The 11 Factors: How the Board Weights Your Case
- License Alliance
- 16 hours ago
- 2 min read
When the BRN reviews an Accusation, they don't just look at the incident in isolation. Instead, the Recommended Guidelines for Disciplinary Orders and Conditions of Probation instruct the Board to consider the "totality of the facts and circumstances."
This is done by applying 11 specific factors to your case to determine if revocation, suspension, or probation is the appropriate response to a violation.
At License Alliance, our network of experienced attorneys analyze your case through this exact lens to identify your strongest points of defense.
The 11 factors considered by the Board include:
Nature and Severity: The seriousness of the act, offense, or crime.
Public Harm: The actual or potential harm caused to the general public.
Patient Harm: Any actual or potential harm specific to a patient under your care.
Disciplinary History: Whether you have a prior record with the Board.
Current Violations: The number and variety of violations in the current Accusation.
Mitigation Evidence: Any circumstances that explain or lessen the gravity of the act.
Rehabilitation Evidence: Actions you have taken to correct the underlying issue.
Criminal Compliance: How well you have complied with court-ordered probation.
Overall Criminal Record: Your broader history with law enforcement.
Time Elapsed: How much time has passed since the offense occurred.
Expungement: Evidence of any legal proceedings to clear your criminal record.
Your case wants to "move the needle" on as many of these factors as possible. While you cannot change the "Nature and Severity" of a past event, you can significantly influence the "Rehabilitation Evidence" and "Mitigation Evidence" sections. It is also important to note that the Board requests ALJs to clearly explain their rationale if they deviate from these standard guidelines. This means that every piece of evidence must be strong enough to withstand judicial scrutiny. You want the "totality of the circumstances" to lean in your favor, emphasizing your current fitness to practice over past mistakes.
By focusing on these 11 factors as specified in the Recommended Guidelines, our network of experienced attorneys help transform a seemingly one-sided Accusation into a nuanced conversation about your future in nursing. Understanding where the Board looks for answers provides the most compelling evidence for your continued licensure.
"Talk to a Nursing License Defense Attorney"
When your license is at risk, preparation matters. Our network of experienced attorneys understands how the Board applies the Recommended Guidelines and can help you build a defense focused on your continued ability to practice safely.
Don't wait until you're under investigation to find a lawyer. Join License Alliance today for as little as $29/month and secure the professional defense you deserve.
License Alliance LLC is not an attorney or professional law corporation.
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