The Nursing Law Center

Legal Consultations and License Defense

One Hour Legal Consultation Request

A  one hour telephone consultation is available at a special flat rate of  $250 for nurses who wish to discuss a legal problem. Please fill out the  contact form on this page or send me an email with this information to: elston@charter.net.   Briefly describe the legal matter you wish to discuss (e.g. Board of  Nursing investigation or charges, employment matter, etc.), and when you  would like to schedule your appointment (usually 1-2 weeks out).

We  generally schedule these appointments Tuesday - Thursday in the  afternoon between 3:00 - 5:00. I will email you back to set up the exact  appointment time. Please please prepared to provide your payment information at the time of the consultation. (Review of case facts in lengthy emails or written documents will be  calculated as part of the one hour of service.) Thank you. I look  forward to hearing from you.


Client Case Results  - (2018) Successfully obtained dismissal of charges against RN at trial after Board  filed charges seeking to revoke nurse's license alleging she had caused patient's death.   Client remarks: "...very many thanks Laurie for all your brilliant work and personal support...Gratefully" D.C. RN

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Charges Against Your Nursing License

 In  some states,  it is rare for the Board of Nursing to revoke a nurse's  license. In California, the Board of Nursing files charges against approximately 1,000 nurses a year.


If you receive a letter from the Board stating that  you are the subject of a complaint or investigation, a letter offering  an opportunity to participate in the Board’s diversion/intervention program, a letter  denying your license, or an accusation or statement of issues before  the Board, you should immediately contact an attorney with  experience representing nurses in professional licensing matters before  you respond. This means you need an attorney who understands the nursing  and medical issues as well as the legal issues - such as a nurse  attorney.


An attorney can assist you by speaking to the BRN  investigator and/or attorney assigned to the case on your behalf so you  don't have to.  This is especially important since anything you say to  the investigator (who is a usually a peace officer) is collecting evidence that can be used against you.  An attorney can also:

  • Hire experts to evaluate standard of care issues
  • Assist  a client in assembling letters of support from colleagues and family  members familiar with your character and professional skill
  • Assist  a client in locating professionals for substance abuse or mental health  evaluations and treatment if the allegations relate to these issues


If  an investigator has contacted you, then now’s the best time to seek  legal counsel. Remember, anyone – a patient, co-worker, supervisor,  family member – can file a complaint against you. The investigator can  use anything you say to them as evidence against you! Don't put yourself  at risk, have an attorney speak to the investigator on your behalf.   What we say to an investigator cannot be used against you in court. We  can help you gather and preserve evidence to protect your license and  preparing a response in a light most favorable to you.


When  you receive a letter investigating a complaint, your first response  might be to think you can just explain the situation and everything will  be okay.  In reality, the investigator who will talk with you is not a  healthcare provider - they are a peace officer, and they will be  collecting evidence against you.  Anything you say can and will be used against you. Do not attempt to handle this legal matter on your own!

This  is the point in an investigation when formal charges have been filed  against you and your license, and the State is making their case on how  you violated the law. If the State proves their case, the Board will  decide if you lose your license. Your license is on the line so make  sure you do not waive your right to an attorney! If you were to defend  yourself, you would need to know the licensing laws and know how to  object, cross-examine and enter evidence. This is not your area of  expertise, so let us handle it!


BRN Intervention Program

Nursing  is a rewarding profession but it also highly stressful. Experts have  estimated that as many as 20% of practicing nurses suffer from chemical  dependency. The Board offers a rigorous intervention program for  chemically dependent or mentally ill nurses. Where a nurse voluntarily  enrolls in the program prior to an "Accusation" being filed, sometimes  the disciplinary process can be avoided. However, nurses in the program  may not practice until the program determines that they may safely do  so. We can help you weigh your options.


We Can Help You With License and Application Questions

Are you struggling to interpret and truthfully answer questions on your license renewal application?

This  is so important! Did you know that by not answering the questions on  your renewal application honestly you could be charged with material  misrepresentation and fraud? You might worry about how to answer  questions related to convictions, your drug and alcohol history, past  disciplinary actions or termination. Unfortunately, many healthcare  professionals violate the law without even knowing it, just by answering  a question improperly. If you :

- have been contacted by an investigator from the Board of Nursing
- have you received a letter from the Licensing Board or the Attorney General’s office
- have you received an "Accusation" from the Board that an action has been filed against your license,

Please contact us immediately for a consultation about your options!

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Nursing Law Center - Law Office Laurie Elston PC

Nursing Law Center

PO Box 1130 Pismo Beach, CA 93449, US

T (805) 481-1001 F (805) 481-4811

Hours

Mon

9:00 am – 5:00 pm

Tue

9:00 am – 5:00 pm

Wed

9:00 am – 5:00 pm

Thu

9:00 am – 5:00 pm

Fri

9:00 am – 5:00 pm

Sat

Closed

Sun

Closed