Gross Negligence: An extreme departure from the standard of practice for RNs. An extreme departure means the repeated failure to provide the required nursing care or failure to provide care or exercise precaution in a single situation which the nurse knew, or should have known, could result in patient harm. Incompetence: Lack of knowledge or skill in discharging professional obligations as an RN.
Interim Suspension Order: A license is suspended by an Administrative Law Judge due to the seriousness of the allegations in advance of the filing of an accusation and pending a final determination of the licensee's fitness to practice and provide nursing care. License Denied: The Board denied an initial license application. Once licensed, the applicant is placed on probation, and must be monitored by the Board for a set period of time. PC Under California Penal Code Section 23 , during a criminal proceeding, a judge may order that a licensee be suspended from practice as a registered nurse, or restricted in how he or she may practice registered nursing.
Petition to Revoke Probation Filed: The Board is filing charges to revoke a licensee's probation for violating the terms and conditions of his or her probation. Probation: Allows the licensee to practice as an RN under certain restrictions for a set period of time. A proposed decision has to be adopted by the majority of the Board's members before it can go into effect. Once the complaint files are completed, they are forwarded to the Board's dental consultants for review.
The dental consultants are practicing dentists who review complaint files in an effort to evaluate whether violations of the Dental Practice Act can be substantiated. Inspection Section The Board's inspectors respond to complaints alleging unsafe, or unsanitary conditions in dental offices.
Inspectors are authorized to inspect dental offices throughout the state and to issue administrative warnings and citations. Dentists who receive citations are required to pay an administrative fine and show proof that the cited condition has been corrected. One option is to request an interim suspension order from an administrative law judge to forbid a dentist from practicing. But Kim Trefry, the board's enforcement chief, said that type of order creates a time crunch for the board because an accusation — the document outlining what the dentist did wrong and seeking to discipline the dentist — must be filed within 45 days after the suspension order is granted.
The second option occurs if the board deems a case particularly egregious -- such as a dentist groping patients. Then it can try to suspend the dentist's license immediately by appealing to a judge, Heimerich said. If a criminal case is in progress, the dental board can request a superior court judge prevent a dentist from practicing.
Heimerich said none of the boards under the California Department of Consumer Affairs discusses complaints against licenses as a matter of policy. After an accusation is filed with the attorney general's office, as in the ongoing Tupac case or one involving any other dentist, the issue may be settled or go to a hearing before an administrative law judge. During those hearings, the dentist's attorney and an attorney from the AG's office present their cases through the testimony of patients, dentists and expert witnesses.
The judge sends a proposed decision on the matter to the dental board. State law stipulates the dental board be comprised of eight dentists, one dental hygienist, one dental assistant and five members of the public. But there may be vacancies at any given time.
The board can adopt the judge's decision as is, or change it. Eight of the board's members must approve the judge's decision for it to be enforced. There are other options for the dental board besides filing an accusation. It can take informal action against a dentist accused of wrongdoing by issuing a citation.
Fischer said citations are not posted on the dental board's website because they aren't considered discipline, but consumers can call the board to find out if a dentist has been cited. In contrast, the Medical Board of California, which licenses and regulates physicians, posts all actions — including warning letters — online. Search through our posts Share on facebook. Share on twitter. Share on linkedin.
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