Nurse with one DUI -- Court Overturns License Revocationby California Board of Registered Nursing

." Code Civ. Proc. § 1028.5), which gives for that award associated with attorney's costs and alsoexpenses as much as $7,500 to some prevailing licensee if "the action with the agency had beenundertaken without significant justification . § 1028.5 (a).

The San Francisco Bay Area Superior Court agreed along with our interpretation regarding Section490 (b).The Court additionally made the decision that the Board's decision violated the actualnurse's right to always be able to credited process and also equal protection simply because a newHealth-related Board disciplinary statute defines unprofessional conduct to become able to call forgreater than 1 alcohol-related misdemeanor conviction.The Court ordered your Board involvingRegistered Nursing in order to set aside its decision and also to spend attorney's costs for the nursein the quantity involving $7,500.

The Board involving Registered Nursing features complied using the Court's decision, plus itdeclined its proper to appeal your decision.The Board additionally removed reference towards theaccusation from it website, that publishes pending disciplinary actions.

If a person seek expertise throughout California administrative law, your san Francisco attorneys inSlote & links defend certified specialists and organizations prior to California administrativeagencies.

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A California registered nurse (R.N.) ended up being lately convicted of alcohol-related recklessdriving right after getting arrested for generating below the actual influence associated with alcohol(DUI).The conviction would end up being a first-time offense, and also there was clearly zero proof

of alcohol abuse as well as dependence.

Nevertheless, the Board involving Registered Nursing demanded the nurse submit to a psychologicalevaluation, physical evaluation, random urine tests, and substance abuse rehabilitation.Since therewas zero proof of any kind of alcohol problem, we-as administrative law attorneys-believed thecircumstances demanded by the Board had been unreasonable.

In California administrative law, a new criminal conviction isn't grounds pertaining to disciplineunless it's substantially related towards the qualifications, functions, and also obligations with theprofession. California Nursing License DUI - California law firm: experienced counsel in defendingnurses within DUI matters. . Discover Enterprise as well as Professions Code section 490 (b).

We visited an administrative hearing prior to Lancaster drunk driving attorneys the Californiaadministrative law judge (ALJ) using the office involving Administrative Hearings and also arguedthat the conviction had not really been "substantially related."The ALJ agreed along with dismissed 2counts of the Accusation (Business along with Professions Code sections 490 (a) and 2761 (f)),however, the actual ALJ imposed probation (without alcohol/substance abuse terms) according to aNursing Practice Act statute which in turn defines unprofessional conduct to end up being able toinclude the hazardous use of alcohol or even the conviction of the crime involving consumptionregarding alcohol (Business as well as Professions Code sections 2762 (b) and (c)).

We think it was an error since Company and also Professions Code section 490 (b) limitations agencydisciplinary statutes simply by imposing your "substantial relationship" limitation (so will the actualConstitution).

We appealed the California administrative law case towards the san Francisco Superior Courtthrough writ of administrative mandate (mandamus).We in addition sought attorney's charges fromyour Board involving Registered Nursing beneath the particular Carpenter-Katz Tiny business EqualAccess for you to Justice Act associated with 1981 (Code Civ. . Proc. Pertaining To info on Californiaadministrative law, visit www.slotelaw.com

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Ethan Luke. contact our California DUI attorney today.