A California registered nurse (R.N.) was recently convicted of
alcohol-connected reckless driving after getting billed with driving
underneath the impact of alcoholic beverages (DUI).The conviction was a
very first-time offense, and there was no proof of liquor abuse or
dependence.
Even so, the Board of Registered Nursing demanded that the nurse submit
to a psychological analysis, physical analysis, random urine checks, and
material abuse rehabilitation.Since there was no proof of any alcoholic
beverages issue, we&ndashas administrative law attorneys&ndashbelieved
that the conditions demanded by the Board ended up unreasonable.
In California administrative regulation, a legal conviction is not
grounds for self-discipline unless it is significantly connected to the
qualifications, capabilities, and obligations of the career. See
Organization and Professions Code part 490 (b).
We went to an administrative hearing just before a California
administrative legislation decide (ALJ) with the Office of
Administrative Hearings and argued that the conviction was not
&ldquosubstantially associated.&rdquoThe ALJ agreed and dismissed two
counts of the Accusation (Organization and Professions Code sections 490
(a) and 2761 (f)), however, the ALJ imposed probation (without having
alcoholic beverages/substance abuse conditions) dependent on a Nursing
Exercise Act statute which defines unprofessional perform to consist of
the hazardous use of alcoholic beverages or the conviction of a crime
involving intake of alcoholic beverages (Organization and Professions
Code sections 2762 (b) and (c)).
We imagine this was an mistake due to the fact Company and Professions
Code segment 490 (b) limits agency disciplinary statutes by imposing the
&ldquosubstantial partnership&rdquo limitation (so does the Structure).
We appealed the California administrative legislation circumstance to
the San Francisco Outstanding Court by writ of administrative mandate
(mandamus).We also sought attorney's expenses from the Board of
Registered Nursing beneath the Carpenter-Katz Tiny Organization Equal
Entry to Justice Act of 1981 (Code Civ. Proc. § 1028.5), which
supplies for the award of legal professional&rsquos costs and costs up
to $7,500 to a prevailing licensee if &ldquothe action of the agency was
carried out without significant justification . . . .&rdquo Code Civ.
Proc. § 1028.five (a).
The San Francisco Superior Courtroom agreed with our interpretation of
Segment 490 (b).The Court also decided that the Board's selection
violated the nurse&rsquos proper to owing procedure and equivalent
defense since a Health care Board disciplinary statute defines
unprofessional conduct to call for more than one alcoholic
beverages-relevant misdemeanor conviction.The Court requested the Board
of Registered Nursing to established apart its determination and to pay
attorney's expenses to the nurse in the quantity of $seven,500.
The Board of Registered Nursing has complied with the Court's
determination, and it declined its appropriate to charm the choice.The
Board also removed reference to the accusation from it internet site,
which publishes pending disciplinary steps.
If you seek out knowledge in California administrative regulation, the
San Francisco attorneys at Slote & Back links protect licensed pros and
firms prior to California administrative agencies. For details on
California administrative regulation, check out www.slotelaw.com
No comments:
Post a Comment