Moustafa v. Bd. of Registered Nursing (Dec. 10, 2018, No. A150266) ___ Cal.App.5th ___ [2018 WL 6444019]
Radwa Mohamed Moustafa applied to become a registered nurse. She disclosed on her application to the California Board of Registered Nursing that she had four misdemeanor convictions previously dismissed under Penal Code section 1203.4 upon completion of probation. The Board granted her only a probationary license. Moustafa petitioned the trial court for a writ of administrative mandate to remove that restriction on her license. The trial court granted the petition, ruling that the probationary license violated Business and Professions Code section 480(c)’s prohibition against denying or restricting a license based on convictions dismissed under Penal Code section 1203.4.
The Court of Appeal reversed, holding that even if section 480(c) prohibited restricting a license based on a dismissed conviction, the Board could still restrict a license based on the conduct underlying the conviction. (The court noted a recent amendment to section 480(c) that prohibits the Board from relying on underlying conduct as well, but explained that the amendment won’t take effect until 2020.) The court explained that probationary licenses are appropriate where the applicant’s conduct was “unprofessional” and “substantially related to the practice of nursing.” Because Moustafa’s recent convictions involved shoplifting, the court held the standard was satisfied: “nurses hold positions of extreme trust and have access to the property of others.”
Prepared by H. Thomas Watson and Peder K. Batalden, Horvitz & Levy, LLP
California Society for Healthcare Attorneys
1215 K Street, Suite 800
Sacramento, CA 95814
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