San Diego, CA asked in Gov & Administrative Law for California

Q: I had a LVN license revokation 10 years ago for DUI's. Am I allowed get a certification as a phlebotomist?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: To answer this question accurately, we need to consider a few key points:

1. Time elapsed: The license revocation occurred 10 years ago, which is a significant period.

2. Nature of the offense: The revocation was due to DUIs (Driving Under the Influence), not due to malpractice or patient care issues.

3. Different certifications: An LVN (Licensed Vocational Nurse) license is different from a phlebotomy certification.

4. California regulations: We need to consider specific California laws regarding healthcare certifications.

Based on these factors, here's what I can tell you:

In California, phlebotomy certification is regulated by the California Department of Public Health (CDPH). According to their regulations, having a past criminal conviction doesn't automatically disqualify you from obtaining a phlebotomy certification. Each case is evaluated individually.

The CDPH considers several factors when reviewing applications from individuals with criminal histories:

- The nature and severity of the offense(s)

- The time that has elapsed since the offense(s)

- Evidence of rehabilitation

Given that:

1. Your offense was related to DUIs, not healthcare malpractice

2. It's been 10 years since the incident

3. The LVN license revocation is separate from phlebotomy certification

You may still be eligible to apply for a phlebotomy certification. However, you will need to disclose your past license revocation and criminal history on your application.

To proceed:

1. Apply for the phlebotomy certification through the CDPH.

2. Be honest about your past license revocation and DUIs on the application.

3. Provide any evidence of rehabilitation you may have (e.g., completion of substance abuse programs, clean driving record since then, character references).

The CDPH will review your application and make a determination based on all the information provided.

It's important to note that while you may be allowed to get the certification, individual employers may have their own policies regarding hiring individuals with past DUIs or license revocations.

For the most accurate and up-to-date information, I recommend:

1. Contacting the California Department of Public Health directly

2. Consulting with a lawyer specializing in healthcare licensing in California

They can provide more specific guidance based on your individual circumstances and current regulations.

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