Quote from pnurse181
I have recently been given an accusation by the CA BRN for a DUI after a Christmas party that occurred 18 months ago. This is my first and only offense, low BAC etc. It was a stupid mistake and one that I am paying dearly for. I also have a nursing license in another state who's BRN cleared my license issues in less than 2 weeks. But not so with CA. I have been a RN for over 30 years and an NP for over 20 years. As I am in the early process, I am trying to educate myself to get all ducks in a row as it seems that this process ends with nursing probation. I am a telemedicine provider from a home office, providing mental health treatment, while my clients are at a clinic location where there are nurses taking the VS etc. I see that there are various levels of supervision by another nurse/MD etc while on nursing probation (someone in the building all day/half day or by phone or teleprompter twice a day). Can someone fill me in as to how these levels are assigned. I am hoping to keep my job but am also beginning to look at different options just in case.
Was there an accident involved with your DUI? I don't want to generalize, but typically, if you're already a licensed RN, and the DUI was your first offense with no accidents involved, no child in the car, low BAC, etc., and you disclose it properly to the BRN within the required 30 days, most likely than not, you'll get a citation and fine from the board, which is not discipline, and it's not attached to your license for the public to see. A cite and fine is the best result one can hope to get in this kind of situation.
Did you disclose your DUI conviction to the board within the required 30 days? If you did not, that's grounds for an accusation from the board, as not disclosing a criminal conviction within the specified time frame is a separate violation of the Nursing Practice Act (the DUI is a violation, as well). Or did you receive your accusation after disclosure? If the latter, I'm guessing there was an accident involved?
My best advice to you is to consult with an attorney, one who specializes in administrative law, one who is well versed in dealing with California's BRN. I think at this point, the best result you can hope for is a public reprimand from the board. If there was an accident involved, the possibility for probation is greater. I believe you have limited time to respond to the accusation, so please, consult with an attorney ASAP if you haven't already done so.
Good luck to you.