Nurse with one DUI -- Court Overturns License Revocation

by California Board of Registered Nursing

We believe this was an error because Business and Professions Code section 490 (b) limits agency
disciplinary statutes by imposing the "substantial relationship" limitation (so does the Constitution).
In California administrative law, a criminal conviction is not grounds for discipline unless it is
substantially related to the qualifications, functions, and duties of the profession. ? 1028.5), which
provides for the award of attorney's fees and expenses up to $7,500 lsat prep book to a prevailing
licensee if "the action of the agency was undertaken without substantial justification . For
information on California administrative law, visit www.slotelaw.com

A California registered nurse (R.N.) was recently convicted of alcohol-related reckless driving after
being charged with driving under the influence of alcohol (DUI).The conviction was a first-time
offense, and there was no evidence of alcohol abuse or dependence.
The San Francisco Superior Court agreed with our interpretation of Section 490 (b).The Court also
decided that the Board's decision violated the nurse's right to due process and equal protection
because a Medical Board disciplinary statute defines unprofessional conduct to require more than
one alcohol-related misdemeanor conviction.The Court ordered the Board of Registered Nursing
http://www.wikihow.com/Become-a-Lawyer-in-the-United-States to set aside its decision and to pay
attorney's fees to the nurse in the amount of $7,500.
Nevertheless, the Board of Registered Nursing demanded that the lsat practice problems nurse
submit to a psychological evaluation, physical evaluation, random urine tests, and substance abuse
rehabilitation.Since there was no evidence of any alcohol problem, we-as administrative law
attorneys-believed that the conditions demanded by the Board were unreasonable.
We appealed the California administrative law case to the San Francisco Superior Court by writ of
administrative mandate (mandamus).We also sought attorney's fees from the Board of Registered
Nursing under the Carpenter-Katz Small Business Equal Access to Justice Act of 1981 (Code Civ.
Proc. Proc. ? 1028.5 (a).. See Business and Professions Code section 490 (b).

The Board of Registered Nursing has complied with the Court's decision, and it declined its right to
appeal the decision.The Board also removed reference to the accusation from it website, which
publishes pending disciplinary actions.
We went to an administrative hearing before a California administrative law judge (ALJ) with the
Office of Administrative Hearings and argued that the conviction was not "substantially related."The
ALJ agreed and dismissed two counts of the Accusation (Business and Professions Code sections 490
(a) and 2761 (f)), however, the ALJ imposed probation (without alcohol/substance abuse terms)
based on a Nursing Practice Act statute which defines unprofessional conduct to Find Out More
include the dangerous use of alcohol or the conviction of a crime involving consumption of alcohol
(Business and Professions Code sections 2762 (b) and (c)).
If you seek expertise in California administrative law, the San Francisco attorneys at Slote & Links
defend licensed professionals and businesses before California administrative agencies. . . ." Code
Civ