BRN’s Accusation:

The Med-Spa / Practicing Medicine Without a License Complaint

If I didn’t know better, I would think that the BRN as an entity was gearing up to run for public office, by the way it dances to the beat of the Media drum. In fact, the draconian BRN as we now know it is the result of a 2009 publication by the LA Times Pro Publica calling the BRN out on the carpet for not being harsh enough in disciplining nurses (way to go new BRN… you sure showed us). The newest media buzz regarding registered nurses stems from a 2012 bill targeting Med-spa providers for unlicensed and unsupervised practice of medicine. Everyone is getting caught up in the net: the Doctors are getting busted for lack of supervision of other staff. Receptionist and lay-people owners are getting tagged with aiding and abetting unlicensed practice of medicine. Estheticians are being investigated. But the group who is coming under fire and of course, taking the most severe discipline, are the registered nurses.

Because the bill caused a media uproar in 2012, it sparked criminal investigations and investigations by the Department of Consumer Affairs. The criminal cases are likely wrapped up by now and DCA is concluding many reports from their initial dragnet and sending them to the various licensing entities, such as the BRN. So what we are bound to see in the next year or so is an avalanche of accusations from the BRN against RNs for the following:

  • Incompetence for performing laser treatments a without a physician’s order, physician supervision, standardized procedures, or having a good faith exam performed prior to treatments.
  • Furnishing or Prescribing Medication on a Standing Order (like Botox, Juvederm, Radiesse, Obaji, etc.)
  • Practicing Medicine without a License for performing treatments without standardized procedures, physician supervision, or having a physician’s order.
  • Unprofessional Conduct for violation of the Nurse Practice Act.
  • Criminal Convictions for Practicing Medicine without a License, Aiding and Abetting a Violation of the Medical or Nurse Practice Act.

If you are a registered nurse or nurse practitioner and you find yourself the recipient of such BRN accusation, or if you are contacted by one of the DCA investigators, PLEASE CALL US! We can help you during the investigation stage to minimize your exposure and we can defend your license against revocation if you’ve been served the very unsavory, BRN accusation de jour.