Your nursing and psychiatric tech license is more than just a credential. That license represents your professional credentials and primary source of livelihood. After several years of education and training, a psychiatric technician (tech) and vocational nurse must secure a professional license to offer his/her services.
The Board of Vocational Nursing and Psychiatric Technicians (BVNPT) is the agency responsible for issuing these licenses and disciplining those accused of various misconduct or violations. Once you receive your professional license, you can offer the medical services you are passionate about to patients in need. However, you must comply with the board’s ethics and standards in your practice.
Any allegation of misconduct could compromise the license holder’s ability to hold a license. That is where the services of an attorney become crucial to ensure you are not alone during these challenging times. At Los Angeles License Attorney, we can help you build a strong defense to challenge the allegations and achieve the best possible outcome.
A Look at Psychiatric Technicians’ and Vocational Nurses’ Roles
Both psychiatric technicians and vocational nurses play a vital and much-needed role in the medical field. Although being a psychiatric technician or a licensed vocational nurse (LVN) is a gratifying career due to the impact you have on your patients’ lives, your roles and responsibilities can be very demanding.
Briefly listed below are some of the responsibilities of LVNs and psychiatric technicians in the medical industry, respectively
Vocational Nurses
If you are an LVN, some of your responsibilities could include (but are not limited to) the following:
- Giving injections
- Documenting your patients’ progress
- Observing and documenting your patients’ signs and symptoms
- Recording data about patients’ improvements and progress
- Operating intravenous machines
- Ensuring patients take all their medicine as prescribed
- Treating and dressing your patients’ wounds
Your role as an LVN is essential to patient care and public health. and demonstrates that you hold people’s wellness and life in high regard. Your expertise and knowledge are crucial and highly needed in the modern world. It’s no wonder you have to go through extensive training and education for several years to secure your professional license.
While it could take a lifetime and a lot of resources to build a successful career as a vocational nurse, a minor error during patient care could trigger the board’s investigation into your practice. Hence, it is essential to remain cautious and professional in all aspects of your work. However, no human is perfect, and a mistake could occur in your line of duty.
When that happens, you need to know the proper steps to take to minimize or avoid the impact of the allegations on your reputation or professional license. For example, immediately hiring a skilled license defense attorney after learning that a patient or colleague has filed a complaint against you could mean the difference between a license revocation, suspension, or dismissal of the case.
Psychiatric Technicians
The roles and responsibilities of psychiatric technicians are similar to those of LVNs, but they differ in some aspects. The main difference is that your responsibilities as a licensed psychiatric technician will involve caring for patients with mental health conditions or cognitive impairments. Examples of your work environment include hospitals, mental clinics, or rehabilitation facilities.
Your expertise and skills as a psychiatric technician can contribute to a patient’s overall treatment or rehabilitation. As a licensed psychiatric technician, some of your roles could include the following:
- Help in a patient’s treatment and rehabilitation
- Observing behavioral patterns in your patients
- Helping with personal care and hygiene, including grooming and washing clothes
- Giving injections and medications to patients
- Monitoring your patients’ respiration, pulse, and temperature
Dealing with patients with mental health conditions is not easy. Dealing with patients who have this type of condition requires you to have empathy and compassion, which is a unique calling and a distinct line of profession. Unfortunately, like an LVN, as a psychiatric technician, you are prone to complaints or lawsuits due to the nature of your work.
When a client or his/her family member is dissatisfied with your services, he/she could file a complaint against you with the licensing board, putting you at risk of disciplinary actions, including license revocation or suspension. Fortunately, with the legal advice and assistance of a qualified attorney, you can challenge these allegations to secure a desirable outcome.
Common Violations That Could Attract the BVNPT Disciplinary Actions
As mentioned in the previous paragraph, the BVNPT is the agency responsible for issuing licenses to qualifying vocational nurses and psychiatric technicians. After receiving your license, the BVNPT expects high professionalism in your work and compliance with all the required work ethics and regulations. In case of any allegation against you or your practice, the board may take disciplinary action against you.
By doing that, the agency protects the consumers of your services and the public from unnecessary medical malpractice issues. However, that does not mean every allegation or complaint that a colleague or patient files against you with the licensing board must result in disciplinary action.
With the professional help of a reputable license defense attorney, you can aggressively challenge the accusations to secure a case dismissal or lighter disciplinary action like license probation. Generally speaking, most complaints or allegations that many LVNs and psychiatric technicians face involve the following:
- Physical or sexual assault of your patient
- Unprofessional conduct
- Departure from the required standard care and ethics norms
- Gross negligence or incompetence
- A conviction for a felony or misdemeanor offense
- Drug abuse or a drug-related charge
- Recklessly or intentionally causing emotional harm to your patient
- Violating the terms and conditions of a previous misconduct or violation
- Dishonest or fraudulent transactions related to your services or work
- Being intoxicated during your working hours
Criminal Violations That Could Make the BVNPT Take Disciplinary Action Against You
A criminal charge or conviction for certain offenses, especially those related to your profession or duties as a vocational nurse or psychiatric technician, could attract the board’s disciplinary action against you. Examples of common crimes that could attract the BVNPT’s disciplinary actions include the following:
- Driving Under the Influence (DUI)
A DUI offense occurs when an individual operates a vehicle while under the influence of an automobile while under the influence of drugs or alcohol. The drugs in this case could include controlled substances or prescription drugs. In addition to attracting grave criminal penalties, a DUI offense could attract negative repercussions on your practice license as a psychiatric tech or vocational nurse license.
- Sale or Transportation of Controlled Substances
According to Health and Safety Code 11352 (HS), it is unlawful to sell, furnish, or transport controlled substances. If the prosecutor secures a conviction against you under this statute, your sentence could include up to $20,000 and up to nine (9) years behind bars. However, this law applies to various street drugs, including (but not limited to) the following:
- Peyote
- Cocaine
- Heroin
- LSD
In addition to the hefty and life-changing consequences, a conviction or a charge under this statute could attract negative repercussions on your professional vocational nurse or psychiatric technician license, including a revocation.
- Fraud
You commit a fraud offense when you commit any act that results in undeserved or unfair gain for yourself and a loss to another person. Depending on the unique facts of your case, your fraud offense could result in felony or misdemeanor legal penalties.
Additionally, if you are an LVN or psychiatric technician, the board could impose disciplinary action against you when they learn that you are under arrest for a fraudulent activity. For example, that could happen when you bill a patient for a service you did not offer him/her.
- Rape
Rape is a crime involving moral turpitude and could result in negative repercussions on your psychiatric or vocational nurse license. You commit this offense when you use force, violence, fraud, or threats to engage in non-consensual sexual intercourse with someone else.
In addition to the possible hefty legal repercussions, a rape charge conviction could result in suspension or revocation of your practice license by the BNVPT.
When the BVNPT learns that you are under investigation or have been charged with any of these offenses, it will initiate an investigation immediately. Whether or not it will take disciplinary action against you will depend on the facts of your unique case and your attorney’s aggressiveness.
Potential Disciplinary Actions by the BNVPT
As mentioned in the previous paragraph, the BVNPT is the agency responsible for licensing and disciplining vocational nurses and psychiatric technicians in response to a complaint or allegation that necessitates disciplinary action.
After securing your practice license, the licensing board expects you to comply with specific regulations and standards in all your dealings as a licensed psychiatric technician or vocational nurse.
Depending on the facts and circumstances of your case and your attorneys, you should expect the following disciplinary actions at the end of the administrative hearing if the case does not work in your favor:
- Fine and citation — While it is one of the least severe disciplinary actions, a fine and a citation could appear on your professional licensing record and could impact your future job opportunities
- License and suspension — When the board suspends your practice, you will not be able to practice or offer your services for a specific period
- License revocation — For severe cases, especially those involving gross negligence or sexual offenses, the board could revoke your psychiatric tech or vocational nursing license. Like a suspension, a revocation of your practice license will affect your ability to offer your services as a vocational nurse or psychiatric technician
- Public reprimand — If the board finds that the allegations you are facing are true, it will publish your information, meaning the public, including your potential clients, will know about your violation
- License probation — If the BVNPT imposes license probation, you can continue practicing and offering your services to patients in need. However, you must adhere to the set terms and conditions during your probationary period
Factors the ALJ Will Consider When Determining Appropriate Disciplinary Action for Your Violation
The administrative law judge (ALJ) must follow the board-set guidelines and rules when determining your appropriate disciplinary action. Examples of these rules include the following:
- The Seriousness and Nature of Your Violation
Every offense or misconduct issue will attract different disciplinary action. A sexual assault case against a patient will attract harsher disciplinary action than being under the influence at work or mistakenly giving a patient the wrong medication.
- The Injuries the Patient Has Sustained
When a patient sustains an injury due to your negligence, the ALJ will recommend harsher penalties than when there is no injury at all.
- Whether the Offense is Significantly Related to Your Duties as an LVN or Psychiatric Technician
The ALJ will consider whether your conviction or the alleged offense is related to your roles and duties as a psychiatric technician or LVN. If the offense is related to your duties, it will weigh heavily on the ALJ’s decision. However, a skilled attorney can help convince the ALJ why you deserve to keep your practice license.
- Evidence of Rehabilitation
If your attorney can help show the ALJ that you are a changed and rehabilitated individual, he/she could recommend a lenient punishment for your violation.
- Whether You Have a Past Disciplinary Record
Having a past disciplinary record for any violation could negatively impact the outcome of the administrative hearing with the ALJ when accused of misconduct.
After carefully considering the above factors, the ALJ will decide on your appropriate disciplinary action, which he/she will propose or recommend to the board for final review and final decision. In other words, the BVNPT decides on the suitable disciplinary action for your violation.
During your hearing with the ALJ, your attorney’s legal assistance is crucial. Aggressive legal representation can positively impact the ALJ’s decision to secure a favorable outcome.
Find a License Defense Attorney Near Me
As you can see above, even the most minor allegation or complaint could crumble your career as a psychiatric technician or LVN, but you have options. Consulting with a skilled attorney as soon as possible could mean the difference between a dismissal of your case, license revocation, or a lighter disciplinary action.
Call our profound license attorneys at Los Angeles License Attorney at 424-554-1140 if you or a loved one is facing an allegation that could jeopardize his/her psychiatric technician or vocational nurse license.
