What Is a California Board of Registered Nursing Citation, and What Does It Mean for My RN License?

We are consulted constantly by California nurses who receive a Citation, or a Citation and Fine, from the California Board of Registered Nursing (“BRN”).  Some of the most frequent questions we are asked are the following:

Q: Is this Citation discipline?

A: No, it is not a form of discipline, but is rather an administrative action filed against your license in lieu of discipline.  You do not need to disclose the Citation to your employer or on applications which ask about prior license discipline by the BRN.

Q: Are Citations published on the BRN’s website?

A: No, with the exception of unlicensed practice Citations, which are published on the BRN’s website independently, Citations (with or without fines) are not published on the BRN’s website, commonly accessed through the BreEZe system.

Q: How long does the BRN keep Citations in their files?

A: Citations are purged from the Board’s files three (3) years after you have completely complied with all terms and conditions in that Citation.  However, no Citation will be purged if issued pursuant to California Code of Regulations §1435.3, and no Citation against an unlicensed individual using the title “Registered Nurse” or the letters “RN” after his or her name will be purged.  (Note that CCR §1435.3 concerns Citations issued to unlicensed individuals)

Q: Can I renew my RN license if I have not paid my Citation fine?

A: No, you will not be able to renew the license until you have paid this fine, and failure to pay it may result in collection action by the Franchise Tax Board.

Q: Does payment of the administrative fine attached to my Citation constitute an admission of the violations alleged against me?

A: No it does not.  Payment of the fine is not deemed an admission to any of the violations alleged against you, and payment of the fine and compliance with any requirements in the Citation is all that is required, in most cases, to resolve it.

Q: Do I have the right to appeal a Citation?

A: Yes you do.  You may request an informal Citation office conference or an administrative hearing before an administrative law judge.  An informal office conference is held telephonically, and you may, and should, be represented by counsel at this phase, as experienced counsel such as our attorneys at Brown & Brown have a great deal of experience in how to pursued the Board to withdraw the Citation at this early phase.  You may also request an administrative hearing if you do not agree with the decision of the informal conference, and there are strict time limits in which to do so which must be followed.  Note that a decision at an administrative hearing is rendered by an “administrative law judge,” also known as “ALJ,” and will be published on the Board’s website with your Citations.  This is the reason requesting a formal hearing can be risky if your goal is to avoid disclosure of the Citation on the BRN’s website. 

Our attorneys have over 25 years of experience in dealing with all aspects of the Citation and Fine process, including all levels of appeal.  Give us a call today for a free conference.