ISSUES: Paragraph 1419 Registered Nurse Renewal of License ( CODE attached): My Registered Nurse License is Renewed with continuing education units completed and the fee paid. Demand for, at my expense, full-set of fingerprints exclusively from the Department of Justice, with State and Federal criminal record reviews is Un-Constitutional both at the State and Federal levels of government. The demand in combination with seizure of my 38 year old Registered Nurse License is coercion; i.e. either you get fingerprinted or we seize your right to work - R.N. License. U.S. Amendment IV/State Article I:13 states that security of person,houses, papers, and effects, against unreasonable search and seizures, shall not be violated, no Warrants but upon Probable Cause. Paragraph 1419 went into effect in 1985, 24 years ago. New RN-LVN graduates are routinely processed through these two demands. March 1, 2009, The Board of Registered Nursing (BRN) renewed the requirement of this Article 2.Registration and Examination, paragraph 1419.
The Sections of both Constitutions are involved because there is no "probable cause" for the fingerprints or the criminal records check. There is no 'due process' even if a crime or past crime were involved; and 'no appeal' in any case. There is No Crime in refusing to give permission to the Board of Registered Nursing for either of the above demands. Because this Regulation is just that, there was no State Legislative review for this Regulation. There is no reason to search for my fingerprints since there is no record anywhere of my fingerprints, and because 24 out of my 38 years as a Registered Nurse have elapsed. Security of person involving my fingerprints: for a Registered Nurse, hands and fingers are tools of assessment and evaluation of a patient's condition. Security of property and affects is the license itself: It is properly renewed, but because I have refused the above, I do not have, in my personal possession, a Correctly Dated Registered Nurse License, I therefore cannot work as a Registered Nurse. I am single. My R.N. License is my primary income which pays my expenses and my mortgages. "Affects" also include my 5 years of working as a Diabetic Educator and member of the American Association of Diabetic Educators, the last 2 of which where as a full-time Diabetic Educator. It takes 5 yrs. for a Home Health, visiting nurse to complete the hours of direct patient diabetic teaching care required to become certified. There is a Certification examination to complete. My current RN Case Manager and Diabetic Educator position pays me less than many RN's with my years of clinical and administrative experience; but to be a Certified Diabetic Educator means more responsibility, more independence, and the opportunity to expand my RN work into a field of expertise which requires my clinical as well as my psychosocial teaching skills and is very satisfying to me in accepting the challenges of the patient and family with diabetes. The loss of pay and increase in debt were well worth the risk of not passing my Certification Exam. I was also able to contribute two patient care articles which were requested to be published in "Home Health Care Nurse" and in "Clinical Diabetes", but July 31st came first.
My license expired on 7/31/09. I can't count the number of patients, nurse and personal friends who felt that the care I gave and the money I earned was much more important than "This is over a set of fingerprints!!??" from my mortgage company. But for me, I had just completed a course called "A Guide for Learning and Teaching The Declaration of Independence and The U.S. Constitution" via www.teachconstitution.org . Course Goals were not only to understand the impact of original documents on our Founders along with their roles in Our Nation's two, unique in the world documents which Mr. Andrews calls the Birth Certificate - for Our Declaration - - and the "Owner's Manual" for Our Constitution, but also how Both Documents are as Relevant January 2, 2010 as the year they were written. Over several months that followed, I was to find out how very true these goals were and was often amazed, even dumfounded, at the insight of Our Founders into human nature, the applied effect that human nature has on elected or in-charge leaders, and why the Constitution was not designed to be specific; but as a guide to Prevent The Federal Government from becoming too big because another group of American's expectation that its big size could somehow manage individual's lives better than the individual or even each sovereign State which is closer to the persons and the problems; or that taxpayer resources distributed over Fifty States and Territories, is somehow, more efficient than the same taxpayer resource used by each sovereign State. The Constitution also Prevents the sovereign States from interfering with Our issues as a Nation and specifically are duties of the Federal Government. First and the absolute reason both of these documents were written: The Declaration and The Constitution protects each Individual American natural or naturalized; and with the Declaring that "All Men Are Created Equal....".
We are in what many Americans hope is a correction, from power and money in the hands of a few, although the last word on Obama's "Patient Protection and Affordable Act" is not in yet. This 'Act' is the essence of the very problem our Founders tried to prevent US(A) from experiencing first hand as they had, or had observed in the world era of 1776.
The course is important to the seizure of my R.N. License for several reasons: 1) I realized that many of my friends, family, co-workers, leaders had no idea what these documents contained, nor what they mean to each and every individual American; many answered "If I have to chose between my paycheck and my license; paycheck wins every time!" 2) Upon visiting in person the Board of Registered Nursing, the clerks managing compliance to this 1419 were working by rote, had taken a Oath to support both Constitutions and had no idea what the documents (including CA Constitution) contained; and further, stated there is no way around this demand and stay an active R.N.; 3) Wrote and called my State Representatives, which by now the budget stale mate is in full swing, so I could see the absence of these documents in the arguments presented. They listened to me and explained that legislation was closed until 2010 and also that "They have the Codes" that make 1419 enforcable. When I said "Then the Codes must be wrong because the Constitution is the Supreme Law of Land which CA Constitution recognizes", they said we are sorry, but there is nothing we can do now. Even made a "Whistle Blower" report to California State Auditor. As of October, I am to fax my work to them, but unemployed = no money. 4) My 8/9/09 Unemployment Insurance application is made with "Career Change" as part of the application. I am not and cannot work as a Registered Nurse - 'disqualified' or not! There are also many job positions in and out of health care which I cannot do because of Regulations like 1419. There are several thousand of Californians who also must agree to the fingerprints-criminal record checks or not be hired; or not have a professional license renewed with the use of different CA Code numbers corresponding to twenty-five other professions involved through this type of Regulation.
My personal goals were two: 1) To Educate, though actual experience, what happens when the State of California, Department of Consumer Affairs, Board of Registered Nursing's requirement 1491 becomes challenged as un-Constitutional. In writing about the events with my R.N. License, I also could demonstrate that Our Two Documents are Written "It is the excellency of this Constitution that it is expressed with brevity, and in the plain common language of mankind. Oliver Ellsworth 1787". Our Founders fully intended that every individual start learning about these documents from elementary school 'all the way- each year' through college and beyond... Because the Declaration gives a 'why' for Our Nation and the World we live in; along with a 'how to..' Constitution application of issue solving to the 'Parents' - We the people- as Unique Individuals, elected, appointed, leaders, down-to-earth- you and I - Our name: Americans (Natural or Naturalized). The instruction of Our Two Documents is California Law commonly ignored or distorted in public education; but not in Charter- Home Schooling. And show that "..Whenever the protection of the public is inconsistent with other interests
sought to be promoted, the protection of the public shall be paramount.(Adm. B andC Code 2708.1 below)", is an incorrect application of the demand for my or any
licensed individual's fingerprints or criminal records.
California Constitution Article I:7(b) states: "A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked." Not only is a Registered Nurse a citizen, but also a Consumer. This use of Code 2708.1 singles a 'class of citizen' - consumer out as requiring fingerprints and criminal record exams and fails to protect the 'R.N class of consumer' from the time, quality, education, application of knowledge and problem solving to the benefit of patient care, rewards from applying education and knowledge as a service.
2) Get my R.N returned without fingerprints or criminal exams.
licensed individual's fingerprints or criminal records.
California Constitution Article I:7(b) states: "A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked." Not only is a Registered Nurse a citizen, but also a Consumer. This use of Code 2708.1 singles a 'class of citizen' - consumer out as requiring fingerprints and criminal record exams and fails to protect the 'R.N class of consumer' from the time, quality, education, application of knowledge and problem solving to the benefit of patient care, rewards from applying education and knowledge as a service.
2) Get my R.N returned without fingerprints or criminal exams.
I started this goal by writing an Appeal (not allowed in the demands of 1419) via "Customer Service Evaluation Form-08/12/09" with attached letter to BRN describing much of what I have already said plus a little more emotion because now it's 12 days since my last paycheck; and I put my Unemployment Insurance (UI) Application into the works on 08/09/09 and knew from friend's experience, I would be lucky to hear anything before 09/15/09! There was no response to the Service Evaluation from BRN; but that's OK. I reasoned, when one out of several thousands R.N.'s complain - it is unusual. Actually, after another ICU-RN,BSN, at the BRN Office reported she had complained regarding privacy. Then the Clerk admitted there were several complaints about 1491. This 12 yr. experienced Intensive Care Nurse working a small rural hospital in northern part of State, was told she would not be allowed to continue employment if she did not comply to the 1419 demand.
On July 15, 2009, 6 of 7 Board members were replaced and the video of the new members swearing in with the Governor was on his website. The wording changed in the BRN's enforcement of 1419, but not the requirements. I also published on the 'little corner' of my Profile in Face Book, exactly what happened as it happened throughout most of the events.
On 9/18, I was interviewed by UI contact and told of my weekly amount due and that she would authorize to "cut a check. But wasn't sure if it would go though." She didn't say more. On 9/29, I went to the UI because more than 14 days had passed and no UI check. By phone call, I found that I had been 'Disqualified' from UI benefits by the BRN. I had post-dated my mortgage check for 9/30/09 which I called to cancel. I made a new Application for UI from a previous RN visiting nurse organization when there was no question about the issue of my RN License Renewal. There had been no contact in writing from Unemployment Insurance 8/16 award letter to 10/18/09 appeal letter. On 10/15, I was informed by a Mrs. Wilson, of UI, that I may not make a new employment application until the 'disqualified' was removed from the old application (retroactive Regulation!?). She also made some comments about due dates, stop dates that made no more sense than the question: "Did you earn more than $1350 for the week June 27 - July 31?". That question turn-out to be OK to ask, to dis-allow the new application I could not make. Nothing else made much sense either, but she just said "Those are the rules.". I sent in the Appeal from 8/8/09 as well as the appeal from 10/15 on two of the UI forms for same. On the first of November, I was informed by my loan modification company that my loan modification was Discontinued for no payment 9/15. That the loan would revert back to the old loan requirements. I have not be able to make a mortgage payment since 9/15 on the first mortgage. Around the middle of November, I was informed my UI Appeal in Los Angeles, was redirected back to San Diego. Upon calling San Diego, informed they wouldn't call me until around late January 2010. No unemployment insurance from 08/09/09 to 01/28/10. Then Mrs. Wilson changed date to 11/1 which I have yet to hear whether that means UI gets out of Aug. 9 to Oct.31. Also, UI Department has taken over 'discipline by the Board' from the Board of Registered Nursing in supporting the Board's determination that I am 'disqualified as unemployed' because my license is renewed properly, but I have refused the above 'Demands' a.k.a.1419. The BRN (hear-say) also feels financial problems is not their fault. That my decision to refuse submission to the demands of 1491 has the outcome of no unemployment insurance and the resulting financial problems; although there is no location for a specific, written "..refusing finger...& record.. will be disciplined by the Board.." - not another CA Department.
Another goal must be added because what was the unemployment insurance awarded me as of 08/09, would have helped first and second mortgages was not to be; and has put my home into the thirty-five days before foreclosure. Upon setting up this article on "Registered Nurse License Renewal, The U.S. and State Constitutions, and The Board of Registered Nursing", I have looked up the Codes the Board used to Justify the fingerprints and criminal records exams. The Codes are attached at the bottom of this article: Business and Professions Codes: Section 2708.1, 2715, 2761(a)(4), 2761(f), 2811. Penal Code 11105(b)(10). As you may see, not one of these Codes has anything to do with my R.N. License seizure or my security as a person.
So I leave you here. No more can be said. Not nothing more can be done by me.
Catherine E. West, BSN
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONSDIVISION 14. BOARD OF REGISTERED NURSING
§ 1419. Renewal of License.
(a) A renewal application shall be on the form provided by the board, accompanied by the fee specified in Section 1417(a)(3) and required information and filed with the board at its office in Sacramento.
(b) For a license that expires on or after March 1, 2009, as a condition of renewal, an applicant for renewal not previously fingerprinted by the board, or for whom a record of the submission of fingerprints no longer exists, is required to furnish to the Department of Justice, as directed by the board, a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search conducted through the Department of Justice. Failure to submit a full set of fingerprints to the Department of Justice on or before the date required for renewal of a license is grounds for discipline by the board. It shall be certified on the renewal form whether the fingerprints have been submitted. This requirement is waived if the license is renewed in an inactive status, or the licensee is actively serving in the military outside the country.
(c) As a condition of renewal, an applicant for renewal shall disclose on the renewal form whether, since he or she last renewed his or her license, he or she has been convicted of any violation of the law in this or any other state, the United States or its territories, military court, or other country, omitting traffic infractions under $300 not involving alcohol, dangerous drugs, or a controlled substance.
(d) As a condition of renewal, an applicant for renewal shall disclose on the renewal form whether, since he or she last renewed his or her license, he or she has had a license disciplined by a government agency or other disciplinary body. Discipline includes, but is not limited to, suspension, revocation, voluntary surrender, probation, reprimand, or any other restriction on a license held.
(e) Failure to provide all of the information required by this section renders any application for renewal incomplete and not eligible for renewal.
Note: Authority cited: Sections 2708.1, 2715, 2761(a)(4) and 2761(f), Business and Professions Code. Reference: Sections 2715, 2761(f), 2765 and 2811, Business and Professions Code; and Section 11105(b)(10), Penal Code. COPIES ATTACHED
No. 39). For history of former Section 1419, see Registers 64, No. 3, and
27, No. 5.
2. Amendment filed 2-1-96; operative 3-2-96 (Register 96, No. 5).
3. Amendment of section and Note filed 11-24-2008 as an emergency; operative
11-24-2008 (Register 2008, No. 48). A Certificate of Compliance must be
transmitted to OAL by 5-26-2009 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance as to 11-24-2008 order, including further
amendment of section and Note, transmitted to OAL 4-29-2009 and filed 6-2-2009
(Register 2009, No. 23).
5. Editorial correction of subsection (b) (Register 2009, No. 25).
16 CCR § 1419, 16 CA ADC § 1419
1CAC
16 CA ADC § 1419
END OF DOCUMENT
Term 
© 2010 Thomson Reuters/West. No Claim to Orig. U.S. Govt. Works.
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2708.1. Protection of the public shall be the highest priority for
the Board of Registered Nursing in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
2715. The board shall prosecute all persons guilty of violating the provisions of this chapter. Except as provided by Section 159.5, the board, in accordance with the provisions of the Civil Service Law, may employ such personnel as it deems necessary to carry into effect the provisions of this chapter. The board shall have and use a seal bearing the name "Board of Registered Nursing." The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code, such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of this chapter.2761. The board may take disciplinary action against a certified or
(f) Conviction of a felony or of any offense substantially related
licensed nurse or deny an application for a certificate or license for any of the following: (a) Unprofessional conduct, which includes, but is not limited to, the following: (1) Incompetence, or gross negligence in carrying out usual certified or licensed nursing functions. (2) A conviction of practicing medicine without a license in violation of Chapter 5 (commencing with Section 2000), in which event the record of conviction shall be conclusive evidence thereof. (3) The use of advertising relating to nursing which violates Section 17500. (4) Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a health care professional license or certificate by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision or judgment shall be conclusive evidence of that action.
to the qualifications, functions, and duties of a registered nurse,
in which event the record of the conviction shall be conclusive
evidence thereof.
2765. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a registered nurse is deemed to be a conviction within the meaning of this article. The board may order the license or certificate suspended or revoked, or may decline to issue a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
2811. (a) Each person holding a regular renewable license under this chapter, whether in an active or inactive status, shall apply for a renewal of his license and pay the biennial renewal fee required by this chapter each two years on or before the last day of the month following the month in which his birthday occurs, beginning with the second birthday following the date on which the license was issued, whereupon the board shall renew the license. (b) Each such license not renewed in accordance with this section shall expire but may within a period of eight years thereafter be reinstated upon payment of the biennial renewal fee and penalty fee required by this chapter and upon submission of such proof of the applicant's qualifications as may be required by the board, except that during such eight-year period no examination shall be required as a condition for the reinstatement of any such expired license which has lapsed solely by reason of nonpayment of the renewal fee. After the expiration of such eight-year period the board may require as a condition of reinstatement that the applicant pass such examination as it deems necessary to determine his present fitness to resume the practice of professional nursing. (c) A license in an inactive status may be restored to an active status if the licensee meets the continuing education standards of Section 2811.5.California Penal Code11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information. (2) As used in this section: (A) "State summary criminal history information" means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, date of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (B) "State summary criminal history information" does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice. (b) The Attorney General shall furnish state summary criminal history information to any of the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) The courts of the state. (2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31. (3) District attorneys of the state. (4) Prosecuting city attorneys of any city within the state. (5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code. (6) Probation officers of the state. (7) Parole officers of the state. (8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. (9) A public defender or attorney of record when representing a person in a criminal case, or parole revocation or revocation extension proceeding, and if authorized access by statutory or decisional law. (10) Any agency, officer, or official of the state if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
Sorry, but no matter hard I try different things, Blog will not 'Format' paragraphs so this is taking twice the space it should - it's a machine, what do you expect? Someday, that software writers would recognize the machine's limits and assets!!!
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