If your LVN license was revoked, you can petition for reinstatement if you have met a few critical criteria: you’ve waited either 1 or 3 years, you have some evidence of rehabilitation, and you have continued with your CE courses.
Vocational nurses will lose their LVN licenses for 2 reasons: 1.) They voluntarily surrender the LVN license or 2.) The LVN license is revoked by the BVNPT. Once a LVN license is surrendered or revoked, it is possible to get it back but it is a long process and it is an uphill battle. The process to get your LVn license back is called a Petition for Reinstatement.
- Once a license is revoked, there is a waiting period of 1 year for revocations resulting from mental or physical health or three years for everything else. There should be clear information regarding your waiting period in your Revocation Order.
- The Petition for Reinstatement itself is a set of documents that must be properly completed and submitted to the BVNPT. In order to get the paperwork, you just have to contact the BVNPT and tell them you want to petition for reinstatement- they will mail you the document. Making sure that all the paperwork is in order, all present and all compelling enough to be granted is difficult just on its own.
- Once the Petition for Reinstatement is filed, the BVNPT sets a date for the case to be heard by them in person. The BVNPT is busy and as of this post, it’s taking a year to get on their calendar to be heard. This is now four years from surrender.
PRESENTING YOUR CASE
- The amount of time given to the nurse to present the case to the BVNPT is very short. The BVNPT will allow you to present your case in person before the Board for about 15 minutes. That is an excruciatingly small amount of time to convince a group of people that you are sorry for what you did, you take responsibility for your actions and you are rehabilitated with systems in place to ensure there is no likelihood of recurrence.
The burden of proof shifts to you, the nurse. During an Accusation, the BVNPT must show causes of action and prove those causes by clear and convincing evidence in order to discipline the LVN license or revoke it. Once the license has been revoked, the NURSE must prove the reasons they should have their license given back to them. This means there must be some sort of verifiable evidence that the LVN is fit to have their license reinstated. It is much more difficult to prove “I am a good person and no longer a risk to the public,” but that is what must be done.
- If a license is revoked, there is a good chance that the nurse will be placed on the Health and Human Services (HHS) Federal Office of Inspector General (OIG) List of Excluded Individuals/Entities or the state’s version: the Medi-Cal Suspended and Ineligible Provider List. (That is an additional process, and the subject of an entire post of its own. Click here for more on that super-fun experience.) If you want to actually use your LVN license once you get it back, you have to get off of these lists, too.
If you are a nurse who is considering a petition for restatement of your LVN license, this blog post may not be the best news. It is certainly not what you want to hear if you just recently lost the license and now know you have the better part of 40 months to wait to get it back.
However, if you are at the beginning of climbing this hill, we can absolutely help give you some pointers on what you can do in the meantime to build your case. (Remember that burden of proof is yours – we will help you establish it.) If you have reached the point where you can actually request and file the petition for reinstatement and would like some assistance making sure all the “t’s” are crossed with a flourish and “i’s” are dotted definitively, we can help you with the paperwork. If you are feeling a bit nervous about convincing a room full of people in 15 minutes that your life should be given back to you, we can be pretty darn convincing. In fact, RN Guardian has been successful in getting our client’s licenses reinstated in the vast majority of cases!
Petitions for reinstatement are not easy. They are time consuming and they have to be perfect, but in the end, if you can get your LVN license back and get back to the career you love, they are so worth it! We would be happy and honored to help you get back the part of you that makes you who you are, the “LVN” part.
Give me a call at 800-506-9766, or complete this form, if you are at this crossroad and let’s see what we can do for you.