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Nursing Discipline under B&P Code 2761

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California Nursing License Discipline Guide: Understanding CA Bus & Prof Code § 2761

What Actions Can Lead to Nursing License Discipline in California?

The California Board of Registered Nursing has authority to take disciplinary action against nurses for various forms of misconduct. Here's what every California nurse needs to know about license discipline under Business and Professions Code § 2761.

Key Grounds for Disciplinary Action

Professional Negligence and Competency Issues

  • Gross negligence that significantly deviates from standard nursing care

  • Demonstrated incompetence in performing nursing duties

  • Pattern of repeated negligent acts showing substandard practice

  • Failure to maintain required skills and knowledge

Ethical Violations and Criminal Conduct

  • Acts involving moral turpitude (dishonesty, fraud, deceit)

  • Criminal convictions related to nursing practice

  • Patient record falsification

  • Theft or fraudulent behavior

Regulatory and License Violations

  • Practicing outside scope of nursing license

  • Breaking patient confidentiality rules

  • Medication administration violations

  • Discipline in other states/jurisdictions

How Criminal Convictions Affect Your Nursing License

Types of Evidence Considered

  • Certified conviction records serve as conclusive evidence

  • Both felony and misdemeanor convictions may trigger discipline

  • Crimes involving moral turpitude receive special scrutiny

Special Circumstances

  • Nolo contendere (no contest) pleas require additional evidence

  • Off-duty conduct may still impact license if related to nursing duties

  • Board examines underlying facts of criminal cases

The Disciplinary Process

Potential Consequences

  • License suspension or revocation

  • Probationary terms

  • Monetary fines

  • Practice restrictions

Rights and Procedures

  • Administrative hearing rights

  • Evidence presentation opportunities

  • Legal representation options

Protecting Your Nursing Career

Understanding these regulations helps nurses:

  • Maintain professional standards

  • Avoid license discipline

  • Protect patient safety

  • Preserve career opportunities

For specific guidance about your situation, consult with a nursing license defense attorney who specializes in California administrative law.