California Business and Professions Code 2751 – (a) Notwithstanding any other law, the board may, in its …
(a) Notwithstanding any other law, the board may, in its discretion, accept the surrender of a license through a stipulated agreement in the absence of a pleading when the ability of a registered nurse to practice nursing safely is impaired due to mental or physical illness.
(b) This alternative proceeding shall apply only to cases that would otherwise have been processed pursuant to Section 820.
Terms Used In California Business and Professions Code 2751
- board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- license: includes certificate, registration, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2750
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
(c) Until the time that the licensee signs the stipulated agreement for license surrender, he or she may elect to have the disciplinary process conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) The stipulated agreement in this alternative proceeding shall specify that:
(1) The license surrender shall be public information and shall be considered a disciplinary action.
(2) The licensee may petition the board for reinstatement after a period of not less than one year after the effective date of the decision.
(3) Any reinstatement proceeding shall be conducted pursuant to Section 2760.1.
(4) Upon seeking reinstatement, it is the responsibility of the former licensee to submit competent evidence of the ability to safely and competently practice as a registered nurse.
(Added by Stats. 2002, Ch. 1011, Sec. 6. Effective January 1, 2003.)