Stacie L. Patterson Law Blog

In response to recent criticism, The California Board of Registered Nursing (BRN) is gearing up to clean house.  A recent report emphasizing that California nurses have been disciplined in other states has prompted change in the board's licensing procedures.  Several nurses are expressing the difficulties they now face trying to adhere to the new guidelines.

One nurse complained after contacting the BRN via the "contact us" link online.  The nurse described her experience as "horrible" and that the anonymous employee was incredibly rude.  Being anonymous, the nurse didn't have a way to even report the employee to supervisors.  Still, other applicants have said that they would gladly accept a rude response as their queries go completely unanswered.  One woman even claimed to drive to Sacramento from out of town, just to ensure that someone would help her.  

The new fingerprinting requirements are also the subject of many complaints.  The new requirements laid out by the BRN are concise.  One of them being that nurses must have LiveScan prints taken specifically for their RN license.  Fingerprints taken by LiveScan or otherwise will not be accepted if they were taken for any other
purpose.  This frustrates some who have been required to have fingerprints taken already.  Many nurses voiced concerns about this.  It seems nonsensical that agencies don't cooperate with each other.  Different types of employees, including nurses, must pay a fee each time they have their fingerprints taken.  Many think that the state unfairly requires this to boost revenue.   

Some nurses are surprised to find that LiveScan doesn't pick up their fingerprints.  One such nurse, was aggravated to have to go the trouble at all.  Having no pattern of behavioral problems, nor a criminal record, she feels it is a waste of time to require a background check now.  She has been a nurse for thirty years.  

The first set of LiveScan fingerprints was rejected for poor quality.  As was the second set.  Six months passed before the BRN notified her.  The third set of prints will be hard copies, taken in person, the old-fashioned way.  That is by dipping each finger in an ink pad and rolling the tip of the finger onto a paper card.  Should this attempt fail as well, the board can request an FBI name check.  Though the topic is disputed by some, the Department of Consumer Affairs maintains that nurses, especially those who have been practicing for a long while, have literally washed their fingerprints away.  

The Department of Consumer Affairs says that fingerprinting nurses has been useful in enhancing enforcement.  About 3,000 records have come back showing arrests that had been made unbeknownst to the DCA and BRN.  Of those, about 150 nurses may require disciplinary action.

If you are a nurse facing sanctions in California, contact attorney Stacie L. Patterson. (619) 269-8074