial based on a conviction that is more than seven years old or not substantially related to nursing (with exceptions, such as serious felonies and offenses requiring sex offender registration), and bars denial based on a conviction when the applicant has made a showing of rehabilitation under section 482. An applicant who is denied can generally request a hearing, and the Board then files a Statement of Issues. Strong documentation of rehabilitation, such as completion of probation, treatment records, and employer or instructor letters, is often central to these cases.
Other states and the Data Bank
Final BRN actions are public and are reported to the National Practitioner Data Bank, and the BRN participates in the national Nursys license database. California is not a member of the Nurse Licensure Compact, so nurses who hold licenses in other states should expect those boards to review a California action under their own rules.
How the office helps nurses
Nathan Mubasher works directly with each nurse client. Depending on the stage, the work can include preparing written responses and interview preparation, gathering records and character evidence, evaluating whether the Intervention Program makes sense, filing the Notice of Defense, negotiating with the Deputy Attorney General, representing the nurse at hearing, and handling petitions to modify or terminate probation or to reinstate a license.
For a broader overview, read Professional License Defense in California: A Survival Guide for Physicians and Nurses.
Frequently asked questions
My employer reported me to the BRN. What happens next?
The Board reviews the report and decides whether to open an investigation. You may receive a letter asking for a statement or records. Before responding, review what you told your employer, gather your own records, and get advice on how to present the facts accurately.
Can I keep working as a nurse while the BRN investigates?
Usually, yes. An investigation alone does not suspend a license. In serious cases the Board can seek an interim suspension order, and an employer may make its own decision about your employment while the matter is pending.
Is the Intervention Program the same as discipline?
It is designed as a confidential alternative to discipline for nurses whose practice may be affected by substance use or a mental health condition. It has strict requirements. Records are purged after successful completion, but a nurse who is terminated from the program can face discipline for earlier conduct (sections 2770.7 and 2770.12). Whether it fits your situation depends on the facts of your case.
Do I have to tell the BRN about a conviction?
For applicants, section 480 generally bars the BRN from requiring disclosure of criminal history on the application; the Board learns of it through fingerprint checks and may ask applicants to provide mitigating information voluntarily. Licensees must disclose convictions since their last renewal on the renewal form (Title 16, California Code of Regulations, section 1419), and the BRN asks licensees to report convictions within 30 days. A false answer can become a separate ground for discipline, so answer carefully and keep copies of court records.
How long do I have to respond to an Accusation?
Generally 15 days after service under Government Code section 11506. Filing a Notice of Defense preserves your right to a hearing. Missing the deadline can lead to a default decision.
Related pages
- Professional License Defense
- Medical Board of California Investigations
- Peer Review and Credentialing
- About Nathan Mubasher
Talk with Nathan Mubasher
Call 1-800-691-2721 or request a confidential consultation. Each inquiry is reviewed directly by Attorney Nathan Mubasher. Submitting a request does not create an attorney-client relationship, so please do not send confidential documents until your matter has been accepted for review.
Attorney Advertising. Law Offices of Nathan Mubasher, 8583 Irvine Center Drive, Suite 35, Irvine, CA 92618. Responsible attorney: Nathan Mubasher. This page provides general information about California law, not legal advice for any specific situation. Reading it or contacting the office does not create an attorney-client relationship. Every matter is different, and no particular result can be guaranteed.