BRN Complaint - Do Not Let This Happen To You

Submitted by Noelle Chalmers

Tags: brn complaint legal advice nursing license

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My story started in December of 2022. I recently relocated to a new area and accepted a position at a local Hospice company. The company is a nationwide corporation that is well known in the Hospice realm. The position was so exciting, it was unlike anything I have done in my nearly 20 years of Hospice and Palliative Care. The position was a liaison role at a local hospital, essentially signing patients on to end-of-life care, either at the hospital or for transfer home with the Hospice program. I accepted that position without a written job description. Mistake #1: Never do this.

The onboarding and training were uneventful. The job itself didn't have anyone in the position, so the hiring Director had me shadow an admissions nurse and make routine visits. I was eventually allowed to work in my role. It was early on that I realized I had made a colossal mistake taking this position. My new job had no structure. I had several managers who gave directives via multiple group text messages and micromanaged off-site, step by step, with so many disruptions that it really was 30-50ish texts for an 8-hour shift. It was distracting and made me feel untrusting from the start. My phone was on fire before I even started my shift, with directives and oversight by our clinical supervisor. I could hear the messages blinging on my way down the freeway most mornings.

About 1.5 months in, I realized this was something I could not sustain. The chaotic and unsupported nature of the supervision was too much for me to handle personally and professionally. I started having health issues due to the silent stress and the anticipated texts or phone calls to tell our team to do something different from what we have been doing.

I called a meeting with my then-DCPS (Director of Patient Care Services) and our Administrator. I explained the nature of my issue in an open and transparent interaction. I explained that I had noted this Hospice had a new position that just opened, which I was better suited for. I asked if I could move over to offer a better fit for everyone. I was denied. I was told that my position is difficult to fill and that I need to wait a few months to be considered for a move to another position. The management did not prioritize my well-being, but the company's needs. This is not a surprise, but I decided to try before I started looking for another job to replace this one. This occurred mid-January 2023.

The following 2 weeks from the meeting mentioned above did not go well for me. I felt harassed, even more micromanaged if that was at all possible. My immediate clinical supervisor directed me to email all leadership with any pharmacy orders. And let them know #1 what meds were ordered. #2: who I spoke to, and #3: if I ordered them stat. This is unprecedented and further instilled a feeling of mistrust. I received a few messages via our group chat that were belittling and directed at me, both in the team chat and in the group email. This was new behavior. The final straw was that, over 2 weeks, I received three directives from 3 separate people who didn't know about the other lists that had been sent. One was not my supervisor on any level. One was from my DCPS, one was from my clinical supervisor ( who was on medical leave), and one was from our sales rep!!! One of the last text messages I received from my clinical supervisor was this:" While I am gone, you guys are going to be managed by Araceli "(name changed for privacy)\. Araceli was our sales rep. A non-clinical salesperson whom I was told to report to!

Early February 2023 rolls around. The first week of the month was my last. I was driving to work, and again, my work phone is going off the rails with messages. I finally parked and took a read. The multiple texts were starting. My clinical supervisor was back and asked me to let her know I was at work on time and which unit I was on. I lost my composure. I started having a panic attack, much like the ones I had the prior month. I texted back I am resigning effective immediately. I work in an at-will state, and I exercised my legal right to quit without reason or notice, just as companies can terminate, we can also terminate our employment relationship. I told them I will be in the office in a few minutes to return all the equipment.

I arrived at the office to be greeted by our Administrator and yet another clinical supervisor I had never worked with. I explained the very reason I am leaving and provided details as mentioned previously. Both the Administrator and the clinical supervisor requested that I reconsider. I said I would if things changed, and they indicated things would not change. So, my resignation was effective.

I spend a good 45-60 minutes having this conversation. I left with my Administrator, who commented that I wasn't listening and that the situation wasn't workable. I agreed with him. I returned all of my devices and supplies and left feeling like the weight of the world was off my shoulders. I left that job with zero marks on my HR file. No write-ups, no coaching, no reprimands; there was nothing to indicate a performance issue.

June of 2023. I received a notification from the BRN (California Board of Registered Nursing). It indicated that the Hospice I resigned from months ago submitted a laundry list of complaints, including allegations of unprofessionalism, negligence, and failure to accept an assignment! There are no details to this, only the very short list of complaints. I could not recollect or think back to anything that would have caused these claims. On my last full day of work, I recalled working on a pending patient who was due to be admitted the next day. I was submitting clinicals as I always did and did not treat this referral any differently. I immediately retained legal representation upon this letter from the BRN.

Months went by, and we did not receive copies of the complaint submitted to the Board of Registered Nursing until October 2023. There were five separate complaints noted, none of which rang a bell or sounded familiar! The BRN scheduled a meeting with an investigator for December.

December 2023 arrives. We met with the investigator, and the meeting went well overall. Both my attorney and I felt this should be in my favor and dismissed. I provided texts, email copies, and other evidence at that time that supported my story. The investigator's questions were clear, concise, and answered to the best of my ability. I was told it would take a few months and that we should hear back.

March 2025 arrives. 1 year and 3 months since my interview. I received a certified mailing on behalf of the Board of Registered Nursing. They intended to file an accusation against my license and seek legal action. I once again retained my exact attorney and began working on this case.

Within a few months, I received a copy of the BRN's discovery. The packet of papers held my license in limbo. I was given a 230+ page document that I combed through. I found that 4 out of 5 complaints were unfounded and unsupported based on the Board's investigation! The one complaint that the Board opted to pursue was the assignment that was not accepted. It appears the DCPS wrote the complaint; of course, I saw her name on correspondence and whatnot. There were emails to the investigator with gossip about the case, including information about me, what she was told after I left, from the DCP. The complaint was that they assigned me a patient to "admit," but it wasn't done. The day this supposedly occurred was the last full day that I worked. They claim they emailed me, but I never answered calls or texts. The DCPS had my personal phone, and to this day, my last text from her was weeks before I left. I had proof on my own device. She never texted. Our work phone was known to have spotty coverage, and it was not unusual to reach out on my personal phone. The unassigned visit was the patient I was working on for admission the next day, who was still in the hospital! Hospice is a 24-hour job. Office hours are usually 8-5, but they must have on-call staff nurses — both RNs and LVNs — after hours for emergencies, admissions, and triage of calls. This is required under the conditions of participation set forth by Medicare. If this situation had happened as stated, after-hours nurses would have been available. Remember, I left my position with zero negative marks on my HR record, no reprimands, and no plan of correction. Had all these complaints been valid, there should have been internal support for DCPS's claims. The Board set a tentative court date 11/2025

It's October 2025, and coordination of communication with my atty and the BRN's representation has occurred. We submitted a long list of documents, including letters from prior employers, colleagues, and family, as character references. I had to submit a letter regarding the whole situation and other documents as deemed supportive by my attorney. A settlement agreement has been reached. I received a light disciplinary action, possibly a public reprimand. This is the best outcome, and I am genuinely thankful for the skilled, supportive approach of my attorney. We are waiting for the final documents to be filed with the courts in November 2025, and we can all move forward.

My license is intact, unscathed, and without limitation on practice.

My takeaway is to share the following with healthcare professionals, especially nurses.

1. Be prepared to get an attorney if you ever receive a letter from your Board. Never communicate with them. They will invite you to call; do not. Have your atty do this. ANYTHING you say will become part of the investigation. Please do not give the Board any more information than they already have.
2. The Board of Nursing in California does NOT pay their attorney and legal fees... not really. They will bill the person who has the complaint. This includes all charges, from legal fees and court costs to having an expert witness review your case. I owe them $6009!
3. Carry malpractice insurance!!! I did, and it covered most of my attorney fees. Both my fees and the board's charges to me ran nearly $20,000. The cost of the malpractice insurance is worth it.
4. Anyone, and I mean anyone, can complain to the Board of Nursing about you! They do not have to work with you. This could be a patient, a family member, a neighbor, an ex-boyfriend or girlfriend, etc. If you are captured in a less-than-stellar situation, being filmed acting foolish or inebriated, all of this can go directly to the Board. Not only that, they accept complaints anonymously and believe all are done in good faith! Meaning the named nurse is already deemed questionable and in a negative light, this is how I felt. The rise of retailitory reports and colleagues' reports about fellow nurses is on the rise. It's getting too familiar in today's world.
5. Never go to HR for anything. I didn't mention that, a few days after I resigned, I reached out to the hospital's HR department. I reported the DCPS and the Clinical Supervisor for questionable unprofessional conduct, with supporting evidence. I know that had I not done this, I would not be in the situation I was. My instinct was always that this was a retaliatory move.
6. Upon leaving your job due to resignation or termination, ensure it's in writing that you have no outstanding responsibilities and that all documentation is in order. Had I done this, there would have been zero credibility to my accusation.
7. You cannot sue the person who filed a complaint with the Board of Registered Nursing for defamation, as the board is considered a privileged third party for such complaints. However, you may have other options, such as filing a malpractice suit if you suffered damages, or the Board of Nursing may take action against the complainant if the complaint is found to be frivolous. You should focus on defending yourself against the Board's investigation, which may involve disproving the allegations or addressing the Board's concerns to avoid or reduce sanctions.