BOARD OF REGISTERED NURSING

JANETTE WACKERLY, MBA, RN

SUPERVISING

NURSING EDUCATION CONSULTANT

916-574-7686

Business Goal of Enhancing Public Safety

www.rn.ca.gov

Board of Registered Nursing

1747 North Market Blvd., # 150

Sacramento, CA

95834

916-322-3350

http://www.propublica.org/series/nurses

L.A Times Articles:

When Caregivers Harm: Problem Nurses Stay on Job s Patients Suffer

Reform of California Nursing Board’s Discipline System Shows Early Progress

State Board Seeks Swifter Action Against Errant Nurses

Loose Reins on Nurses in Drug Abuse Program

Charles Orenstein and Tracy Webb

Mission Statement

“Protection of the public shall be the highest priority

for the Board of Registered Nursing in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the pubic shall be paramount”.

The BRN Oversees

As of March 2012

RN 386,545

CNS 3,124

CRNA 2,094

CNM 1,220

NP 16,641

PHN 52,513

RN Psych/Mental Health listings 386

Continuing Education Providers 3,437

Licensing Program 2011-2012

Applications Licenses/Certs

Received Issued

Registered Nurses

Examination

27,227

Licenses 22,948

Endorsement 9,496

Certificates 5,045

APPLICANTS AND LICENSEES

WITH ENFORCEMENT ISSUES

Board of Registered Nursing

Application for Licensure by Examination

HAVE YOU EVER HAD DISCIPLINARY PROCEEDINGS AGAINST ANY LICENSE AS A

RN OR ANY HEALTH-CARE RELATED LICENSE OR

CERTIFICATE INCLUDING REVOCATION, SUSPENSION, PROBATION, VOLUNTARY

SURRENDER, OR ANY OTHER PROCEEDING IN ANY

STATE OR COUNTRY?

Have You Ever…?

IF YES, PLEASE PROVIDE A DETAILED WRITTEN

EXPLANATION, INCLUDING THE DATE AND STATE OR COUNTRY

WHERE THE DISCIPLINE OCCURRED.

YES NO

Have You Ever…?

Have You Ever…?

Have you ever been convicted of any offense other than minor traffic violations? If yes, explain fully as described in the applicant instructions. Convictions must be reported even if they have been adjudicated, dismissed or expunged or if a diversion program has been completed under the Penal Code or Article 5 of the Vehicle Code.

HAD TRAFFIC VIOLATIONS INVOLVING DRIVING UNDER THE INFLUENCE,

INJURY TO PERSONS OR PROVIDING FALSE INFORMATION MUST BE

REPORTED. THE DEFINITION OF CONVICTION INCLUDES A PLEA OF NOLO

CONTENDERE (NO CONTEST), AS WELL AS PLEAS OR VERDICTS OF GUILTY. YOU

MUST INCLUDE MISDEMEANOR AS WELL AS FELONY CONVICTIONS.

Have You Ever…?

Applicant File Review Process

Applicant file review prior to July 2010

In July 2010 the application review process was evaluated and changes were made

Applications with convictions or license discipline take longer to process

TOPIC

Enforcement issues facing applicants and licensees.

FINGERPRINT RESULTS ARE DISSEMINATED

AT DIFFERENT LEVELS DEPENDING ON THE

ENTITY MAKING

THE REQUEST

Fingerprints

Applicants should be prepared to provide the following documents:

Certified arrest (must be verified by arresting agency) and court documents for each conviction

Have nursing student obtain certified documents as soon as possible to be submitted with their application for licensure

Personal letter of explanation for each incident: Failed the

exam; DUI; etc…

Applicants should be prepared to provide the following documents:

Why it happened, what is being done to prevent a reoccurrence

Letters of Reference – letters from people who knew you during the times of difficulty

Work Evaluation(s) from clinical instructors for health related work as a nursing student

IF EXAM IS FAILED, A 2ND APPLICATION WILL BE

REQUIRED

REAPPLY TO TAKE THE EXAM AND GO THROUGH COMPLETE

ENFORCEMENT PROCESS AGAIN

Applicants should be prepared to provide the following documents:

What Nursing Programs Can Do

The school is a lower level screening that the BRN uses for licensure purposes

It is recommended the nursing student review documents needed to provide background history prior to entry into the nursing program

What Nursing Programs Can Do

Be mindful of students, accepted into the program, with a previous conviction

Remind students to be truthful and factual in their letter of explanation to the BRN enforcement staff

Letters of reference should come from individuals who are aware of any previous conviction(s) and can speak to the applicant’s past history

Encourage students to submit all required documents at the time the application is submitted to the Board of Registered Nursing

Promote alcohol free celebrations when students reach school milestones such as completing finals or graduation to avoid

DUIs and other problems.

What Nursing Programs Can Do

Documents Required

Certified arrest and court documents for each conviction

Personal letter of explanation for each incident

Certified copy of any disciplinary action against a health care related license

License Renewal

Licensees are required to disclose any convictions or discipline since the last time the California RN license was renewed

How is my personal life relevant to my

professional life

You are a nurse 24 hours a day, 7 days a week

Nurses are held to a higher standard than the general public

WHETHER AN APPLICANT OR A LICENSEE, A NURSE’S BEHAVIOR

DIRECTLY IMPACTS PUBLIC PERCEPTION OF THE NURSING

PROFESSION, NURSING SCHOOLS, AND THE ULTIMATE TRUST, WHEN

PLACED IN OUR CARE.

How is my personal life relevant to my professional

life

Substantial Relationship Criteria

CCR Section 1444

“An act can be disciplined and can be considered to be substantially related to the qualifications, functions, or duties of a registered nurse, if to a substantial degree it evidences the present or potential unfitness of a registered nurse to practice in a manner consistent with the public health, safety, or welfare. …”

Grounds for Action

Drug Related Transgressions

B&P Code Section 2762

“ It is unprofessional conduct for a person licensed under this chapter to do any of the

following:”

B&P Code Section 2762

(a) Obtain, possess, or prescribe, except as directed by licensed MD, DDS, or podiatrist, to administer, furnish, or administer to another,

any controlled substance, dangerous drug, or device.

(b) Use any controlled substance, dangerous drug or device, or

alcoholic beverages

B&P Code Section 2762

to an extent or in a manner dangerous or injurious to

himself/herself, any other person, or the public or to the extent that such

use impairs her/her ability to conduct with safety to the public the

practice authorized.

B&P Code Section 2762

RN signed the name of another, falsely altered &

forged a prescription for Norco. RN obtained

Demerol by fraud & deceit by taking the drug from

hospital supplies. RN made grossly incorrect &

inconsistent entries in hospital and patient records.

When tested by hospital RN’s sample was 100%

water. When tested again, during our investigation,

RN admitted to using her 4 year old son’s urine.

Obtained and Possessed in Violation of Law

Inconsistent Entries in Hospital Records

Controlled Substances

License Revoked

(c) Be convicted of a criminal offense involving the prescription,

consumption or self-administration of, any substance described in (a)

or (b),

B&P Code Section 2762

or possession of, falsification of a record pertaining to, the

substances described in (a), in which event the record of

conviction is conclusive evidence

B&P Code Section 2762

Conviction of Crimes

RN left the scene of a hit and run accident. Later, RN admitted that he had hit the rear of a vehicle and would pay for the damages. While speaking, officers noticed slurred speech, bloodshot eyes and unsteady gait. RN was transported to Police Department for blood test. BAC .29%

Loaded revolver, with hammer cocked, was recovered later from RN’s vehicle.

Substantially Related to the Qualifications, Functions and Duties of a Registered Nurse

License Revoked

Alcohol Use and Abuse

Drug Use and Abuse – misuse of prescription drug

Theft

Boundaries and/or Sexual Offenses

Internet Posting – Twitter, Facebook

Enforcement Statistics 2011 - 2012

Complaints Received

Licensee Disciplinary Actions:

Revocation 121

Probation 131

Suspension/Probation 10

License Surrendered 73

Public Reprimand 3

Other Decisions 1

Total, Licenses Disciplined 339

Enforcement Statistics 2011-2012

Applicant Disciplinary Actions:

License Denied 17

License Issued on Probation 10

Total, Applicants Disciplined 27

Additional Information for applicants with enforcement issues

can be found on our website:

www.rn.ca.gov/applicants.lic-faqs.shtml#disc

www.en.ca.gov/enforcement/enfappdesk.shtml

QUESTIONS???

"Nursing is a work of Heart!“ anonymous

BOARD OF REGISTERED NURSING

J A N E T T E WAC K E R LY, M BA , R N

S U PE RV I S I N G

N U R S I N G E D U C AT I O N CO N S U LTA N T

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