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Can i lose my cna certificate with 2 duis misdemeanors

Sacramento, CA |

im a certified nurse's aide

Attorney Answers 7

Posted

Every state has its own rules. Check onlineat the licensing state's website. If you cannot find it, or if you have any questions, consult with an attorney who has experience in cna licensing. Use Find a Lawyer here to help. Good luck.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Posted

When were your two DUI's? How long ago? This is often a very important consideration. If they were twenty years ago and twenty-five years ago, you certainly are in better standing by the board than if you are currently on probation for each. Do you have any other convictions?

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Posted

If you haven't received any notice of their intent to take action, are either of these cases still open? If either case is still open you hire a skilled DUI lawyer to fight the charges and avoid the second offense.

As another California lawyer wrote, you should contact a professional licensing attorney, there are several in the State, probably one in Sacramento. YOu have a licensing board they will have information regarding the actions that can be taken, if your professional organization has a publication it frequently has a list of actions taken against license holders for various failures to comply with professional regualtaion.
We have seen nurses with second offenses have serious issues with the Nursing Board if your license falls under their purview you should definitely seek counsel.

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You should speak with somebody who is an expert and dealing with the
nursing board

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Christine McCall is the expert in licensing issues.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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The State has the legal authority to revoke your CNA cert based on conviction of even one crime. But the agency is required by law to make an individual decision (not automatic) based on the specific facts and circumstances of your situation. That means that the State must give weight to many factors including your license history, criminal offense history, statutory factors of mitigation and rehabilitation, employment and community history, and the specific facts and circumstances underlying your criminal offenses.

A skilled and professional licensing attorney can usually collect the necessary documents and give you an informed evaluation and prediction of what action to expect from your agency and how best to mediate or meet the potential administrative enforcement. You may want to schedule a consultation for that purpose. Alternatively, you can sit tight and wait and see what your agency proposes to do. Your cert will not be revoked without formal notice and an opportunity to challenge the proposed revocation.

As one of the responders here wrote, it can be critical to avoid conviction if there is a realistic possibility of that outcome. But the facts and circumstances of the offenses will be investigated and acted upon by your board, even if you plead to something less or different, such as wet reckless.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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Based solely on my experience with RN DUI clients and not dealing directly with the nursing board, 1st and 2nd DUI get treatment/probation/etc. and third DUI gets suspension/revocation.

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Christine C McCall

Christine C McCall

Posted

This was true a few years back but not now. In the last year of Governor AS' term, the entire BRN Board and its Executive Director were fired overnight without warning after an L A Times expose about laggard disciplinary policies and practices as to nurses with dual certifications (licenses in more than one state). A new Board was appointed and new Exec Dir. hired. But, still, the spotlight had been turned on and the criticisms persisted. The lack of satisfactory fast improvement caused the legislature to allow the agency itself, the Board of Registered Nursing, to sunset out of existence altogether. For a number of months there was NO Registered Nurse license authority -- a legal quagmire that took many subject matters and issues to the very edge. After some months of this insoluble legal limbo, the legislature reanimated the BRN and new Board members and exec staff were brought in. These folks have no doubt as to the legislative and gubernatorial agenda. They have their marching orders; they have seen how the hammer can fall and they are uniformly and consistently not volunteering to go through all of that. The old informal formulas and predictions are wholly obsolete. Today every single criminal conviction is a hard fight with BRN. You can scroll the website and read the Accusations re Revocation and parse the grounds alleged against RNs if you have any doubt. What's more, BRN is presently committed to a horrific and draconian diversion program re drugs and alcohol but finding few takers because of its onerous terms (average time in diversion is 7 years and forfeiture of employment is a pre-requisite for participation). In order to channel RN's into the unattractive and unwise diversion program, BRN is making regular license probation much harder to obtain, even in circumstances of ordinary DUI offenses. See for details: http://www.avvo.com/legal-guides/ugc/board-of-registered-nursing-diversion-program-get-legal-advice-first

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