2007 California Business and Professions Code Article 3. Disciplinary Proceedings

CA Codes (bpc:2750-2765)

2750.  Every certificate holder or licensee, including licensees
holding temporary licenses, or licensees holding licenses placed in
an inactive status, may be disciplined as provided in this article.
As used in this article, "license" includes certificate,
registration, or any other authorization to engage in practice
regulated by this chapter.  The proceedings under this article shall
be conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.



2751.  (a) Notwithstanding any other law, the board may, in its
discretion, accept the surrender of a license through a stipulated
agreement in the absence of a pleading when the ability of a
registered nurse to practice nursing safely is impaired due to mental
or physical illness.
   (b) This alternative proceeding shall apply only to cases that
would otherwise have been processed pursuant to Section 820.
   (c) Until the time that the licensee signs the stipulated
agreement for license surrender, he or she may elect to have the
disciplinary process conducted pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
   (d) The stipulated agreement in this alternative proceeding shall
specify that:
   (1) The license surrender shall be public information and shall be
considered a disciplinary action.
   (2) The licensee may petition the board for reinstatement after a
period of not less than one year after the effective date of the
decision.
   (3) Any reinstatement proceeding shall be conducted pursuant to
Section 2760.1.
   (4) Upon seeking reinstatement, it is the responsibility of the
former licensee to submit competent evidence of the ability to safely
and competently practice as a registered nurse.



2759.  The board shall discipline the holder of any license, whose
default has been entered or who has been heard by the board and found
guilty, by any of the following methods:
   (a) Suspending judgment.
   (b) Placing him upon probation.
   (c) Suspending his right to practice nursing for a period not
exceeding one year.
   (d) Revoking his license.
   (e) Taking such other action in relation to disciplining him as
the board in its discretion may deem proper.


2760.  If the holder of a license is suspended, he or she shall not
be entitled to practice nursing during the term of suspension.
   Upon the expiration of the term of suspension, he or she shall be
reinstated by the board and shall be entitled to resume his or her
practice of nursing unless it is established to the satisfaction of
the board that he or she has practiced nursing in this state during
the term of suspension.  In this event, the board shall revoke his or
her license.



2760.1.  (a) A registered nurse whose license has been revoked, or
suspended or who has been placed on probation may petition the board
for reinstatement or modification of penalty, including reduction or
termination of probation, after a period not less than the following
minimum periods has elapsed from the effective date of the decision
ordering that disciplinary action, or if the order of the board or
any portion of it is stayed by the board itself or by the superior
court, from the date the disciplinary action is actually implemented
in its entirety:
   (1) Except as otherwise provided in this section, at least three
years for reinstatement of a license that was revoked, except that
the board may, in its sole discretion, specify in its order a lesser
period of time provided that the period shall be not less than one
year.
   (2) At least two years for early termination of a probation period
of three years or more.
   (3) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination of probation of less than three years.
   (b) The board shall give notice to the Attorney General of the
filing of the petition.  The petitioner and the Attorney General
shall be given timely notice by letter of the time and place of the
hearing on the petition, and an opportunity to present both oral and
documentary evidence and argument to the board.  The petitioner shall
at all times have the burden of proof to establish by clear and
convincing evidence that he or she is entitled to the relief sought
in the petition.
   (c) The hearing may be continued from time to time as the board
deems appropriate.
   (d) The board itself shall hear the petition and the
administrative law judge shall prepare a written decision setting
forth the reasons supporting the decision.
   (e) The board may grant or deny the petition, or may impose any
terms and conditions that it reasonably deems appropriate as a
condition of reinstatement or reduction of penalty.
   (f) The petitioner shall provide a current set of fingerprints
accompanied by the necessary fingerprinting fee.
   (g) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or subject to
an order of registration pursuant to Section 290 of the Penal Code.
No petition shall be considered while there is an accusation or
petition to revoke probation pending against the petitioner.
   (h) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.



2761.  The board may take disciplinary action against a certified or
licensed nurse or deny an application for a certificate or license
for any of the following:
   (a) Unprofessional conduct, which includes, but is not limited to,
the following:
   (1) Incompetence, or gross negligence in carrying out usual
certified or licensed nursing functions.
   (2) A conviction of practicing medicine without a license in
violation of Chapter 5 (commencing with Section 2000), in which event
the record of conviction shall be conclusive evidence thereof.
   (3) The use of advertising relating to nursing which violates
Section 17500.
   (4) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action against a health care professional
license or certificate by another state or territory of the United
States, by any other government agency, or by another California
health care professional licensing board.  A certified copy of the
decision or judgment shall be conclusive evidence of that action.
   (b) Procuring his or her certificate or license by fraud,
misrepresentation, or mistake.
   (c) Procuring, or aiding, or abetting, or attempting, or agreeing,
or offering to procure or assist at a criminal abortion.
   (d) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violating of, or conspiring to violate
any provision or term of this chapter or regulations adopted pursuant
to it.
   (e) Making or giving any false statement or information in
connection with the application for issuance of a certificate or
license.
   (f) Conviction of a felony or of any offense substantially related
to the qualifications, functions, and duties of a registered nurse,
in which event the record of the conviction shall be conclusive
evidence thereof.
   (g) Impersonating any applicant or acting as proxy for an
applicant in any examination required under this chapter for the
issuance of a certificate or license.
   (h) Impersonating another certified or licensed practitioner, or
permitting or allowing another person to use his or her certificate
or license for the purpose of nursing the sick or afflicted.
   (i) Aiding or assisting, or agreeing to aid or assist any person
or persons, whether a licensed physician or not, in the performance
of, or arranging for, a violation of any of the provisions of Article
12 (commencing with Section 2220) of Chapter 5.
   (j) Holding oneself out to the public or to any practitioner of
the healing arts as a "nurse practitioner" or as meeting the
standards established by the board for a nurse practitioner unless
meeting the standards established by the board pursuant to Article 8
(commencing with Section 2834) or holding oneself out to the public
as being certified by the board as a nurse anesthetist, nurse
midwife, clinical nurse specialist, or public health nurse unless the
person is at the time so certified by the board.
   (k) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensed or certified nurse to patient, from patient to patient, and
from patient to licensed or certified nurse.  In administering this
subdivision, the board shall consider referencing the standards,
regulations, and guidelines of the State Department of Health
Services developed pursuant to Section 1250.11 of the Health and
Safety Code and the standards, guidelines, and regulations pursuant
to the California Occupational Safety and Health Act of 1973 (Part 1
(commencing with Section 6300), Division 5, Labor Code) for
preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings.  As necessary, the
board shall consult with the Medical Board of California, the Board
of Podiatric Medicine, the Dental Board of California, and the Board
of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
   The board shall seek to ensure that licentiates and others
regulated by the board are informed of the responsibility of
licentiates to minimize the risk of transmission of blood-borne
infectious diseases from health care provider to patient, from
patient to patient, and from patient to health care provider, and of
the most recent scientifically recognized safeguards for minimizing
the risks of transmission.



2762.  In addition to other acts constituting unprofessional conduct
within the meaning of this chapter it is unprofessional conduct for
a person licensed under this chapter to do any of the following:
   (a) Obtain or possess in violation of law, or prescribe, or except
as directed by a licensed physician and surgeon, dentist, or
podiatrist administer to himself or herself, or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any
dangerous drug or dangerous device as defined in Section 4022.
   (b) Use any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug or dangerous device as defined in Section 4022, or
alcoholic beverages, to an extent or in a manner dangerous or
injurious to himself or herself, any other person, or the public or
to the extent that such use impairs his or her ability to conduct
with safety to the public the practice authorized by his or her
license.
   (c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.
   (d) Be committed or confined by a court of competent jurisdiction
for intemperate use of or addiction to the use of any of the
substances described in subdivisions (a) and (b) of this section, in
which event the court order of commitment or confinement is prima
facie evidence of such commitment or confinement.
   (e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a) of this
section.


2764.  The lapsing or suspension of a license by operation of law or
by order or decision of the board or a court of law, or the
voluntary surrender of a license by a licentiate shall not deprive
the board of jurisdiction to proceed with any investigation of or
action or disciplinary proceeding against such license, or to render
a decision suspending or revoking such license.



2765.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge substantially related to the
qualifications, functions and duties of a registered nurse is deemed
to be a conviction within the meaning of this article. The board may
order the license or certificate suspended or revoked, or may decline
to issue a license or certificate, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.