Board of Registered Nursing License Attorney

• Drug/alcohol abuse
• Gross negligence/incompetence, resulting in patient endangerment
• Patient abuse and neglect
• Sexual, violent, or abusive offenses
• Fraud or theft offenses
• Mentally impaired and unsafe to practice
• Other acts or convictions substantially related to the practice of nursing
• Practicing nursing without a license
• RNs on probation who have violated their probation conditions

• Interpersonal conflicts
• Employee-employer relations
• Labor issues
• Rudeness or impolite behavior
• Billing disputes
• Complaints against health care practitioners that are not Registered Nurses
• Complaints against health care facilities, clinics, or agency operations

Yes, the BRN will accept anonymous complaints. However, complaints that do not include the name of the person involved or do not include specific details, including dates and times, list of witnesses or contacts, as well as any documentary evidence are difficult to adequately investigate. If a complainant “confidentially” provides his or her name, address or phone number, the BRN cannot and does not guarantee anonymity if the case goes to hearing because you have a right to confront and cross examine witnesses as part of the appeals process.

Within 10 days after receipt of a complaint, the BRN sends the complainant written notification of receipt. Enforcement Program staff evaluate the complaint and obtain any additional preliminary information needed. This is done for appropriate prioritization. Depending on this step, the complaint is handled in one or more of the following ways:

• Close non-jurisdictional Complaints that do not fall within the BRN’s jurisdictional authority are closed and referred to the appropriate agency.
• Refer to the Diversion Program Complaints involving chemical dependency, alcohol abuse, or mental illness are referred and evaluated for eligibility for the Diversion Program.
• Refer to the Nursing Education Consultant (NEC) For nursing practice complaints, Board NECs may conduct the initial investigation to further assess the complaint. The NECs and/or outside experts may also become involved in the analysis of DOI reports.
• Refer to the Division of Investigation (DOI) Complaints which appear to involve a violation of the Nursing Practice Act are referred to the DOI for an investigation.

The Division of Investigation, California Department of Consumer Affairs, employs sworn peace officers to conduct investigations on behalf of the Board of Registered Nursing (BRN).

The BRN investigator will interview the Registered Nurse licensee and, as needed, interview the complainant, patient, co-workers and employers. The BRN investigator will also gather documentation, such as patient records, personnel records, etc., from relevant sources. After all pertinent information is collected, the investigator prepares a report for the BRN.

Registered Nurses can and should have a skilled and experienced nursing license defense lawyer representing them throughout the BRN investigation including responding to the BRN’s investigator’s first letter, responding to the request for authorization to release employment records, requests for court or arrest records, requests for a written statement, and the investigative interview.

A complainant generally does not receive status updates or investigative details after the initial complaint is made to the Board of Registered Nursing (BRN) and complaint information is gathered. BRN Enforcement Program staff does not discuss details or give status updates on complaints pending investigation. Complaints to the BRN against Registered Nurses are confidential and are not made public unless an until an Accusation is filed against the Registered Nurse’s nursing license.

If there is sufficient evidence to substantiate a violation of the California Nursing Practice Act, a pleading is filed by the Board of Registered Nursing (BRN) with the California Attorney General’s Office. The Registered Nurse (RN) is sent this pleading, which is called an Accusation.

The BRN Accusation an accusatory pleading containing allegations and formal charges against the Registered Nurse’s nursing license. The RN must respond to the Accusation with a Notice of Defense (NOD) within 15 days to challenge the allegations in the Accusation and demand an administrative hearing before the California Office of Administrative Hearings (OAH).

Once filed, the Accusation becomes public and is visible on the Board of Registered Nursing (BRN) website. The complainant is notified in writing if an Accusation issued resulting from his or her BRN complaint against the nurse.

The amount of time necessary to resolve a Board of Registered Nursing (BRN) complaint or Accusation issued against a Registered Nurse (RN) depends on the complexity of the complaint and the type and scope of investigation and review necessary to address the allegations. It also depends on whether a complaint is substantiated. Therefore, the complaint can take anywhere from months to years to resolve.

If the Board of Registered Nursing (BRN) closes a case against a Registered Nurse (RB) after review or investigation and deems it to be “without merit” then this means there was insufficient evidence to substantiate a violation of the California Nursing Practice Act.

“Closed with merit” in the context of a BRN complaint and investigation means the alleged violation did not reach a level where the Attorney General’s Office could substantiate the imposition of limitations or restrictions on the Registered Nurse’s professional license. However the complaint will be maintained on file with the Board of Registered Nursing for future reference.

In lieu of filing an Accusation, a citation, which may contain an administrative fine and/or order of abatement, can be issued by the Board of Registered Nursing (BRN) for lesser violations of the California Nursing Practice Act.