California Nurses: What You Need to Know About the BRN Intervention Program

When Intervention or "Diversion" Programs May Not Be In Your Best Interest

Advice for California Nurses Defending Their Nursing Licenses

If you are a nurse who has been accused of having an “alcohol or substance abuse problem” (which can be triggered by a DUI or other information) and are under investigation by the California Board of Registered Nursing, you may be offered to voluntarily participate in the BRN’s Intervention Program. Registered nurses are referred to

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CA Nursing Licenses: Fingerprint Requirements Lead to Background Checks and BRN Investigations

Title 16, California Code of Regulations, Sections 1419, 1419.1, and 1419.3 Require Fingerprints For CA Nursing License Renewals

Prior to 1990, the California Board of Registered Nursing did not require nurses submitting renewal applications to provide fingerprints at the time of application. Background information was also not required for license renewals. Since then however, the rules and the law have changed. Title 16, California Code of Regulations, Sections 1419, 1419.1, and 1419.3 require

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What Type of Attorney Should You Hire if You Have Criminal Charges & Your License Is At Risk?

Hybrid California Criminal and Licensing Law Cases : Which Attorney Should You Hire?

If you are a California licensed professional who has received notice that you are under investigation by your licensing board or administrative authority? If so, you need to seek the counsel of an experienced licensing law attorney immediately. But depending on the reason you are under investigation, the type of licensing attorney you hire can

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Finding A Licensing Lawyer: Do You Need A Local Attorney or Do You Need the Best Attorney?

California Professionals Facing License Denials, Revocation or Suspension

Any California professional under investigation by their licensing authority needs the legal advice and counsel of an experienced, qualified licensing lawyer. But is it important to have one who is in your geographic area? Can you work with a lawyer outside your local area to expand your options for finding the best possible legal representation

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Health Care Professionals: Collateral Consequences From Pleading Guilty To Criminal Charges

Get the Facts: How Guilty Pleas Impact Your License and Professional Practice

If you are a health care provider and you are under investigation by a licensing board such as the California Board of Registered Nursing or other licensing authority (CA Department of Consumer Affairs), you should be aware of the consequences to your practice and license from pleading guilty to any criminal charges. In most cases,

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Auto Repair Shops and Smog Check Inspection Station License Denials Due To Insurance Fraud Charges

Hire the Right Attorney if Faced with Both Criminal & Licensing Legal Issues

If you are a California professional with an auto repair business or smog check operation, you should know of the risk to your California license from taking actions which could constitute insurance fraud. The California Bureau of Auto Repair (BAR) within the Department of Consumer Affairs currently holds the responsibility for regulating and administering disciplinary

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Since July 1, 2012, nearly all licensed professionals in the State of California have been subject to losing their licenses to practice their professions (as well as their drivers licenses) if they are included in California’s list of the top 500 largest tax delinquents. Assembly Bill 1424, the Delinquent Taxpayer Accountability Act, is aimed at the state’s biggest

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California Travel Nurse License Defense: Multi-State Licenses & Risk From Lack of Disclosure

Why You Must Disclose Criminal Actions and/or Disciplinary Actions In Other States You Are Licensed In

If you are a licensed California Traveling Nurse and are licensed in multiple states, you need to know the risk to your license from undeclared and disclosed criminal actions and/or disciplinary actions by a nursing licensing board or authority in another state. With the infusion of the internet, state board of nursing and licensing authority

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Why CA Unionized Nurses Should Not Merely Rely on A Union Representative in Cases of Licensing Violations

Why A California Union Representative Can't Be the Panacea for Registered, LVN and LPN Nursing License Violations

If you are a California Nurse under investigation by the Bureau of Registered Nursing and you are a member of the California Association of Nurses/Nursing United, you need to understand the limits of your union representative in a case of a license violation. In the case of a charting error, for example, you may be

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If you are a California registered nurse or a licensed practical nurse, you need to know the increased risk to your nursing license associated charting requirements in an era where reduced staffing in today’s health care environments is the norm. Charting errors are a classic reason that many nurses receive letters of inquiry from the

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What Type of Licensing Attorney Makes the Most Sense For Your Legal Situation?

Why You May Need an Attorney Skilled in Criminal AND Licensing Law

If you are a California licensed professional who has received notice that you are under investigation by your licensing board or administrative authority? If so, you need to seek the counsel of an experienced licensing law attorney immediately. But depending on the reason you are under investigation, the type of licensing attorney you hire can

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6 Critical Strategies to Protect and Defend Your California License

Avoiding Professional License Suspension & Loss

By Lucy McAllister, Esq. Protecting your profession and your professional license couldn’t be more important. Licensing complaints, accusations, reporting to state criminal authorities, disciplinary investigations and proceedings by licensing boards which effect the viability or reinstatement of your license are serious matters – where there is a lot at stake. Whether you are a physician,

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Car Dealer License Misconduct Complaints: Defending Your Professional License

By Lucy McAllister, Esquire

Are You a Car Salesperson in California with a Misconduct Complaint Filed Against You? Is Your Professional License in jeopardy?

A vehicle salesperson license is required when selling vehicles, or supervising the sale of vehicles, for a car dealer. A vehicle dealer license is required when buying, selling, or trading vehicles for profit in California and to operate a car dealership. California vehicle salespersons are licensed and disciplined by the California Department of Motor Vehicles.

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Are You A California Pharmacist with a DUI Arrest or Conviction?

By Lucy McAllister, J.D.

If You Are a Pharmacist in California, What Happens If You Get a DUI?

If you are a pharmacist who has been arrested for a DUI, it is imperative to hire an attorney with expertise in both criminal law and professional licensing law who can uniquely understand the impact of a DUI on a pharmacist’s license. An experienced license attorney can represent a pharmacist for both the criminal DUI

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CA Licensed Mental Health Professionals & DUIs: Your Professional License At Risk

By Lucy McAllister, J.D.

If You Are a Mental Health Professional in California, What Happens If You Get a DUI?

If you are a Licensed Marriage and Family Therapist (LMFT), Licensed Clinical Social Worker (LCSW), Licensed Professional Clinical Counselor (LPCC), or Licensed Educational Psychologist (LEP) who has been arrested for a DUI, it is imperative to hire an attorney with expertise in both criminal law and professional licensing law who uniquely understands the impact of

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California Dentists: How To Protect Your Dental License With A DUI

By Lucy McAllister, J.D.

If You Are a Dentist in California, What Happens If You Get a DUI? How do you defend your license and/or reinstate a license suspended or revoked?

Your professional career and dental license may be at risk after a DUI. A DUI charge can apply to using alcohol and/or drugs while driving. The Dental Board of California may file an accusation against a dentist for a DUI calling for revocation or suspension of the dentist’s license. If you are a California dentist

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California Car Dealer License Complaints To The California DMV: How To Respond

By Lucy McAllister, Esquire

California Car Dealers: What Happens if You Receive a Complaint about Your Professional Actions to the CA Department of Motor Vehicles?

A California car dealer license is required when buying, selling, or trading vehicles for profit in the state. A dealer license is not required to sell a personal vehicle. California vehicle dealers are licensed and disciplined by the California Department of Motor Vehicles. For all licensing complaints, accusations and possible licensing issues which risk license

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Nursing Licenses: What To Do After Receiving A DUI

By Lucy McAllister, Attorney At Law

If you are a Registered Nurse in California, what happens if you get a DUI? How do you defend your nursing license or get it reinstated?

You have spent years studying to become a nurse and building your career, and a DUI can put your nursing license and hard work at risk. If you are a nurse who has been arrested for a DUI, it is imperative to hire an attorney with expertise in both criminal law and professional licensing law

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Bankers and Financial Advisors: Professional License Risk Avoidance

By Lucy McAllister, Attorney At Law

Are you a banker or financial advisor in California?
Are you at risk for breaching professional boundaries?

Maintaining appropriate professional boundaries is essential for California bankers and financial advisers who wish to avoid risking their professional licenses. While advising and helping clients accumulate wealth are important components of banking, a financial adviser must adhere to appropriate standards of conduct with clients at all times. It is imperative that bankers and financial advisers maintain professional

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Mental Health Professionals: Don’t Put Your Professional License At Risk

By Lucy McAllister, Attorney At Law

Are you a mental health professional in California?
Are you at risk for breaching professional boundaries?

Professional boundaries are an essential component of the therapeutic setting. It is imperative that all licensed mental health professionals including Marriage and Family Therapists (MFT), Psychologists (PhD or PsyD), Licensed Clinical Social Workers (LCSW), and Licensed Professional Clinical Counselors (LPCC) establish and maintain appropriate professional boundaries to protect themselves legally, ethically, and professionally. Mental health professionals

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Physicians: Maintaining Professional Boundaries with Patients

By Lucy McAllister, Attorney At Law

Are you a physician in California?
Are you at risk for breaching professional boundaries?

Professional boundaries are an essential component of the physician and patient relationship. A physician must adhere to appropriate standards of conduct with patients at all times. Potential professional conduct violations by physicians include behavioral, physical, communications and abuse of power. It is imperative that physicians establish and preserve appropriate professional boundaries to protect themselves both

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Realtors: Risks Encountered When Crossing Professional Boundaries

By Lucy McAllister, Attorney At Law

Are you a realtor in California?
Are you at risk for breaching professional boundaries?

It is imperative that realtors establish and maintain proper professional boundaries with their clients to protect themselves both legally and professionally. There are many potential boundary issues to consider as a realtor including how they behave toward and communicate with their clients especially if they have prior personal, business or other ties. Each real estate

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Teachers & Educators: Student – Teacher Boundary Violations in California

Are you a teacher or educator in California?
Are you at risk for breaching professional boundaries?

By Lucy McAllister, Attorney At Law

Maintaining professional boundaries is critical within the teacher/student relationship. While connecting with one’s students and building a rapport is an important component of teaching, an educator must adhere to appropriate standards of conduct with students at all times, both on and off campus. It is imperative that teachers and educators establish and preserve professional boundaries

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Optometrists: The Importance of Accurate Charting for License Protection

California Optometrist Licenses : Legal Considerations

By Lucy McAllister, Attorney At Law

Patient optometry records are regulated by federal and state laws in addition to participating provider contracts and professional licensing boards. A patient’s medical chart is essential to optometry. It is imperative that a patient’s chart contain accurate and detailed information pertaining to patient communications and treatment. Maintaining thorough patient charts protects both optometrist and patient.

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Dental Records : Impact on Licensing Violations in California

California Dental Licenses : Legal Considerations

By Lucy McAllister, Attorney At Law

The thoroughness of patients dental records are critical to the practice of dentistry. Dental records are regulated by federal and state laws in addition to participating provider contracts and professional licensing boards. It is imperative that a dental record contain accurate and detailed information pertaining to patient communications and treatment. Maintaining thorough patient charts protects

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Medical Record Charting: Impact on Medical License Violations

California Medical License Legal Considerations

By Lucy McAllister, J.D.

The thoroughness of medical record charting and documentation has significant impact on protecting the medical licenses of California physicians and surgeons licensed by the Medical Board of California.  Consider the following fictionalized vignette: Ima Doc is a physician in California who has had a thriving practice in Obstetrics and Gynecology for 15 years. She has

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Chiropractor Patient Charting & Potential License Violations

Chiropractor License Legal Considerations

By Lucy McAllister, J.D.

California chiropractors must keep detailed patient records or risk violating their professional licenses.  Consider the following vignette: 1) Ima Chiro is a licensed chiropractor in California who has been in practice for 10 years. Today she is seeing her long-term patient, Ura Patient, for her ongoing lower back pain. Ura has been Ima’s client for

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Mental Health Professionals: Patient Record Keeping & License Violations

California LMFT - LPCC - LCSW Licenses : Legal Issues

By Lucy McAllister, J.D.

If you are a California mental health professional such as a licensed marital and family therapist (LMFT), licensed psychological clinical counselor (LPCC) or licensed clinical social worker (LCSW), are you keeping the necessary level of detail in your patient records to protect your professional license? Consider the following two vignettes: 1) Ima Counselor is a

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Registered Nurses in California: Reinstating Your Nursing License

Legal Advice for Registered Nurses With Revoked or Surrendered Licenses

By Lucy McAllister, J.D.

Has your California nursing license been revoked or surrendered? Do you want to petition for your nursing license to be reinstated? You spent years studying to become a nurse and building your career, and you may now be wondering how and if you can return to your profession. Seeking license reinstatement is not uncommon, and many

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California Psychology License Applicants : AB 1374’s New Requirements

California Assembly Bill 1374 Signed January 2016 : New Requirements

Practicing Psychologists and psychology trainees who are applying for their psychology license in the State of California should be aware of new Assembly Bill 1374 that was passed and signed by Governor Brown, effective January 1, 2016. This bill has a number of changes that affects psychology stakeholders: For practicing psychologists who are supervising psychology

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