Judicial tools

In 2012, the California Court of Appeals upheld the Board of Registered Nursing’s decision to place a licensee on three years’ probation after being charged with a first instance DUI.

While the licensee was viewed by colleagues and employers as exceptional and a clean public record, a first incident DUI put his license in danger. The nurse appealed the decision by the board stating that because the DUI had no relation to his occupation, he should not receive any disciplinary action from the nursing board. The verdict was taken to the Court of Appeals, which ultimately upheld the board’s decision to place the nurse on probation on the grounds of “logical connection between the professional fitness of a registered nurse and the alcohol-related misconduct.” Thus, regardless of previously unsoiled criminal record by the appellant, the higher courts granted the board discretion to take disciplinary action against convictions that occur even outside of the workplace.

For more information see High court lets nurse’s probation stand, SFGate.com