Professional Regulation and Criminal Liability Thesis

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Via stipulated agreement, a licensee who faces disciplinary action has the right to negotiate a settlement. Such a settlement is also subject to the Board vote, and may be approved or denied as a result. When disagreeing with the outcome of the disciplinary hearing, the licensee may also appeal to have the Board's decision overthrown. However, if the accused believes that the charges are valid, he or she may also voluntarily surrender the nursing license, and will no longer be allowed to practice in the state of California.

In cases where it is believed that an accused and convicted nurse will be able to rehabilitate, such an individual is entered into the Board's Diversion Program. This program is mainly focused upon nurses that are subject to problems such as chemical dependency and/or mental illness. These are seen as conditions that can be either remedied or managed in such a way to increase the competence that such nurses display in their practice. Mental illness is particularly seen as a condition that can be managed by means of the correct rehabilitation methods, including counselling and medication.

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The program is implemented to prevent harm by means of early detection. All incoming complaints are therefore scrutinized for signs that either mental illness or drug dependency may be responsible for the problem. The nurse involved is then called upon to decide between entry into the Diversion Program and formal disciplinary action. The program has been implemented to provide targeted help for nurses who have lost control of their situation. It is recognized that such individuals still have the potential to serve the good of the public and of the medical profession.

As seen above, disputes between nurses and patients do not necessarily have to culminate in formal legal action. Measures are in place to ensure that a fair opportunity is provided for all parties to state their claims, make their complaints, and defend themselves. The Board makes a concerted effort to ensure that the medical profession maintains its reputation for excellence in the State of California, while both patients and nurses derive the optimal satisfaction from the service provided to the public......

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