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SULLA v. BOARD OF REGISTERED NURSING

No. A132699.

ANUNCIO L. SULLA, JR., Plaintiff and Respondent, v. BOARD OF REGISTERED NURSING, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

Publish order May 8, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris, Attorney General, Alfredo Terrazas, Senior Assistant Attorney General, Frank H. Pacoe, Supervising Deputy Attorney General, and Jonathan D. Cooper, Deputy Attorney General, for Defendant and Appellant.,

Slote & Links, Adam G. Slote and Robert D. Links, for Plaintiff and Respondent.

CERTIFIED FOR PUBLICATION

NEEDHAM, J.

Unprofessional conduct that is used as a basis for revoking or suspending a professional license must demonstrate an unfitness to practice that profession if the disciplinary action is to comport with due process. Business and Professions Code section 2762, in subdivisions (b) and (c),1 provides that a licensed nurse engages in unprofessional conduct when he or she uses alcoholic beverages...

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