If you have completed your education and training as a psychiatric technician or vocational nurse (VN), you will need a practice license to provide your services and earn income lawfully. The BVN (Board of Vocational Nursing) is the agency that issues practice licenses to VNs and psychiatric technicians who have met the required eligibility criteria.
Your practice license as a psychiatric technician or VN is proof of your skill and dedication to helping people improve their health. If you are facing an allegation that could compromise your practice license, you do not have to face the board alone. Moments after receiving a notice of investigation for an alleged violation or complaint can be confusing and stressful, but understanding what to do is key.
At Orange County License Attorney, we can guide you and offer legal representation as you face the board’s investigators and the administrative law judge (ALJ) to secure a positive outcome.
What Licensed Psychiatric Technicians and VNs Do
Licensed psychiatric technicians and VNs play an integral role in the health system. While being a VN or psychiatric technician is a rewarding career, your duties can sometimes be demanding. Nonetheless, you strive to offer the best services. Listed below are some of the duties of psychiatric technicians and VNs, respectively:
Psychiatric Technicians
While the duties of a psychiatric technician are related to those of a VN, they are not similar. Listed below are some of your duties as a licensed psychiatric technician:
- Helping in the rehabilitation process of a patient and overseeing their treatment programs
- Helping mentally ill people with their personal hygiene and grooming
- Administering medications and injections to your patients
- Discharging and admitting patients
- Patient record management
Some of your work environments as a licensed psychiatric technician include hospitals and nursing homes. You could risk losing your practice license when you offer services that you are not qualified for as a psychiatric technician.
Vocational Nurses
As a licensed VN, your responsibilities include providing healthcare services to patients whenever called upon, across various work environments, including nursing homes and hospitals. Being a VN is a career that requires you to be compassionate, but sometimes your patient will not notice your efforts.
When you make a minor error or fail to fulfill your patients’ demands, they can file a complaint against you with the BVN, putting your license at risk of suspension. Some of you duties as a licensed VN include (but are not limited to) the following:
- Administering medications and treatments to your patients
- Documenting your patient’s progress
- Recording and monitoring our patients’ signs
- Caring for and monitoring patients with life-long conditions
- Treating and dressing your patients’ wounds
- Maintaining and operating intravenous machines
Your skills and roles as a VN are undoubtedly vital and in high demand. While reaching where you are is fulfilling, many do not realize the effort and funds you invested in your education and training to become a licensed VN. As in any other career, you cannot satisfy everyone, no matter how careful and respectful you are to your patients.
If a patient or his/her family member is dissatisfied with your services, they can file a complaint against you with BVN, and you cannot prevent them. When that happens, the steps you will take afterward can mean the difference between a dismissal of your case and receiving the minimum disciplinary action possible.
Consulting with a seasoned attorney to help investigate the matter and craft legal defenses to the alleged violation could increase your odds of securing a favorable outcome, including a dismissal of the case.
Complaints That Could Make the BVN Take Disciplinary Action Against Your Psychiatric Technician or VN License
In addition to issuing licenses to qualified psychiatric technicians and VNs, the BVN is responsible for regulating the industry and ensuring that patients receive the highest quality of care. However, the BVN often receives complaints of misconduct and other violations against licensed psychiatric technicians and VNs.
While it does not mean every allegation or complaint they receive is true, you have to prove that to avoid disciplinary action because the BVN’s mission is to protect patients’ health. The BVN can receive complaints from your colleagues, your patients, their family members, or law enforcement agencies. Most complaints the BVN receives against licensed psychiatric technicians and VNs involve:
- Sexual or physical abuse of a patient
- Violation of probation conditions
- Deviating from your professional duties by offering services you are not qualified for
- Unprofessional conduct, including borrowing your patients’ money
- Showing up to work or caring for your patients while under the influence
- Gross negligence or incompetence
- Criminal convictions for an offense that is substantially linked to your duties
- Commission of fraudulent activities, including overbilling or accepting kickbacks
- Inaccurate record keeping
When the BVN receives any of the complaints against you, it will launch an investigation to determine an appropriate cause of action. If necessary, the board will take appropriate disciplinary action against you.
Criminal Offenses That Could Attract the BVN’s Disciplinary Action
The BVN can impose disciplinary action against your psychiatric or VN license if you have a criminal conviction for certain crimes, especially those that are significantly related to your qualifications and duties. Examples of these crimes include (but are not limited to) the following:
Elder Abuse
Elder abuse is a wobbler offense and could attract felony or misdemeanor penalties after a conviction under Penal Code (PC) 368. A misdemeanor elder abuse charge conviction could attract the following penalties:
- A fine not exceeding $6,000
- Detention in the county jail for up to one year
- Summary probation
However, if your case is a felony, your penalties will become harsher, including a fine of up to $10,000 and a jail term of two (2), three (3), or four (4) years.
Drunk Driving
Vehicle Code (VC) 23152(a) makes it illegal to operate a car under the influence of alcohol, regardless of your blood alcohol concentration (BAC) level. All the prosecutor needs to prove to secure a conviction against you under this statute is that your mental and physical ability to drive cautiously was impaired.
A VC 23152(a) violation could attract up to six months of jail time, a six-month driver’s license suspension, and a fine amounting to up to $1,000.
Child Endangerment
Child endangerment is another offense that could jeopardize your psychiatric technician or VN license. According to PC 273(a), you commit this offense when you place a minor (a person aged under 18) in a life-threatening situation. The court could convict you of this offense even if the child in question did not suffer any physical harm.
For example, failing to seek treatment for your sick child could count as child endangerment. A conviction for PC 273(a) is punishable by up to 1 year in jail and a fine not exceeding $1,000. Since it is a wobbler offense, the prosecutor could also file a child endangerment charge, which is a felony.
A concoction for a PC 273(a) violation is punishable by a fine of up to $10,000 and two, three, or six years of jail sentence.
Vehicular Manslaughter
You commit vehicular manslaughter when you cause an accident while driving in a negligent or illegal way. The seriousness of the penalties you will face for a vehicular manslaughter charge conviction depends on your criminal record, the degree of negligence involved, and whether you were intoxicated.
A conviction for a vehicular manslaughter offense under PC 192(c) could attract a jail term of up to six years.
Possession of a Controlled Substance
A controlled substance is any drug or chemical whose manufacture, distribution, possession, or use is regulated by the government due to its potential for abuse or dependency, including marijuana and certain prescription drugs. Also known as “simple possession,” possession of a controlled substance is a misdemeanor offense punishable by up to one year of jail time and a fine not exceeding $1,000.
These crimes are closely related to your duties and qualifications as a psychiatric technician or VN. The court clerk will likely notify your licensing board of a conviction for any of these offenses, putting your professional license at risk of suspension or revocation.
Potential Disciplinary Actions You Could Face for the Above Violations
As mentioned in the previous paragraph, the BVN is responsible for disciplining psychiatric technicians and vocational nurses. If the allegations or complaints filed against you are true, you could face the following possible disciplinary actions:
- License suspension
- License probation
- License revocation
- Fines and citations
The specific disciplinary action the BVN will impose will depend on the facts and circumstances of your specific case and other factors such as:
- Whether you cooperated with the board investigators
- Whether you have a past disciplinary record
- Whether you have a criminal conviction record
- The seriousness of the complaint or offense
- Whether you have received any rehabilitation or counseling services since the violation
- Whether the patients suffered an injury due to your negligence or inaction
- The number of complaints filed against you
- Your attorney’s mitigating arguments
If you have received the BVN’s notice of investigation, you can secure a favorable outcome with the help of an experienced attorney who has handled similar cases in the past.
Securing a Reinstatement of Your License After Suspension
The BVN allows you to secure a reinstatement of your practice license after suspension or revocation. Here is a step-by-step guide on the application process:
- Complete your application, detailing the reason the BVN suspended or revoked your license
- Pay any applicable filing fee
- Submit a psychiatric evaluation to show the BVN you are qualified to offer healthcare services
- Provide your job or employment history while your practice license was inactive
- Prove that you complied to all the terms of your disciplinary action, including continuing education and enrolling in rehabilitation programs
Your attorney can offer you legal assistance on the reinstatement process to ensure everything goes smoothly, including the filing of the paperwork and negotiating with the board to secure a positive outcome.
Why You Need a Seasoned Attorney After Receiving the BVN’s Notice of Investigation
Securing the services of a competent attorney is undoubtedly helpful if you are facing a complaint or allegation that could jeopardize your psychiatric or VN license. The attorney you will choose can help you:
Navigate Disciplinary Process
The BVN’s disciplinary process could be intimidating, especially if it is your first time. The attorney you will choose will know how to deal with the board’s investigators and challenge the allegations at every stage of the disciplinary process.
Ensuring Compliance
If the board imposes a disciplinary action, you should comply with all the requirements of the punishment. For example, after a suspension of your psychiatric technician or VN license, the BVN will bar you from offering your services for a certain period.
A seasoned attorney can assist you in ensuring compliance with the board’s requirements after receiving a disciplinary action by advising you on what to do and not do.
Challenging the Board Allegations Before the ALJ
If your case is scheduled for an administrative hearing before an ALJ, you will rely on your attorney to help present defense arguments that can challenge the allegations to secure the best possible outcome.
Appealing the Board’s Decision
If you have received an adverse ruling that prevents you from working and earning money, your attorney can help you file an appeal to have your license reinstated. An experienced attorney understands how important the license is to your career and will strive to achieve the best possible outcome at every stage of the BVN’s disciplinary process.
Find a License Defense Attorney Near Me
If you have received the board’s notice of investigation, you should act immediately to increase your chances of securing a desirable outcome. While it can be confusing and frustrating, especially if you rely on your psychiatric technician or VN license to earn income, disciplinary action is not automatic.
If you are in this situation, our credible attorneys at Orange County License Attorney can help. We guide you from the beginning by explaining your available options, protecting your legal rights, and preparing legal defenses that can help you secure a desirable outcome. Call us at 714-782-6386 to discuss the details of your case with seasoned attorneys as soon as possible.
