SACRAMENTO — The Nurse Practice Committee of the California Board of Registered Nursing voted Jan. 22 to authorize staff to pursue legislation that would require courts to notify a licensee’s professional licensing board when a petitioner seeks relief under Penal Code §236.15 and the underlying conviction is substantially related to the person’s professional practice.

The proposal, presented by BRN staff member Marissa, responds to a recent case in which a licensee’s conviction was vacated under AB 124 without the board receiving notice, preventing the board from using the conviction in its pending administrative discipline. Marissa told the committee the board’s proposal would not change the court’s ability to grant relief but would ensure licensing bodies have the opportunity to provide input before a trial court rules.

“Once the final decision is made, everything else would be the same,” Marissa said. “We are not looking to change that, and, we just want to be able to provide some input on the front end if deemed, in the area of public protection.”

The proposed amendment would require a petitioner to give notice of a §236.15 petition to the petitioner’s licensing body only if the conviction is substantially related to the licensee’s professional practice, the packet language notes (see pages 13–16 of the committee materials). The committee heard a case example in which a licensee convicted of possessing child pornography petitioned to vacate the conviction while an administrative accusation was pending; the trial court granted the petition and sealed the record, which removed that conviction as evidence in the board’s administrative proceeding.

Committee Chair Nilu Patel moved the recommendation that, if approved by the full board, staff be authorized to work with the bill’s author and pursue legislation; Jovita Dominguez seconded. The committee voted by roll call: Nilu Patel, yes; Jovita Dominguez, yes; Vicki Granowitz, yes. The motion passed unanimously. The committee’s action is a recommendation that will be forwarded to the full Board of Registered Nursing for consideration at its next regular meeting.

BRN Executive Officer Loretta Melby clarified that the change sought is procedural: to provide licensing boards notice and an opportunity to be heard before a court decides whether to vacate a conviction under §236.15. Marissa said the board worked with the Attorney General’s Office on the draft language and has identified an author willing to carry the bill.

No changes to the substance of AB 124 or the post-vacatur effect (destruction and sealing of records) are proposed; the amendment addresses notice only. The committee did not vote on any specific statutory text beyond authorizing staff to proceed with the bill and work with the author’s office on language during the legislative session.

The committee packet indicates the language under consideration is on pages 13–16 and that staff will return to the board with draft bill language and recommendations. If the board approves the recommendation, staff will work with the author’s office and bring subsequent drafts and updates to the board during the legislative session.