The Board of Vocational Nursing and Psychiatric Technicians received an enforcement and investigations update Feb. 7 that included a notable precedent decision, an operational change to collect investigative cost recovery and public concerns about naloxone distribution in correctional settings.

Precedent case: Enforcement Division Chief Antoinette Wood reviewed the Aguele decision, in which a licensed vocational nurse who operated a residential care facility for the elderly was found to have violated Department of Social Services (DSS/Community Care Licensing) regulations after a resident death. The board’s enforcement report said the decision held that failure to comply with RCFE (residential care facility for the elderly) regulations — even when the person was acting in a caregiver capacity rather than providing nursing care — can demonstrate unfitness to practice nursing. On that basis the respondent’s LVN license was revoked but the revocation was stayed in favor of probation; the board’s enforcement committee recommended designating the decision as precedent the board may rely on in similar matters.

Cost recovery and investigations: Supervising Special Investigator Stacy Higashi reported the Special Investigations Unit implemented cost‑recovery entries for cases on Jan. 15, 2025. Enforcement staff said the new practice will allow the board to collect investigative cost recovery for cases the special investigators investigate that result in discipline.

Naloxone distribution and liability concerns: During the executive-committee portion of the meeting, a member of the California Association of Psychiatric Technicians (CAPT) raised concerns about corrections healthcare’s decision to offer naloxone broadly to incarcerated individuals and the liability exposure for PTs/LVNs working in those settings. CAPT asked to be included in future conversations with correctional healthcare because members are uncertain whether administering or distributing naloxone would be within their scope of practice or could create exposure to discipline. Executive Officer Yamaguchi said conversations with corrections had been positive and that corrections had opted to make naloxone kits available to inmates; she noted state and federal moves to expand naloxone availability more broadly and said the board will continue the dialogue and consider scope and liability questions.

Ending: The enforcement division closed with a reminder that staff will continue outreach and public education about enforcement processes, and noted that the enforcement committee and board leadership supported increasing communication about licensee responsibilities to reduce enforcement risk.