When the California Board of Registered Nursing (BRN) launches an investigation into you and your license, it can feel like your years of hard work have been erased in the blink of an eye. 

The good news is that you may be able to continue practicing during a BRN investigation. And with the right legal support, many nursing professionals come out of these investigations with their careers and professional reputations intact. 

Here’s everything you need to know about your right to practice while dealing with a BRN investigation, including when and why you should bring in a legal team to back you. 

What a BRN Investigation Actually Means

When the California BRN receives a complaint or when mandatory reporting criteria are met, it may launch a formal investigation into the matter. These complaints typically come from the following parties:

  • Employers
  • Coworkers
  • Patients
  • Law enforcement

You might be worried when you find out that you are under investigation, but this is not necessarily the end of your career. The nursing license board has not concluded that any wrongdoing has occurred. Instead, it believes that an allegation requires further review.

You will have an opportunity to respond to any evidence presented against you and to provide counterevidence, if warranted. 

Can You Legally Practice During a BRN Investigation?

Depending on the nursing practice allegation and its severity, you may be allowed to work as a nurse while a BRN investigation is ongoing. While there are exceptions, the board will not automatically suspend a nurse’s license after opening an investigation. It typically waits until the conclusion of a case before making a decision against a licensee.

When you are notified of the investigation, the notice should outline any restrictions that are being imposed against your license. You must comply with the board’s restrictions and limitations while the investigation is ongoing. However, this notice can be difficult to interpret, which is why you should seek professional guidance. 

When the BRN May Restrict You From Working

The BRN may temporarily suspend your license or set work restrictions if it believes there is an immediate threat to patient safety. You may be issued an interim suspension order if you are being investigated for the following:

  • Patient harm
  • Substance abuse
  • Medication diversion

Typically, the board will need some information that lends credibility to an allegation before taking action against a nursing license. The mere fact that another person has accused you of something is probably not enough to issue an interim suspension order. 

How Employer Actions May Impact Your Right to Work

Even if your license is not suspended, your ability to work is not guaranteed. Once your employer learns that the investigation is underway, it may choose to restrict you from performing certain tasks or reduce your scope of practice while at that facility. 

For instance, nurses who are accused of diverting controlled substances may be temporarily prohibited from dispensing narcotics until the investigation is concluded.

Your employer may also choose to suspend you with or without pay, depending on the severity of the allegations against you. However, companies can open themselves up to legal risk if they don’t handle these suspensions properly. 

The Risk of Responding Without Legal Guidance

One of the most common mistakes that a nurse can make during a BRN investigation is responding right away before seeking legal advice. 

You should consult with an experienced license defense lawyer before responding to a notice from the California BRN. If your employer suspends you or changes your working conditions following the start of an investigation, your lawyer can also advise you about your next steps.

Even well-intentioned explanations can be misinterpreted or used against you. Hire a legal professional and let them gather admissible and compelling evidence of your professionalism. They can use a wide range of evidence to support your case, such as written statements, interviews, and professional records. 

What the BRN Looks for During Board Investigations

During an investigation, the California BRN will examine whether your conduct has violated statutory or regulatory standards. If someone was harmed, the board will seek to determine whether that harm was preventable, as well as what level of responsibility for that harm falls on you. 

During this process, the board may look for these common issues and red flags:

  • Documentation mistakes
  • Medication errors
  • Patient boundary issues
  • Poor judgment 
  • Deviations from policy and procedure

If the BRN finds proof of one or more of these mistakes, you can face disciplinary action. The outcome, however, can depend heavily on how the facts are presented. This makes enlisting the services of a lawyer even more important. 

Deadlines and Notices to Consider

When you receive notification of the investigation, the documents will likely list one or more deadlines. Make sure that you respond to any follow-up requests by the set deadline. Failing to do so could be considered unprofessional conduct, which can hurt your case. 

However, you shouldn’t rush to reply right away. First, try to fully understand the allegation and the potential consequences you are facing. Provide all documents to your license defense lawyer. When they know the facts, they can create a strategy and help you respond to the BRN investigation in a timely manner. 

Why Early Defense Can Change the Outcome for Disciplinary Action

Many BRN investigations are resolved without any formal disciplinary actions being taken against license holders, especially when mitigating factors are properly presented. Legal counsel can help shape your response and advocate for you. Their goal is for the board to conclude its investigation without taking negative action or making a dicision against your license.

If the board insists on taking formal action against you, your attorney can petition for lesser consequences, such as retraining or continuing education requirements in lieu of a suspension. 

Let Unlock Legal Support You During a BRN Investigation 

Just because you are being investigated by the California BRN does not mean that your nursing career is over, but it does put your professional license at risk. At Unlock Legal, we have the knowledge and resources needed to protect your professional reputation during an investigation.

Our attorneys are ready to craft a strategy for defending your license. Contact Unlock Legal to book a consultation.