Business and Professions Code Section 2761
The board may take disciplinary action against a certified or licensed
nurse or deny an application for a certificate or license for any of the
following:
(a) Unprofessional conduct, which includes, but is not limited to, the
following:
(1) Incompetence, or gross negligence in carrying out usual certified or
licensed nursing functions.
(2) A conviction of practicing medicine without a license in violation
of Chapter 5 (commencing with Section 2000), in which event the record
of conviction shall be conclusive evidence thereof.
(3) The use of advertising relating to nursing which violates Section 17500.
(4) Denial of licensure, revocation, suspension, restriction, or any other
disciplinary action against a health care professional license or certificate
by another state or territory of the United States, by any other government
agency, or by another California health care professional licensing board.
A certified copy of the decision or judgment shall be conclusive evidence
of that action.
(b) Procuring his or her certificate or license by fraud, misrepresentation,
or mistake.
(c) Procuring, or aiding, or abetting, or attempting, or agreeing, or offering
to procure or assist at a criminal abortion.
(d) Violating or attempting to violate, directly or indirectly, or assisting
in or abetting the violating of, or conspiring to violate any provision
or term of this chapter or regulations adopted pursuant to it.
(e) Making or giving any false statement or information in connection with
the application for issuance of a certificate or license.
(f) Conviction of a felony or of any offense substantially related to the
qualifications, functions, and duties of a registered nurse, in which
event the record of the conviction shall be conclusive evidence thereof.
(g) Impersonating any applicant or acting as proxy for an applicant in
any examination required under this chapter for the issuance of a certificate
or license.
(h) Impersonating another certified or licensed practitioner, or permitting
or allowing another person to use his or her certificate or license for
the purpose of nursing the sick or afflicted.
(i) Aiding or assisting, or agreeing to aid or assist any person or persons,
whether a licensed physician or not, in the performance of, or arranging
for, a violation of any of the provisions of Article 12 (commencing with
Section 2220) of Chapter 5.
(j) Holding oneself out to the public or to any practitioner of the healing
arts as a "nurse practitioner" or as meeting the standards established
by the board for a nurse practitioner unless meeting the standards established
by the board pursuant to Article 8 (commencing with Section 2834) or holding
oneself out to the public as being certified by the board as a nurse anesthetist,
nurse midwife, clinical nurse specialist, or public health nurse unless
the person is at the time so certified by the board.
(k) Except for good cause, the knowing failure to protect patients by failing
to follow infection control guidelines of the board, thereby risking transmission
of blood-borne infectious diseases from licensed or certified nurse to
patient, from patient to patient, and from patient to licensed or certified
nurse. In administering this subdivision, the board shall consider referencing
the standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health and
Safety Code and the standards, guidelines, and regulations pursuant to
the California Occupational Safety and Health Act of 1973 (Part 1 (commencing
with Section 6300), Division 5, Labor Code) for preventing the transmission
of HIV, hepatitis B, and other blood-borne pathogens in health care settings.
As necessary, the board shall consult with the Medical Board of California,
the Board of Podiatric Medicine, the Dental Board of California, and the
Board of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates to minimize the risk of transmission of blood-borne infectious diseases from health care provider to patient, from patient to patient, and from patient to health care provider, and of the most recent scientifically recognized safeguards for minimizing the risks of transmission. [Amended by Stats. 2000, Ch. 568, Sec. 8. Effective January 1, 2001]
San Francisco Bay Area Communities We Serve
Robert Tayac has been helping nurses and other professionals charged with driving after drinking in San Francisco and the surrounding Bay Area counties of Marin, San Mateo, Alameda, Contra Costa, Napa, Sonoma and Santa Clara for more than twenty years.
If you hire Robert Tayac to handle your case, you will know that you have retained the services of a knowledgeable and experienced lawyer familiar with the precise issues your case presents.
The firm's DUI attorneys, DUI investigators and DUI experts serve clients in the following cities and counties:
California Business and Professions Code
Disciplinary Proceedings
- Section 2750
- Section 2751
- Section 2759
- Section 2760
- Section 2761
- Section 2762
- Section 2764
- Section 2765
Diversion Program
- Section 2770
- Section 2770.7
- Section 2770.8
- Section 2770.9 - 2770.11
- Section 2770.12 - 2770.14
Contact the Law Office of Robert Tayac for your free case evaluation!