This is very important! Please do NOT call the BVNPT for legal advice regarding your LVN license!
The Board of Vocational Nursing & Psychiatric Technicians cannot give legal advice, so please do not call them for advice on legal matters that may impact your LVN license; here is a recent example.
RN Guardian had a potential client call us regarding a required disclosure of a DUI to the BVNPT. He had read the RN Guardian blog and we had mentioned that the BVNPT requires the disclosure of a misdemeanor (certainly one involving alcohol, like a DUI) to be reported to the BVNPT within 30 days of the conviction. He had read that failure to disclose within a timely manner, could result in an unprofessional conduct charge being filed against the nurse. He had read that getting assistance with a disclosure, especially the disclosure of a Wet and Reckless, would almost certainly result in a citation and fine from the BVNPT and nothing more. But he was very confused because he had actually been given different information by someone at the BVNPT itself.
He had called the BVNPT to find out when he needed to disclose his DUI arrest that had been reduced to an exhibition of speed misdemeanor conviction, and he was told he did not have to disclose it until he renewed his LVN license. This information was correct, only it was correct 4 years ago, and is NOT CORRECT ANYMORE! Whoever he spoke with at the BVNPT had given him absolutely false and incorrect information. He is now beyond the 30-day disclosure window and could very well face an unprofessional conduct charge from the BVNPT even though it WAS THE BVNPT that gave him the wrong information. How can they get away with this?!?!?
One reason: the BVNPT is NOT allowed to provide legal advice. They are NOT legal nurse consultants and even the answer to a question as simple as “when do I need to disclose a conviction,” is legal advice based on an understanding of 16 CCR 1441. However, 16 CCR 1441 is pretty cut and dry so I am going to tell you what it says, and I don’t even think it requires a legal interpretation.
1441 (c) (1) states verbatim: Unprofessional Conduct is “failure to report to the Board, within 30 days, any of the following: the conviction of the licensee, including any verdict of guilty, pleas of guilty or no contest, of any felony or misdemeanor.”
It is crystal clear: ANY CONVICTION OF ANY MISDEMEANOR MUST BE REPORTED TO THE BVNPT WITHIN 30 DAYS.
It didn’t matter that the conviction had been reduced from a DUI to an exhibition of speed, he was CONVICTED OF A MISDEMEANOR and that MUST be disclosed to the BVNPT. You would certainly think that it is the BVNPT’s job to know their own rules and regulations and tell you what the rules are, but obviously, they cannot be trusted to provide accurate advice. There are zero ramifications for them if they give you the wrong information.
It is, however, our job.
If you are in need of a legal nurse consultant and have legal questions regarding your LVN license, please give RN Guardian a call at 1-800-506-9766 or contact us here. We know the codes, laws, rules, and regulations and unlike the BVNPT itself, we are actually culpable if we give you the wrong information.