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California Board of Nursing: Relitigating Cases Adjudicated by Other States

Having experienced the complexities of #nursing Boards in various states, I must emphasize that #california approach stands out due to its tendency to re-litigate cases already resolved in another state. It is disheartening to witness the difficulties and lack of reasonableness the California Board, led by the Department of Justice, can display when attempting to reach settlements for inactive licenses held by #nursingprofession who have long moved on from the state. Recently, I encountered a particularly alarming case where a now #aprn had not practiced in California for several years, holding an #rn California (INACTIVE!) license, and had disciplinary orders in their current home state. Despite having fulfilled stipulations and regaining an unencumbered license, the California Board decided to reopen the case and reissue charges that had already been resolved in the #APRN home state. Such actions, coupled with the immediate offer of trial only without exploring alternatives, seem unjustifiable, especially considering the nature of the offenses, which were often minor and previously remediated. Recently, a communication with a #california Deputy Attorney General further highlighted the uphill battle my client faces. The Deputy Attorney General demonstrated a lack of willingness to cooperate, refusing telephone contact with the client and diminishing her position due to her lack of legal representation. Furthermore, the options presented—suspension, surrender, or trial—seem disproportionate for a matter that does not involve patient injury or substance abuse and where the #nurse was never a threat to the public. In light of these developments, we are left with no choice but to escalate this matter to higher authorities. We intend to reach out to the Governor, Attorney General, and the Administrative Law Judge (ALJ) overseeing the trial. The ALJ, as per their expectations, should ideally encourage both parties to pursue good faith efforts towards a settlement before entering their courtroom. My client is genuinely eager to reach an amicable resolution, acknowledging the need for appropriate consequences but firmly believing that the punishment should not surpass what her current home state, with all facts at hand, has already imposed. California's lack of independent investigation into the matter only adds to the frustration. Such situations have a detrimental impact on the #nursingprofession, leading professionals to question their commitment due to the #trauma-inducing abuse they may experience. It is vital for #regulatorybodies to act fairly and sensibly, respecting the principles of justice and ensuring the well-being of #nursing professionals. #nursesonlinkedin #nursepractitioner #fnp #legalnurseconsultant #legalnurse #lnc

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