Information for ADN Applicants
How does a prior conviction affect my eligibility for licensure?
The California Board of Registered Nursing protects the public by screening applicants for licensure in order to identify potentially unsafe practitioners. Statutory authority for denial of licensure is set out in Business and Professions Code Sections 480-487, 492, 493, 496, 810, 820-828- 2750-2765 and 2795-2797.
The law provides for denial of licensure for crimes or acts which are substantially related to nursing qualifications, functions, or duties. A crime or act meets this criterion if, to a substantial degree, it evidences present or potential unfitness to perform nursing functions in a manner consistent with the public health, safety, or welfare (California code of Regulations, Section 1444).
The Board may deny licensure on the basis of:
- Conviction of a crime substantially related to the practice of nursing.
- Any act involving dishonesty, fraud, or deceit with intent to substantially benefit self or another or to substantially injure another.
- Any act which is grounds for revocation of a license.
- Making a false statement on the application for license.
- Breach of examination security.
Convictions
The Board considers most convictions involving sex crimes, drug crimes, and crimes of violence to be substantially related to nursing practice. Board regulations list examples of such crimes or acts to include, but not be limited to:
- Conviction of child abuse.
- Violation of Nursing Practice Act.
- Conviction as a mentally disordered sex offender.
- Crime or act involving narcotics, dangerous drugs, or dangerous devices.
- Conviction of assault and/or battery.
Rehabilitation
If the Board determines that an act or crime is substantially related to the practice of nursing, then it is the responsibility of the applicant to present sufficient evidence of rehabilitation.
When considering denial of license, the Board takes into account the following criteria to evaluate the rehabilitation of the applicant. (California Code of Regulations, Section 1445).
- Nature and severity of the acts or crimes.
- Additional subsequent acts.
- Recency of acts or crimes.
- Compliance with terms of parole, probation, restitution, or other sanctions.
- Evidence of rehabilitation submitted by applicant.
The Board has developed the following list of suggested evidence of rehabilitation for applicants whose licensure is in question.
It should be noted that the Board applies the same denial criteria for applicants for interim permits and temporary licenses as it uses for permanent licensure.
Evidence of Rehabilitation
At the time of application for licensure, the burden of lies with the applicant to demonstrate sufficient competent evidence of rehabilitation to establish fitness to perform nursing functions in a manner consistent with public health, safety, and welfare. The following list itemizes types of evidence which the applicant should consider providing to the Board. All items should be mailed directly to the Board by the individual or agency who is providing information about the applicant.
- Copies of court documents pertinent to conviction, including documents specifying conviction and sanctions, and proof of completion of saction.
- Letter from applicant describing underlying circumstances of arrest and conviction record as well as any rehabilitation efforts or changes in life since that time to prevent future problems.
- Letters of reference from nursing program instructors concerning attendance, participation, and performance in nursing program.
- Letters of reference from past and/or current employers.
- Letters from recognized recovery programs attesting to current sobriety and length of time of sobriety if there has been a history of alcohol or drug abuse.
- A current mental status examination by a clinical psychologist or pshchiartrist. The evaluation should address the likelihood of simliar acts or convictions in the future, and should speak to the suitability of the registered nursing profession for the applicant.
- Letters of reference from other knowledgeable professionals, such as probation or parole officers.
- Copy of Certificate of Rehabilitation or evidence of expungement proceedings.
- Evidence of compliance with and completion of terms of probation, parole, restitution, or any other sanctions.
- For endorsement applicants, copies of:
-Formal accusation and determination of other state
-Copies of evidence presents to other state in order to obtain reinstatement of license or reduction of penalty
-Terms of probation and evidence of current compliance if currently on probation in another state.
NOTE:
It must be noted that records that an individual has been assured are "sealed" may, in fact, be available to the BRN. If you are concerned that you nay have a past conviction or record that may affect your ability to be licensed, please make an appointment to speak with the program directors or call the Board directly. The most important advice is that you be entirely honest with the BRN. It may be advisable to discuss your situation with a representative of the BRN before or immediately after entering the program. This can be done anonymously on the telephone.
Students who plan to request a letter of recommendation from the program director to the Board attesting to their character must meet with the director during the first semester and periodically thereafter so that a personal reference can be written. The program director will not write a letter of reference for a student who has not made this contact.
