Nursing Student Unlawfully Removed from School - page 6

hello, i am or i was a nursing student until i was removed pending an appeal because i have a medical condition that requires i take a medication that is screened for in a random drug screen. i... Read More

  1. by   abnurse
    Rob,

    I truly know where you are at as I too have been through the prescribed nacrcotic mess and nursing school. My school tried to remove me, get me to take a year off, and then fail me. They could do none of the above as my GPA was too high, I was too stubborn and my doctors wrote letters stating that I needed the medication and the meds did not impair my ability to function. I did agree to sign a contract with the school that on clinical days I would not take narcotics due to the legal implications it may cause for the school, the facilities and the nurses I was precepting with.

    It was very difficult as I also had 14 surgeries while in school and missed 1 clinical day and 3 class days. The school tried to take 10 points off my final clinical grade my junior second semester and I filed a grievance on the grounds that "pain is subjective and the nursing instructor had taken my pain and made it objective". I won 8 points back and still kept an A.

    Fight for what is right. I did but I also was willing to to make concessions. I graduated with my BSN and have been working as an ER nurse for 2 1/2 years now. I am on major pain meds still but refuse to take them on the days I work, my patient's lives are too important for me to make a mistake with.

    Best of luck to you!
  2. by   hbncns35
    Yes to the poster asking about NCLEX extra time allowed.
    (tweetiepieRN)

    When you apply to the BON in your state, there is a section that you fill out that asks if you were approved extra time in nursing school.

    And as far as I know just because you have more time in school with tests or the Nclex does NOT mean you react at a slower pace on the floor. At school it is learning time. If you have dyslexia or bipolar disorder it does not mean you will be on a different level. Capabilities and Abilities are different than the learning process. Once someone acheives in the learning process and learns concepts, they use that knowledge to apply to the job.
    They are not incompetent or slow, please don't confuse the issue with characteristics and abilities. I don't see anything wrong with using your disability to fine tune your abilities by asking for more time on the tests. Don't knock your fellow nurses with disabilites, you might just learn something from them that you never knew before. And also on the floor you always help each other out, some things you know and some things you don't. Don't ever put yourself in a position where you think you know more than someone else. You will always be shown differently. People who think they know more than others will always be shown otherwise because there will always be somebody that can put you in your place. Better to have an attitude of I know some things, but not all things and I am always willing to know more and improve myself in the process. That way you remain humble,realistic and flexible. Get used to people with disabilities working with you - they aren't going away. Teaches tolerance and acceptance.
    HB06
    Last edit by hbncns35 on Dec 8, '05
  3. by   RobInAlabama
    Wow,

    This is for all that have learning disabilities. Does anyone know any famous people who had dyslexia? http://www.dyslexia.com/qafame.htm Albert Einstine, Thomas Edison, Thomas Jefferson, John F. Kennedy, Woodrow Wilson, George Washington, Jay Leno just to name a few.

    My daughter has dyslexia also, and so bad she has trouble talking some times, she has been told she is too slow to ever hold down a job. Her Mom has a Petting farm with over 450 animals and I have seen her look down in the pasture and see a horse or goat or sheep ect. and say there is something wrong and go get the animal and put her hands on the animal and look at its feet and ears and eyes tap on its belly look in its mouth (remind you of something) and know what to do and what kind of medication and I have seen her go and make up a shot and give it to the animal. She has no formal training. I saw her do this when she was only 15.

    I learned to fly an airplane. I worked on planes in flight. Yet you say I could not work in a hospital during a life emergency.

    I have seen so many students with learning disabilities feel like giving up and I will always get after them to prove everybody wrong. And usually they do. It never hurts to give anyone a chance to learn. Even if they seem slow. Some of the best students have some problem.

    Rob
  4. by   genhen
    i found your story fascinating. i read the whole thread. i'm a recovering drug addict who has been clean for 13 years. i am currently almost finished with my first semester of an rn program. i too had to take a drug test. i found pain management a low priority in clinical in the floor that i was at. it is supposed to be a 5th vital. i could go on with different stories about this. i find it fascinating that your nursing school knew about your pain med prescription and choose not to take a more positive path. they could have contacted your doctor and conferred with him. to tell him that you are a student nurse and is their a problem with that? in addition, to get information about this situation from the alabama board of nursing.

    i am from california and i looked up this issue from the nurse practice act from my state. here it is.


    2762. drug-related transgressions (return to table of contents)

    in addition to other acts constituting unprofessional conduct within the meaning of this chapter it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to himself or herself, or furnish or administer to another, any controlled substance as defined in division 10 (commencing with section 11000) of the health and safety code or any dangerous drug or dangerous device as defined in section 4022. (b) use any controlled substance as defined in division 10 (commencing with section 11000) of the health and safety code, or any dangerous drug or dangerous device as defined in section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public or to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license.

    i got the above information from the california board of nursing website. check out alabama's, they probably have a copy of the nurse practice acts for your state.

    you were given a prescription by a physician.
    you were cleared by that same physician to perform duties as a nurse.

    don't let "the man" take you down. i believe that you will be an awesome nurse.


    peace
    genhen
  5. by   nurse4theplanet
    Quote from genhen
    i found your story fascinating. i read the whole thread. i'm a recovering drug addict who has been clean for 13 years. i am currently almost finished with my first semester of an rn program. i too had to take a drug test. i found pain management a low priority in clinical in the floor that i was at. it is supposed to be a 5th vital. i could go on with different stories about this. i find it fascinating that your nursing school knew about your pain med prescription and choose not to take a more positive path. they could have contacted your doctor and conferred with him. to tell him that you are a student nurse and is their a problem with that? in addition, to get information about this situation from the alabama board of nursing.

    i am from california and i looked up this issue from the nurse practice act from my state. here it is.


    2762. drug-related transgressions (return to table of contents)

    in addition to other acts constituting unprofessional conduct within the meaning of this chapter it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) obtain or possess in violation of law, or prescribe, or except as directed by a licensed physician and surgeon, dentist, or podiatrist administer to himself or herself, or furnish or administer to another, any controlled substance as defined in division 10 (commencing with section 11000) of the health and safety code or any dangerous drug or dangerous device as defined in section 4022. (b) use any controlled substance as defined in division 10 (commencing with section 11000) of the health and safety code, or any dangerous drug or dangerous device as defined in section 4022, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public or to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license.

    i got the above information from the california board of nursing website. check out alabama's, they probably have a copy of the nurse practice acts for your state.

    you were given a prescription by a physician.
    you were cleared by that same physician to perform duties as a nurse.

    don't let "the man" take you down. i believe that you will be an awesome nurse.


    peace
    genhen
    does a nurse practice act include students who are entering a nursing program or only nurses who have already obtained a license?
  6. by   TweetiePieRN
    My original post: Does the NCLEX give extra time? I honestly don't know this answer...anybody? I always wondered why, because of a disability, you would get extra time on a test. Here is why I wonder: When I am on the floor and there is a major situation going on...I don't get extra time to act fast. I am not trying to sound rude at all...Just wondering what the rationale for extra time is.

    Quote from hbncns35
    They are not incompetent or slow, please don't confuse the issue with characteristics and abilities. I don't see anything wrong with using your disability to fine tune your abilities by asking for more time on the tests.
    I'm sorry, but I don't recall saying that anyone is incompetent just because they need more time on the NCLEX. I was asking an honest question.


    Quote from hbncns35
    Don't knock your fellow nurses with disabilites, you might just learn something from them that you never knew before. And also on the floor you always help each other out, some things you know and some things you don't. Don't ever put yourself in a position where you think you know more than someone else. You will always be shown differently. People who think they know more than others will always be shown otherwise because there will always be somebody that can put you in your place. Better to have an attitude of I know some things, but not all things and I am always willing to know more and improve myself in the process. That way you remain humble,realistic and flexible. Get used to people with disabilities working with you - they aren't going away. Teaches tolerance and acceptance.
    HB06
    I hope you weren't directing this last part to me. I was asking an honest question. I never knocked a fellow nurse with a disability, I never put myself in a position of thinking I know more. How did you get that impression from a few sentences I wrote? I am not concerned with nurse's with disabilities going away. I also don't recall ever having said or implied that. Maybe I am jumping the gun by responding to this part of your post...maybe it was not directed at me.

    Regarding tolerance and acceptance= I live in California, where diversity is celebrated and always, always around in your face if you are looking for it or not. It's what this state prides itself on and I don't have a problem with it in the least.
  7. by   TweetiePieRN
    Quote from asoldierswife05
    does a nurse practice act include students who are entering a nursing program or only nurses who have already obtained a license?
    Our nurse practice act has information on student nurses too. Check out your state's BON website and they should have something regarding this.
  8. by   nurse4theplanet
    Quote from TweetiePieRN
    Our nurse practice act has information on student nurses too. Check out your state's BON website and they should have something regarding this.
    the only info I found were vague regulations for the school being recognized by the board and for the student's scope of practice...but nothing pertaining to the policies pertinent to what has been posted in this thread. Most of the info is worded for licensed nurses and not nursing students. So does this mean that the school is the ultimate deciding body on who can enter into the practice of nursing?
  9. by   button2cute
    Hello, Everyone

    I thought or read and maybe my dyslexia is acting up this am. The OP was expell from school due to the chronic use of an opiate. Now, the OP is including dyslexia and something else. I do not get it. Was this person dismiss due to the opiates or all oabove? If all above, then the school would be in violations of the ADA and Federal Law. I believe that I am correct on the ruling.

    I fought for my rights as learning disability student to take the nclex in the appropriate time as well as the location. I was suppose to sit for the test June and was not permited due to the NCLEX. The NCLEX wanted a lot of paper work (which they received in January, for me to pay my expenses to fly to other testing sites for my accommendations, and last did not want to reimburse my traveling expenses. The NCLEX were notified prior to my graduation In January of my disablities as well as accommendations. My school instructors and myself called the ADA and then a lawyer. The ADA stepped into the conflict and the issue was resolved. I had to take the test at the testing site near my school, my accommenations were met and it was a beautiful day. It took me a total of 83 questions in 1 hour and I passed.

    Now, I fought the NCLEX due to travel expenses and not providing a site in my area to meet my accommendations. It was a struggles between NCLEX and studying, I could not fail because I did not want the NCLEX to say...look she failed anyways and all the accommendations prove the student could not pass. It was my feelings and I busted butt. Therefore, I used the resources and had the school helped me.

    In addition, I should say college. The college I attended never had a nursing student with a learning disabilities. The school of nursing in the beginning was bucking the system and a meeting was held with the learning diability office. The nursing instructor thought I could not learn due to my disabilities. They did not understand and I had to teach them about disablities. The instructors did not want to provide tutoring, allow tape recorders, extra time and etc. Then the ADA came to the school and did a presentation to them as well as the students. The instructors comply with the ADA. The tutroing was provided for all students and we all attened every session. It started out with two and then 3 weeks later the whole class attended. We all did well and I graduated with 3.56 GPA. Therefore, The instructors were impressed by my accelerations in the classes and the other students.

    So, I am saying that OP should use the resources to his advantage. Regardless, how I feel about his post because it is not about me. It is about him and his issues (now). However, I would be careful for alleging what another party says to other people because everyone has their side and we have not heard the school side. We do not know if the violated the ADA and the federal government at all. Therefore, there is two sides to each coin last time I checked.

    We do not know what was really the issue the opiates or the dyslexia or both. We do not know the school side at all. We only know what the original poster alleges. In the court of law, everyone is innocent until proven guilty and the OP & the College or University are innocent.

    There is my opinion and I am sticking too it.
    Confused Buttons.
  10. by   nurse4theplanet
    Quote from button2cute
    Hello, Everyone

    I thought or read and maybe my dyslexia is acting up this am. The OP was expell from school due to the chronic use of an opiate. Now, the OP is including dyslexia and something else. I do not get it. Was this person dismiss due to the opiates or all oabove? If all above, then the school would be in violations of the ADA and Federal Law. I believe that I am correct on the ruling.

    I fought for my rights as learning disability student to take the nclex in the appropriate time as well as the location. I was suppose to sit for the test June and was not permited due to the NCLEX. The NCLEX wanted a lot of paper work (which they received in January, for me to pay my expenses to fly to other testing sites for my accommendations, and last did not want to reimburse my traveling expenses. The NCLEX were notified prior to my graduation In January of my disablities as well as accommendations. My school instructors and myself called the ADA and then a lawyer. The ADA stepped into the conflict and the issue was resolved. I had to take the test at the testing site near my school, my accommenations were met and it was a beautiful day. It took me a total of 83 questions in 1 hour and I passed.

    Now, I fought the NCLEX due to travel expenses and not providing a site in my area to meet my accommendations. It was a struggles between NCLEX and studying, I could not fail because I did not want the NCLEX to say...look she failed anyways and all the accommendations prove the student could not pass. It was my feelings and I busted butt. Therefore, I used the resources and had the school helped me.

    In addition, I should say college. The college I attended never had a nursing student with a learning disabilities. The school of nursing in the beginning was bucking the system and a meeting was held with the learning diability office. The nursing instructor thought I could not learn due to my disabilities. They did not understand and I had to teach them about disablities. The instructors did not want to provide tutoring, allow tape recorders, extra time and etc. Then the ADA came to the school and did a presentation to them as well as the students. The instructors comply with the ADA. The tutroing was provided for all students and we all attened every session. It started out with two and then 3 weeks later the whole class attended. We all did well and I graduated with 3.56 GPA. Therefore, The instructors were impressed by my accelerations in the classes and the other students.

    So, I am saying that OP should use the resources to his advantage. Regardless, how I feel about his post because it is not about me. It is about him and his issues (now). However, I would be careful for alleging what another party says to other people because everyone has their side and we have not heard the school side. We do not know if the violated the ADA and the federal government at all. Therefore, there is two sides to each coin last time I checked.

    We do not know what was really the issue the opiates or the dyslexia or both. We do not know the school side at all. We only know what the original poster alleges. In the court of law, everyone is innocent until proven guilty and the OP & the College or University are innocent.

    There is my opinion and I am sticking too it.
    Confused Buttons.
    That is exactly why the OP should follow his institution's greivence process and then seek legal advice if he is not successful. This is truly a sticky situation which involves a multitude of variables that need to be analyzed from a legal perspective.
  11. by   hbncns35
    Hey Tweetie and others,

    Your post triggered my response. I am glad you cleared your part up but realize there are many others who choose to view people with disabilities as being incompetent. You may not be one of them but I was directing my post in general using your comments as I may have misunderstood them to acknowledge a general issue. Whether or not you feel that you belong with that group, that side of the issue still needed to be explored. Glad you have an open mind, we need more of you to spread the word about the difference between disabilities, capabilities and abilities. Thanks for your response. HB
  12. by   TweetiePieRN
    Quote from hbncns35
    Hey Tweetie and others,

    Your post triggered my response. I am glad you cleared your part up but realize there are many others who choose to view people with disabilities as being incompetent. You may not be one of them but I was directing my post in general using your comments as I may have misunderstood them to acknowledge a general issue. Whether or not you feel that you belong with that group, that side of the issue still needed to be explored. Glad you have an open mind, we need more of you to spread the word about the difference between disabilities, capabilities and abilities. Thanks for your response. HB
    Thanx for the clarification!
  13. by   rpn1
    What about people who are functional on methadone? What about people from all walks of life struggling emotionally/mentally with there lives who don't want to give up. I know of healthcare workers who are challenged by chronic emotional/mental feelings who charge on and don't give up. Should only emotionally balanced people be healthcare workers? Who is balanced? Don't we all have propensities to be a little off...some are too aggressive, some are too manipulative, some are I think those who suffer can offer deeper insights, compassion, and tolerance. You should lobby for your rights to help not just yourself but all others who suffer like you and are afraid to come forward. Nursing of all professions should be more compassionate, tolerant, and accommodating. If we reject our own on this basis, how can we encourage patients to go forward, go back to school, or seek employment.
    I'm sorry that there is so little tolerance for you in the system...I hope you can find the courage to stand-up for yourself and to change the short-sightedness of those making these decisions.

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