Down and Dirty In The Oklahoma State Board of Nursing

Nurses General Nursing

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Imagine someone who has worked all his adult life in healthcare, an orderlie in high school, EMT, a paramedic supervisor 8 yrs, and RN 17yrs ( ER charge, ICU charge, specializing in open heart recovery & intrathoracic surgical care ), never had a single infraction pertaining to his career nor his personal life, other than a speeding ticket, then after several familly tragedies, he succumbs to Lortab addiction, pleads no contest to a single count prescription alteration charge, reports this to the oklahoma state board of nursing, enters 34 day rehab, lives clean and sober with random drug screening for 1yr, then is reliscensed and placed in PEER assistance for chemically dependant nurses, obtains a job in a surgical ICU open heart recovery, does everything the board tells him to do for 6 months, then one day he is terminated from his job due to his name being submitted to the Office Of Inspector Genreals exclusion list, meaning he can't work for a medicare or medicaid funded facility, now he is back out on the street with no other job experience to fall back on and can't wait tables to pay his 791.00 dollar a month child support, plus a felony on his record. Well this is real, this is me. To begin with the Oklahoma State Board did not advise me they had turned me over to the OIG, nor did the OIG contact me, thus denying me my 8th amendment right to Due Process and any appeal was out of time. This is Double Jeopardy, I'm being punished twice for the same offense, not to mention the two years of low wage jobs during the state boards denial of my license. I contacted several other state Board of nursing and was told they do not keep a person from being licensed after they completed rehab, that is what the dependant nurse assistance programs are for, this was a purposely wanton indifference not only to my pain and suffering but added more missery into the lives of my children. I was told I was huberus by one state board official. It is senseless, that when a person lives his whole life saving the lives of others, that after 2yrs of battling back form lotab addiction and getting my life back, that the Oklahoma State Board would choose to end my career. I know of several other nurses with felony convictions, related to drug diversion at work and charged at a later date than mine, that aren't on the Office of Inspector Genreal exclusion list, this is a good ole boy state, it's not what you know, but who you know. also worth noting, I was charged in another state while working there and never was I reported to that state board nor was my job ever put in jeopardy. Not until I came to oklahoma after being honest and forthright with the Oklahoma State Board was my job placed in jeopardy and my career ultimately ended, for what, I only hurt myself, my children were always taken care of, and what is sad, I did everything they told me to do and I corrected my problem and they still took everything away from me that I had worked all of my life for. I have been in charge positions all of my career and in a movie Rise and Walk the Dennis Byrd story, so I know I fit the part of a good nurse. If anyone has any advice as to what state would be more understanding please contact me. Update: my attorney emailed me and she now is recovering from cervical CA, she is also an RN, she has done so much for me, pro bono, I now will have to do most of the legal work on my own, although she said for me to email or call her with any questions, she's great, I now am a sales associate for a national chain of retail stores, while I'm working on getting my license back.

Thank you jfor your reply and kind words. :)
question. Is the OIG the same as a a list coming back from a background check? Im confused because in my state RI, if you expunge a record and you have to wait 10 yrs or more to expunge for a felony, You do not have to list it as your a felon. sometimes it takes a fall like this to wake us up amd realize how serious addiction can be. Dont let others downgrade you with their words. It is a disease and we do pay for our actions and Im sure you paid enough. Everyone has skeltons in their closet. Some more than others Donna

Yes the OIG is different. I is a list of all felons in the US, originally the healthcare entity was made to include Physicians for medicare/medicaid fraud, since the ANA has adopted a policy to include all healthcare idividuals, it is not a part of a basic background check, the OIG exclusion list has to be specifically accessed, since my felony was a deferred sentnece, and I was only placed on probation, this meant my conviction was not complete, if a deferred sentence is completed with probation, the indidvidual can petition back in the court for an expungment at the end of a successfull completion of a probationary period, I think what you are referring to is the 10 yr period after a felony convicton is completed that that particular felony cannot be used as an afterformer to enhance any crime commited after the 10yr period, and you are right after ten years wheather you have expunged a charge or completed the terms of the judgment and sentence, you don't have to expose any charges, I hope my experience doesn't scare anyone, but I feel people need to know these things in order to protect their careers. I hope this is helpfull. Once again thank you.:) OTE=donnar232]question. Is the OIG the same as a a list coming back from a background check? Im confused because in my state RI, if you expunge a record and you have to wait 10 yrs or more to expunge for a felony, You do not have to list it as your a felon. sometimes it takes a fall like this to wake us up amd realize how serious addiction can be. Dont let others downgrade you with their words. It is a disease and we do pay for our actions and Im sure you paid enough. Everyone has skeltons in their closet. Some more than others Donna

Hi, Sleepless. I just wanted to give a word of encouragement. I am also in a peer assistance program for drug addiction in the state of Florida. I've got three years in the program this August. Our program is five years and has been a life saver for me. I became addicted to morphine after the death of my 17 year old daughter to a drunk driver. I turned myself in after waking up on the floor one morning and not knowing how I got there. Meeting all the requirements that are put on you isn't easy. The time and money involved can be daunting, but it's doable. After a while it gets to be second nature and just another part of life.....at least for me. Yeah, I resent having to pay that $35.00 every time I have to drop a UDS, but I always feel like a million bucks when I leave the lab knowing I'm clean. Like you, I was a critical care nurse for many years before this hit me. I ended up in LTC, thinking I was at the bottom of the barrel. Now I love it. Fortunately, I turned myself in before I was ever busted....it was just a matter of time....so my name is not on the OIG list. I think someone already posted the addy to the site to petition to get your name off the list. Several of the nurses in my group have done this and been successful. As you know, it is a federal list and will follow you where ever you go. I'm not sure about your nursing license and if that will hinder you in another state. I know in Florida, one must report any sanctions or restrictions from another state when applying for a license here. If I'm correct, Oklahoma will have already reported you to all other states....not sure. I think your best bet would be to first apply to have your name lifted from the OIG list and go from there. That list has screwed a lot of good nurses. Most of all, Sleepless, I want to tell you to hold your head high. You have done everything you can to get yourself well and you deserve a second chance. Unfortunately, a lot of nurses are still in the dark ages when it comes to addiction. Those of us that have been there and done that understand. You sound like a good nurse with a good work experience and I, for one, am pulling for you. Keep us posted! :)

Hello Sleepless ~ I sent you a private message regarding the OIG, along with a website where you might find some answers.

Specializes in ER.
Sorry but I am not falling for the poor me defense, YOU decided to take the Lortabs and brought about the problems on yourself now you want to point the blame at the State Board of Nursing. No pal, you were/are a addict and the BON has a obligation to keep unsafe nurses from harming patients, perhaps you did not harm a patient but we only know your side. If you are clean and sober and went through rehab then perhaps another State would welcome you. People must be held accountable for their own actions and not blame others, work hard to rectify the situation and move on with their lives. Good luck to you.

It's always interesting to still see the attitude some nurses have about this. For crying out loud, he's paid his dues, is in active recovery, and is trying to become a productive member of society again. I suppose that the lack of forgiveness/understanding has an underlying cause for you, Badbird, something I can only speculate on. The OIG exclusion list, by the way, doesn't prevent him from working altogether, only in a facility that obtains ANY of it's funding from a medicare/medicaid based program. Well, that's about 98% of all healthcare positions. Now, here's the catch, Badbird- I would hazard a guess that you yourself are working right alongside a current &/or former drug diverter. They won't talk about it because of your attitude. They won't seek help, because of your permeating brimstone & hailfire attitude. Hopefully, someone with compassion will be there for them, or indeed, they will end up hurting or killing someone- THEMSELVES.

Here's a chance to educate yourself a little bit about what WE'RE REALLY LIKE, us terrible drug diverting nurses. Sorry, I don't feel the guilt that you'd like me too. Not anymore, as indeed, I have worked hard to rectify the situation, have paid my dues by being unemployed and homeless while my license was inactive, and still managed to avoid using. Granted, I was extremely lucky in that I had an employer with advanced thinking in this arena- one who didn't feel that by turning me into the DEA or county prosecutor for theft would be any better, for any of us, than simply turning me in ot the BON. Which in my state, thankfully, they also seem to be in an enlightened and progressive mode of thinking. The OIG is meant to monitor those who committ serious, heinous fraud- and I'm sorry, but altering a scrip for some vicodin is trivial. Now if the guy had altered thousands of scrips, or stolen money from these programs that prevented someone else from getting their meds, I might see it. If he was a corporation who overcharged willingly & negligently, sure. If he were a pharmacist who was handing out placebos to all of his medicare/medicaid clients, again, no problem. This is a case of simply being made an example of. It happens every day, in every state. And trust me, people- nurses, are getting hurt by it. It's so obviously double jeapordy- punished by the BON, and usually, much later down the road, the OIG/HIPPD shows up and slaps charges on you too, in addition to county/state charges they may have gone through. Usually right around the time the person has a couple of years clean, has done what they needed to, and been working for a few months. What must that feel like? I imagine overwhelmingly they feel like giving up. But thats my talent, I can imagine what it would be like, I do still have empathy and am therefore worthy of practising the art of nursing. Those of you who don't/can't/won't~ well, it's time to consider a career change.

http://www.nursezone.com/Job/MedicalNewsAlerts.asp?articleID=6823

Thank you, I knew there had to be an organization some where to aid in situations such as mine, I worked to hard for my career to have a vicious state agency such as in Oklahoma arbitrarily end it. My violation had nothing to do with my job, I paid for the script, paid for the hydrocodone, all with my own money, on my own time, I have paid for this ten fold, and still paying for it everytime I turn around, since I've fallen behind on child support ( of which the child support agency is still making me pay the same amount of monthly payments, as when I was working an an RN, I now work for 8 dollars an hour, part-time, selling lawn and garden equipment ) and now they have revoked my drivers license, if it were not for familly and friends, I couldn't make it.Once again thank you very much, I'll be contacting you. Sleepless in Norman.

Thank you, I knew there had to be an organization some where to aid in situations such as mine, I worked to hard for my career to have a vicious state agency such as in Oklahoma arbitrarily end it. My violation had nothing to do with my job, I paid for the script, paid for the hydrocodone, all with my own money, on my own time, I have paid for this ten fold, and still paying for it everytime I turn around, since I've fallen behind on child support ( of which the child support agency is still making me pay the same amount of monthly payments, as when I was working an an RN, I now work for 8 dollars an hour, part-time, selling lawn and garden equipment ) and now they have revoked my drivers license, if it were not for familly and friends, I couldn't make it.Once again thank you very much, I'll be contacting you. Sleepless in Norman.

I am soooooo sorry this all happened to you. BoN's are way overpowered. They operate outside the bounds of the law and the Constitution. I always thought that in America the burden of proof was on the accuser and that you were innocent until PROVEN guilty. All it takes to have your life ruined with a BoN is just an accusation.

I would be willing to work with anyone who is serious about reform of how state BoNs work. Right now they are totally outta control.

Love and Peace,

loerith

Specializes in Rodeo Nursing (Neuro).

Just started a smoking cessation class, so I feel some of your pain. Seems like an injustice that one addiction is (was) socially accepted and another makes you a "bad" person--although I'm not saying labelling smokers as "bad" peopple is the answer!

Good luck and congratulations with your rehab, good luck with your re-instatement. God bless you.

Have you looked into working at a rehab facility in the interim? If you feel ready, that seems like it might be tailor-made to someone with your background. Lord knows it's a growing need, though probably underfunded in this climate. Might not pay better than retail, but it seems like it could be more rewarding.

Anyway, thanks for posting, and you're in my prayers, such as they are.

Sorry but I am not falling for the poor me defense, YOU decided to take the Lortabs and brought about the problems on yourself now you want to point the blame at the State Board of Nursing. No pal, you were/are a addict and the BON has a obligation to keep unsafe nurses from harming patients, perhaps you did not harm a patient but we only know your side. If you are clean and sober and went through rehab then perhaps another State would welcome you. People must be held accountable for their own actions and not blame others, work hard to rectify the situation and move on with their lives. Good luck to you.

Drown any puppies this week?

That is an 8 year old post/thread you're responding to ;)

Specializes in Oncology; medical specialty website.
That is an 8 year old post/thread you're responding to ;)

Dang. And I just read the whole way through it. There's fifteen minutes of my life I'll never get back.

That is an 8 year old post/thread you're responding to ;)

Looks like the post (today's date) before mine, got deleted by a mod.

Still, I was not paying attention to the original thread date. Holy thread dredge!

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