Kern Law, APC: 619-200-2808
At Kern Law, APC, we have defended LVNs and Psychiatric Technicians for over 20 years. If you are a Licensed Vocational Nurse (LVN) or Psychiatric Technician (PT) facing an investigation or disciplinary action by the California Board of Vocational Nursing and Psychiatric Technicians (BVNPT), protect your professional license and contact my office today.
A BVNPT investigation can include allegations which may include patient neglect; unprofessional conduct; criminal convictions; substance abuse; documentation problems; medication errors, incompetence or gross negligence; drug or alcohol impairment; fraud or dishonesty; patient boundary allegations; sexual misconduct allegations; and failure to report required information.
At Kern Law, APC, we can provide representation throughout the administrative disciplinary process—from the initial investigation through an administrative hearing.
What Is the California BVNPT?
The California Board of Vocational Nursing and Psychiatric Technicians regulates Licensed Vocational Nurses and Psychiatric Technicians throughout California. The Board is responsible for licensing and enforcement.
When the BVNPT receives information suggesting that a licensee may have violated professional laws or regulations, it can initiate an investigation. The filing of a complaint does not mean the allegations have been proven. A licensee has important due-process rights when the Board seeks formal disciplinary action.
What Happens When a Complaint Is Filed
The disciplinary process generally begins when the BVNPT receives a complaint or information concerning alleged misconduct. Complaints may come from patients, employers, family members, healthcare facilities, other healthcare professionals, law enforcement agencies, or other sources. The BVNPT must have jurisdiction and determine if the alleged conduct violated any laws or regulations covered by the BVNPT. It is important to obtain legal advice before providing a recorded or detailed statement.
BVNPT Accusations
When the Board determines that formal disciplinary action may be warranted, the case may be referred to the California Attorney General's Office. An Accusation is a formal administrative charging document. It identifies the allegations and the legal grounds upon which the Board is seeking disciplinary action.
A licensee has the right to contest the allegations and request an administrative hearing.
Do Not Ignore the Notice of Defense Deadline
A licensee generally has 15 days to file a Notice of Defense after being officially notified of an Accusation. Failure to timely request a hearing can result in a default and may allow the Board to take disciplinary action without the licensee receiving a full administrative hearing.
BVNPT Administrative Hearings
A licensee who properly contests an Accusation may obtain an administrative hearing. The hearing is generally conducted before an Administrative Law Judge. The Attorney General's Office represents the Board, while the licensee may be represented by his or her own attorney.
The defense may involve challenging the factual allegations, cross-examining witnesses, presenting documents, calling expert or character witnesses, and presenting mitigation and rehabilitation evidence.
After the hearing, the Administrative Law Judge generally prepares a proposed decision for consideration by the Board. The ultimate disciplinary decision rests with the Board.
California BVNPT License Defense Attorney
Kern Law, APC, understands that a professional license can represent years of education, training, and work. When the California BVNPT investigates an LVN or Psychiatric Technician, the consequences can be severe.
If you have been contacted by the BVNPT regarding an investigation, contact my office today. We provide free confidential consultations. 619-200-2808