Licensed Vocational Nurse Defense
Nursing License Defense > Licensed Vocational Nurse Defense
Ray & Bishop, PLC, California’s Premier Professional License Firm, leads in California in defending licensed vocational nurses from Board of Vocational Nursing accusations. If you have an LVN license accusation from the BVNPT relating to violations of the Business and Professions Code and the Nursing Practice Act, such as a drunk driving conviction (conviction for DUI), conviction for drugs, or other criminal case, our firm can help you defend your LVN license through the disciplinary process.
Ray & Bishop, PLC also defends nurses during the application stage. The nursing license application requires the LVN license applicant to answer questions about whether they have been convicted of any office or have ever had disciplinary proceedings against any license in the Reporting Prior Convictions or Discipline Against Licenses section. We can help explain the “yes” answer and help gather documents to submit to the Board, which usually requires a full written explanation of the event, copies of arrest and court documents, and documented evidence of rehabilitation.
The case for a nurse defending their LVN license may begin with an investigation by the Board of Vocational Nursing or the Department of Consumer Affairs. A letter will generally notify the LVN of an investigation against their license. The investigator working for the Board of Vocational Nursing or at a Department of Consumer Affairs office will usually want to interview the licensed vocational nurse regarding a complaint or incident. When the investigation is complete, the BVNPT or DCA investigator will forward the case to the Board. The Board can then forward the case to the Office of the Attorney General at the California Department of Justice, where a Deputy Attorney General will file and serve an Accusation with a Statement to Respondent and a Request for Discovery. Filing a Notice of Defense is the first step of a nurse license defense after receipt of an Accusation, Statement to Respondent, and Request for Discovery. The Notice of Defense form, required under Government Code sections 11505 and 11506, requests a hearing for the nurse to defend his or her license. Failure to file the Notice of Defense within the timeframe given in the Statement to Respondent can lead to a default. The Request for Discovery under Government Code section 11507.6 is a request for the evidence that the nurse will use to defend her or his license at an administrative hearing.
If the Board of Vocational Nursing and Psychiatric Technicians denies the license application, they will send out a denial letter that states that the license is denied, usually due to Sections 480(a)(2), 480(a)(3), and sometimes 2761(a) of the Business and Professions Code. An LVN license applicant has the right to request a formal hearing under Business and Professions Code section 485(b) when they receive a denial letter, but that request must be made to the Board within 60 days of the date of the notice. After the request for hearing has been sent to the Board, the Board will generally send the denied nurse applicant a letter acknowledging receipt of the notice of appeal and stating that the matter is being forwarded to the Office of the Attorney General. Eventually, the Attorney General will send the LVN applicant a Statement of Issues and Notice to Respondent. The Statement of Issues, which is brought under Business and Professions Code section 2736, section 480, and section 475, opens a formal case with the Office of Administrative Hearings. At this time, an LVN license applicant can potentially settle the case by negotiating terms of probation with the Board, or, if settlement fails, the applicant must go to a formal hearing before an administrative law judge.
If you have an LVN Board accusation or need to report a criminal conviction or prior discipline on your LVN application, having an attorney experienced in nurse license defense is invaluable. The attorneys at Ray & Bishop, PLC, have a proven track record of defending nurses, saving nursing licenses, and getting applications approved for nurse licenses by the Board of Vocational Nursing and Psychiatric Technicians.
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