Second DUI for Registered Nurses

RN License Defense Lawyer Protecting Your Rights

Being arrested for a DUI is a major life event with serious consequences. This can be an extremely stressful and confusing time. Trying to navigate insurance, lawyers, and law enforcement can be overwhelming. Even if you’ve gone through the process before, it’s likely you didn’t have the best experience and wouldn’t exactly consider yourself an expert on the second go-around. If you’re a registered nurse, a second DUI arrest is all the more distressing. While DUIs are expensive and damaging for the general public, it can have devastating effects on an RN’s career and future. Even the first DUI puts a nurse at risk of having his or her license revoked. A second DUI only increases the chances of more severe punishment. If you are facing a second DUI arrest, call an experienced RN license defense lawyer.

Contributing Factors

There are many factors that can affect the outcome of a second DUI, including:

• Is this a DUI arrest, or have you already been convicted?
• What were the circumstances of your first DUI?
• What did the board decide was appropriate punishment for the first DUI?
• Was there a conviction for the first DUI or was it only an arrest?
• Are you currently on probation with the board of registered nurses (BRN)?

How to Keep your License

The Board of Registered Nurses as it currently stands is a very rigid and harsh enforcement agency. This is different from how it was a few years ago due, in part, to an expose in the LA Times. This article exposed a general lack of serious disciplinary repercussions for nurses who engaged in unseemly behavior as well as a significant backlog in evaluating these violations. After this public exposure, there was a purge of the Board as well as its executive staff. Now it’s much more difficult to get away with behavior that goes against the BRN’s code of conduct.

While the Board of Registered Nurses has seriously cracked down on DUIs and other illegal behavior, they aren’t itching to revoke as many licenses as possible. After all, what is a Board of Registered Nurses without any RNs? As long as you accept the Board’s Standard Conditions of Probation, it may be possible to keep your license. Because probation is actually a very serious punishment, the BRN is often satisfied with a nurse going on probation and will not insist on license revocation. It’s very important to realize just how restrictive and difficult being on probation with the Board can be. For that reason, it’s best to contact a RN license defense lawyer who could assist you.

Standard Probation Conditions

The following list are the standard probation conditions that are often required of nurses who have been arrested or convicted of one or more DUIs in order to keep his or her license to practice:
Obey all laws – All federal, state, and local laws must be followed in order to be in good standing during probation. In order to monitor this, the nurse must submit to and pay for fingerprinting within 45 days of the effective date of the decision.

Comply with the Board’s probation program – The nurse on probation must follow all conditions established by the Board and cooperate with all representatives of the Board in its monitoring and investigation of the nurse’s compliance. The nurse must notify the Board in writing of any chances to address within 15 days.

Report in Person

Out of state licensure, residency, or practice – Any time spent outside of California in residency or practicing as an RN will not apply towards the probationary period. The nurse must provide written notice to the Board within 15 days of a change of residence or practice outside California and within 30 days before returning to practice within the state. The nurse must provide a list of all states and territories where he or she has ever been license as a nurse in any capacity.

• Submit written reports – The nurse must provide written reports and declarations to provide information regarding the nurse’s compliance of all conditions of the Board’s Probation Program.
• Function as a registered nurse – During probation, the nurse must continue to practice as a registered nurse in California for at least 24 hours per week for 6 consecutive months, or as otherwise determined by the Board. It is possible that this work may be volunteer work or in non-direct patient care, so long as it is approved by the Board. A RN license defense lawyer can help you fight this.
• Employment approval and reporting requirements – All employment or voluntary work as a registered nurse must be submitted to the Board for review and approval. A copy of the Board’s decision must be provided to the employer. The Board must be notified in writing within 72 hours of gaining nursing or other healthcare-related employment. Likewise, the Board must be notified in writing within 72 hours of any separation or termination of employment.
• Supervision – The nurse may only practice under the direct supervision of a registered nurse in good standing with the Board unless otherwise approved. The exact level of supervision and/or collaboration over the nurse must be approved by the Board. The levels range from maximal (supervisor must be present during all patient care) to minimal (person-to-person communication with the supervisor at least twice each shift).
• Employment limitations – The nurse is prohibited from working in a variety of roles during probation, including as a supervisor over any other registered nurses.
• Nursing courses – The nurse must complete a course relevant to the practice of registered nursing no later than six months prior to the end of his or her probation at his or her own expense. This course must be approved by the Board before enrolling and the original transcripts or certificates of completion must be provided to the Board.
• Cost recovery – The nurse must pay the Board for all costs associated with the investigation and enforcement of his or her violation and subsequent probation. It may be possible to have a payment plan approved by the Board.
• Violation of probation – If the nurse violates any condition of the probation, the Board will provide notice to the nurse and provide an opportunity to be heard before taking further action.
• License surrender – It may be possible for the nurse to surrender his or her license if he or she decides to retire or stop practicing for health reasons, or is unable to meet the requirements of his or her probation. The Board has the right to review the request and take any alternative action it deems is appropriate.

There are additional optional conditions that may apply depending on the circumstances of the nurse’s DUI and history of punishment. Obviously, this is a very burdensome process, but is much better than having the license revoked completely. Be sure to contact an experienced RN license defense lawyer as soon as possible when arrested or convicted of a second DUI in order to increase your chances of a favorable outcome in Court and with the Board.

Call an RN License Defense Lawyer If You’ve Been Charged of a Second DUI

Rose Law is committed to getting the best possible results for your case. Whatever the circumstance may be, you can trust our attorneys to defend your rights. Give us a call at (800) 456-3767 and speak with an RN license defense lawyer about your case.