do i need a lawyer when lvn license suspension

If your PT or LVN license has been revoked, a California Professional License Defense lawyer can help. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can. Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals.

Full Answer

Why do nurses get suspended?

A nursing license can be suspended or revoked due to accusations of unprofessional conduct, misconduct, dereliction of duty, gross negligence or incompetence in complaints brought by patients, coworkers or employers.

What types of disciplinary actions can the Georgia Board of nursing take to sanction nurses?

What disciplinary actions can the Board of Nursing take?Issuing a private letter of concern.Issuing a public reprimand.Issuing a letter of concern to the nurse's employer.Issuing a monetary fine (including reimbursement of legal and administrative fees to the Board)Issuing a civil penalty.

How do you challenge LVN?

In order to challenge the LVN board examination, applicants must have at least 51 months of paid bedside nursing experience. This includes 48 months of general medical-surgical experience, six weeks maternity or genitourinary nursing, plus six weeks in pediatric nursing.

How do I file a complaint against an LVN in California?

To file a complaint against an LVN or PT.Phone: (916) 263-7827.Fax: (916) 263-7857.

What is the most common reason nurses are disciplined by state boards of nursing?

The most frequent reason for discipline is practicing while impaired. SBNs set and enforce minimum criteria for nursing education programs. Schools of nursing must have state approval to operate.

What happens when a nurse is reported to the board?

Once a complaint hits their desk, the board has to determine if the facts as stated in the complaint are a violation of the laws that govern a nurse's practice. If so, an investigation is initiated, and the nurse may respond to the allegations. The board then resolves the complaint. It may or may not require a hearing.

Can an LVN challenge the RN boards?

In California, a prospective LVN can challenge the board and sit for the LVN licensing exam- without having to go through an approved, formal LVN program.

Can an RN work as an LVN in California?

RN AS LVN: The Board has been asked whether a person holding both current registered nursing (RN) and licensed vocational nursing (LVN) licenses may legally accept a position as an LVN. It is legal for the holder of both licenses to practice as an LVN.

Can you challenge the NCLEX without going to nursing school?

Yes you can take your NCLEX test. your a graduate nurse! You dont have to study nursing again.

How do you report a nurse for unethical behavior?

For more on the complaints process and how it applies in individual situations, contact the CLPNA Complaints Department, Ask CLPNA, or call 780-484-8886 or 1-800-661-5877 (toll free in Alberta).

How do I report a nurse in California?

To file a complaint, log onto the BRN's Web site, www.rn.ca.gov and click on the "Enforcement" tab at the top of the page to access the complaint form and more information about the complaint process. You can also call the BRN at (916) 322-3350 and ask to have a complaint form mailed to you.

How long does a BRN investigation take?

between 6-14 monthsIn fact, BRN is allowed to investigate nurses who have done nothing wrong, just to make sure they are complying with the law. Based on dozens of investigations, we estimate that most investigations take between 6-14 months from the start of the investigation to the issuance of an Accusation or the close of the case.

What happens if you are arrested but never filed charges?

If you were arrested, but charges were never filed and you never went to court, or if you went to court and the DA dropped the charges against you, you were not ordered by the court to do anything or pay any fines , you do not have to disclose this to the BVNPT. If you do disclose an arrest unnecessarily, ...

What happens if you don't disclose your expunged conviction?

If you do not disclose an expunged conviction or required dismissed conviction, the BVNPT will do one of two things. They will inform you that you are missing information on your LVN application and request further explanation and supporting documents, or they will deny your license based on an attempt to fraudulently procure a license.

What happens if you disclose an arrest?

If you do disclose an arrest unnecessarily, it is possible that the BVNPT could investigate the underlying reason for the arrest and could deny the license based on their own determination of the facts of the case or your own admissions or statements.

Can you appeal a LVN license?

The good news is that we have an incredible success rate in winning appeals and 99% of our LVN applicants are able to get their LVN licenses on the first appeal. If you have a criminal history and are unsure about if or how to disclose it, please give us a call. We can help you with the application itself, ensuring everything is perfect and setting you up for the best chance of getting your license free and clear! We will give you an honest opinion about the likelihood of success and all of your options moving forward to get your LVN license.

Can you get a LVN license with a conviction?

Applying for an LVN license with a Dismissed or Expunged Conviction. If you are applying for an LVN license and have a past arrest that was “dismissed” by the courts, you probably still have to disclose it to the Board of Vocational Nursing & Psychiatric Technicians (BVNPT).

Do you have to disclose a conviction on an employment application?

Once a conviction has been expunged, you will not have to disclose it on an employment application and to the majority of the world, it is as if it never happened. However, the BVNPT still wants to know about it, you are required to disclose it and the BVNPT can still deny your LVN license application for the underlying incident ...

What happens if you lose your LVN license?

If your LVN license was revoked, you can petition for reinstatement if you have met a few critical criteria: you’ve waited either 1 or 3 years, you have some evidence of rehabilitation, and you have continued with your CE courses. Vocational nurses will lose their LVN licenses for 2 reasons: 1.)

What happens if a nurse license is revoked?

If a license is revoked, there is a good chance that the nurse will be placed on the Health and Human Services (HHS) Federal Office of Inspector General (OIG) List of Excluded Individuals/Entities or the state’s version: the Medi-Cal Suspended and Ineligible Provider List. (That is an additional process, and the subject of an entire post of its own. Click here for more on that super-fun experience.) If you want to actually use your LVN license once you get it back, you have to get off of these lists, too.

How long does it take to get your Lvn license back?

The process to get your LVn license back is called a Petition for Reinstatement. WAITING. Once a license is revoked, there is a waiting period of 1 year for revocations resulting from mental or physical health or three years for everything else.

How to get reinstatement petition?

In order to get the paperwork, you just have to contact the BVNPT and tell them you want to petition for reinstatement- they will mail you the document. Making sure that all the paperwork is in order, all present and all compelling enough to be granted is difficult just on its own.

Why do vocational nurses lose their licenses?

Vocational nurses will lose their LVN licenses for 2 reasons: 1.) They voluntarily surrender the LVN license or 2.) The LVN license is revoked by the BVNPT. Once a LVN license is surrendered or revoked, it is possible to get it back but it is a long process and it is an uphill battle. The process to get your LVn license back is called ...

How long does it take for a BVNPT to hear a case?

Once the Petition for Reinstatement is filed, the BVNPT sets a date for the case to be heard by them in person. The BVNPT is busy and as of this post, it’s taking a year to get on their calendar to be heard. This is now four years from surrender.

What happens if a nurse's license is suspended?

For example, if the license was suspended because of a substance use disorder, despite successful treatment for that disorder, the board may restrict the nurse from practicing alone on a night shift for a period of years.

What can a nurse do after a suspension order?

When completion of all requirements of the order of suspension are met, the nurse can then petition the board for reinstatement of the license. Many boards have specific requirements that must be included in the petition, including details of meeting the parameters of the suspension order and attaching supporting documents, letters of recommendation and other information.

How long does a nurse have to be disciplined?

Although timeframes vary and would depend again on why the nurse was disciplined, the order could specify one or several months to one or several years. Another obstacle facing a nurse with a suspension of the license is when the suspension took place and when he or she may apply for reinstatement. If the timeframe is a long one, ...

What happens if a suspension occurs because of a clinical error during the provision of patient care?

Likewise, if the suspension occurred because of a clinical error during the provision of patient care, character and fitness to be licensed also will be evaluated, albeit with different factors to consider.

Can a nurse board meet with a petitioner?

Often the board will want to meet with the petitioner so the board members can ask additional questions of the applicant. Likewise, the applicant may want to verbally provide additional information to the board members. If reinstatement is granted, the board’s order will include any limitations on the nurse’s practice.

Do you need to take continuing education to get a license?

In states that require continuing education for licensure or re-licensure, that requirement will need to be met before restoration of the license can occur and within the time limits for taking such courses .

Is a suspension of RN license a serious discipline?

A reader submitted a question about her RN license being suspended and wonders what she should do to get her license back. A suspension of one’s professional nursing license is a serious discipline. Only a revocation is grimmer. Although any professional licensure discipline may present problems, a suspension raises unique complications.