California Nursing Probation Violations: Major vs. Minor Offenses

Many of our LVN and RN clients are concerned about fully complying with the BVNPT and BRN probation requirements, and often ask us for examples of major and minor violations of probation.  Of course, the more egregious the alleged probation violation, the more likely it is the Board will file a “Petition to Revoke Probation,” which is a document which is intended to do what it sounds like—revoke the nurse’s probation.  This is a more complex case to resolve than the underlying Accusation case which may have placed you on probation via a “Stipulated Settlement,” which is a settlement contract signed by the nurse and the Board (and its attorney, the Attorney General), as the Board will look at revocation much more seriously once a nurse has been given the opportunity to keep his/her license on probation.

If alleged violations of probation arise, they typically fall in one of two categories—major and minor. 

Some examples of major violations include, but are not limited to:

1. Failure to complete a Board-ordered program.
2. Failure to undergo a required clinical diagnostic evaluation.
3. Committing multiple minor violations of probation conditions (see below for minor violations).
4. Treating a patient while under the influence or drugs or alcohol.
5. Committing any drug or alcohol offense that is a violation of the Business and Professions Code, state or federal law.
6. Failure to obtain biological testing for substance abuse.
7. Testing positive for a banned substance.
8. Knowingly using, making, altering or possessing any object or product in such a way as to defraud a drug test designed to detect the presence of alcohol or a controlled substance.

Some examples of minor violations include, but are not limited to:

1. Failure to submit required documentation (i.e. quarterly reports) in a timely manner.
2. Unexcused non-attendance at required meetings (AA/NA, Nurse support groups, counseling/therapy sessions, etc.)
3. Failure to contract a probation monitor when required.
4. Any other violations that do not present an immediate threat to the licensee or the public.

If you are on probation, or facing probation, and are worried about an actual or potential violation of probation, give our highly experienced attorneys a call today for a free consultation.  We have dealt with petitions to revoke probation in hundreds of cases and can likely assist you in finding a way to retain your license, even if you are facing a petition to revoke probation.

Call us today for a free consultation—we’ll be happy to show you the value of experience.