Enforcement / Probation

Enforcement, previously termed Probation, is one of the two disciplinary programs established by the BRN.  Terms will be used interchangeably. Please review the following website for information regarding the Enforcement Division of the Board of Registered Nursing. www.rn.ca.gov/enforcement/dispaction.shtml

The purpose of Enforcement is disciplinary action against a nursing license.

If a nurse is not placed in the Intervention, previously termed Diversion, program, they may be placed in the Enforcement.  Enforcement is a term of 3-5 years with strict guidelines that must be followed by contract between the nurse and the Enforcement Division of the BRN.  BRN Enforcement is not related to any legal disciplinary action the nurse has already served for misdemeanors or otherwise but rather in addition to.

Length of BRN Enforcement time is unrelated to the type of violation the nurse committed against the Nurse Practice Act. Lying on a police report, stealing a catsup bottle, stealing drugs from the Pixus, being under the influence of mind altering substances at work or being intoxicated while walking down the street on vacation, failing to document, DUI after or before becoming a nurse, are all violations of the Nurse Practice Act and all receive the same Enforcement discipline.  One recurring argument is that the punishment does not fit the crime.  Another is that the incident occurred while off duty, away from work, “What I do on my own time is my own business.”.  This is not the belief of the Board of Registered Nursing.

As one nurse so eloquently stated, “When you are a nurse, you are a nurse on duty 24/7.”  

Nurses are held to higher ethical standards than most other occupations and pay high consequences when those standards are breached. 

As one Nurse Group Facilitator stated, If a person working as a car washer misses spots on the car, no one gets hurt. If a nurse misses a correct dose of medication, someone can die.  This statement explains some of the rationale behind why the BRN reacts so strongly and the discipline imposed upon nurses is so harsh.

www.rn.ca.gov/pdfs/enforcement/discguide.pdf

If the nurse does not complete the Enforcement Program, is determined by the Board to be non-compliant, or violates Enforcement contract, the nurse’s license will be sent to the Attorney General’s office and revoked.

Enforcement/Probation is public record so when a nurse’s name is googled, BRN Disciplinary Documentation against the nurse’s license appears.

Enforcement nurses are assigned to Monitors.  These Monitors can each have up to 150 nurses assigned to them.  They are the point of contact for nurses into the Enforcement Division and serve as a messenger between the nurse and the BRN.  The nurse signs a BRN disciplinary contract with the Monitor at the entrance into the Enforcement Program. The Monitor is responsible to ensure the nurse is in compliance with BRN orders regarding their discipline.  As with any profession, some employees are more affable than others and the Enforcement Division is no different.   Some Monitors have been reported to inflict great anxiety upon nurses with fear filled threats of violations and license revocation.   Most Monitors are a pleasure to deal with and, even though every detail must be carried out with precision and without fail, the Monitor consistently treats nurses with respect and kindness.  The hats of Enforcement Nurses are off to those Monitors who fit the later billing. You Are Appreciated!

One of the frustrations nurses experience being in Enforcement is that the majority of them are in recovery, they are not “bad people”, they are sincere in their efforts to achieve goals and return to the profession they are good at and love. A large number of the nurses in the Enforcement Program violated the nurse practice act by one offense, often unrelated to work.  If the nurse is a recovering alcoholic or addict, the attitude of the Enforcement Division is punitive which can feel like years of ongoing punishment for having a disease and bearing the proverbial Scarlet Letter across one’s name on the internet.  Two years after Probation has been completed, the nurse can request their name be removed from public viewing on the internet. Unless this request is made, their name and disciplinary action will remain on the internet indefinitely.

Another frustration expressed by nurses is the length of time the entire process of BRN Discipline takes. Variable time lines are broken down in another area of this website.  It is not uncommon for nurses to feel the impact of discipline for ten or more years.  Asking for time lines or expecting the Board to meet their own stated time frames is futile. They are not held to the same standards of exactness that are expected of nurses undergoing the programs.

The Enforcement Program is not ideal and has flaws that are in the process of being addressed.  As stated previously though, if the nurse chooses to participate in Probation, the monitoring, drug testing, meetings, etc., can provide a forced “time out” for a nurse who is actually struggling with substance use to break the cycle.  There are many benefits a nurse can receive from the Enforcement Program if they are willing to work with it.  This is one of the primary hopes of this website.  The BRN Disciplinary Programs can be frustrating but do not have to control a nurse’s ability to experience a joy filled life.  A nurse can achieve personal goals completely unrelated to the BRN.  Enforcement or Intervention do not have the right to ruin one’s day.  Do not allow the Board of Registered Nursing the power to take your God Given Right to Love, to Joy, to Peace away from you.  The goal is to live a life full filled that is separate from and in spite of this disciplinary action.  Compartmentalize the process into small sections that can be taken care of easily with a minimal amount of time.  Do not allow it to dominate, seep into, or saturate parts of life where it doesn’t belong. Enforcement and Intervention do not own you.  You own your own life and your own private personal recovery belongs to you alone.  So what if you have to have a paper signed that verifies you attended a meeting?  That procedure takes 15 seconds and no one else cares as much as you think they do. There are wonderful people working at the drug testing sites who benefited because you were part of their day and brought joy with you. You are needed in those AA, NA, CoDA meetings even if you don’t think you are. How interesting would it be if you were the only one there?   They need you as much as you need them and there is a brotherhood / sisterhood in recovery.  Discovering who you really are under the layers of onion is an adventure unexpected, sometimes a little painful, often exciting, always filled with Love and Victory. That all belongs to you and no one can take that away.  Strive to minimize the amount of time and magnitude of size given to the BRN in your mind, in your day, in your life. Good planning and structure may be new skills but can be utilized as defenses against something that can initially be perceived as monstrous. It is not monstrous, it’s just a thing and the amount of energy you choose to give it is up to you. You are in control of your perceptions, energy, and where you choose to place your attention. You have the power to reduce the thing you perceive as monstrous to a small irritation, or even a blessing! Spend time thinking about paying something forward and giving to others rather than wrestling with resentments.  The thing we give our attention and energy to is the thing we are cultivating. You have access to deep Peace, Joy, and Love. Cultivate them. Nurture them. This is the beginning of something new and great within you.

Nurses, please share information you’ve obtained regarding Enforcement and Intervention laws, trends, or questions so that we can help each other through the process and remove the shroud of mystery that surrounds Enforcement and Intervention.   Comments are monitored to ensure the site maintains it’s mission that even though frustrations and anger are very real, we resolve to maintain a solution based site and remain supportive to each other.