Q: I had a LVN license revokation 10 years ago for DUI's. Am I allowed get a certification as a phlebotomist?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
