Voluntary surrender of LPN license vs. suspension/revocation by Arkansas State Board

  1. I am currently involved in a bad situation and could use some professional advice. I was formerly employed by a LTC facility in Arkansas and was subsequently terminated for "sleeping on the job" when in fact, I was not asleep. On the night in question, I had came to work with a severe headache and had my eyes closed for a few minutes because I felt so ill. Subsequently, the Arkansas State Board of Nursing did an investigation, etc., wanted me to appear before the Board. This was impossible because I had relocated to TX. Anyway, we set up a conference call where I found out that the LTC administrator had sent them a SIGNED statement that I had admitted being asleep. The board said they didn't care that I said that I had never admitted to sleeping on the job. The only thing they said is that it was poor judgment on my part by coming to work in the first place. I was given the option to enter into an agreement of some sorts with them, but to do that I would have to agree to everything that I was accused of regardless of whether it was true or not. I was given the option to voluntarily surrender my license. They told me that they had plenty of people that would testify against me at a state board hearing regardless of whether I showed up or not. They said that more than likely the board would suspend or revoke my license anyway.

    Can anyone give me some advice?
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  2. 11 Comments

  3. by   itsme
    Did you sign this statement or was it falsely signed? What all are they accusing you of? And why would so many people want to testify against you? Sounds like something isnt quite right there, I would ask the people in the legal nursing section of this BB. good luck to you, hang in there!!
  4. by   elkpark
    If you have your own liability insurance, the insurance company will provide you with legal representation. If you don't, you are probably best off talking to an attorney who has experience dealing with the Arkansas BON. I'm not sure how helpful "advice" you might get from a bulletin board like this may be when your license is at stake. Best wishes --
  5. by   P_RN
    I agree with elpark. You need qualified legal advice. You need to know if your Texas license is dependent upon keeping a valid Arkansas license. Revocation or voluntary surrender may ban you from ever working as a nurse again. You need to know what information/evidence the BON has eg: WHO signed the statement. Check with your insurance carrier about an attorney. This situation is complicated, and your livelihood can depend on the outcome.
  6. by   mscsrjhm
    Born and raised in "arkanhell". I would definitely get a lawyer. Wouldn't trust the arkanhell bon.

    Never had any complaints myself, but did call in a complaint of nurse throwing away 32 identifiable tablets. (there were quite a few that had been crushed and put in pudding-also trashed. three staff found them in the trash, along with enough evidence of the date-we watched her throw the trash away). DON did nothing, nurse was still there 2 weeks later.
    I, and others called the bon and hotline. NOTHING. called again. still nothing. the bon told me, and the others, to leave it to the DON, when we informed them that nothing was being done, and I volunteered to send all documents (signed and dated statements from all witnesses) they said no.
    Later received a call from the DON who told me that she was getting calls from people in the community, and that I needed to keep my mouth shut. I told her to kiss my ...
    This RN had just finished her neonatal intensivive care training!!!!!

    Get a lawyer, get 'em.
    Many nurses close their eyes for a few minutes. Doesn't mean they are sleeping.
  7. by   Todd SPN
    Administrative hearings like you are going through are the worse and never impartial. They have already stated the outcome to you before ever hearing your side. You need to get an attorney that has dealt with them before and has some of idea of their so called "rules." And don't be surprised if they use something you said in the phone conference against you. Sometimes that is considered the hearing. They sent you paperwork before setting up the conference call. Read it and see if it says something about it being the hearing. It may be to late for an attorney to defend you. What may have been said in the conference call is you can surrender you license or we are going to suspend it.
  8. by   RN92
    Todd - thank you for being such a great pt advocate. I wouldnt want that nurse caring for my sick baby. I think we should all report serious neglect/or poor nursing care!! We (nurses) have a responsibility to hold each other accountable for our actions/decision/nursing care. We have standards to keep. However, resting your head and eyes (if its a rare occassion) because you have a headache is not a reason to take someones license. Blue butterfly, had you told anyone that your head was hurting and you were going to close your eyes for a moment? Had you asked anyone to "watch" your pts for you? I realize it was a ltc and there probably wasnt a lot going on. Its never too late to get a lawyer. Stop talking to the board or other employees all togethether unless you have a lawyer present. You probably shouldnt even be posting this on a website. You have said where you work and what happened - it wouldnt be that hard for people involved to figure out who you are. Im sure they cant take away your license for lying your head down once- now, if you had gotten into a habit of doing this, alot.... thats a WHOLE other ball of wax.. Good luck and let us know how it all ends.
  9. by   blue_butterfly87
    [font=Comic Sans MS]Did I mention that the Arkansas State Board of Nursing expects a decision by tomorrow as to which option I choose (voluntary surrender or board hearing)?
  10. by   CHATSDALE
    Tell Them That You Expect (demand) A Hearing...a Lot Of Time This Is About Scaring The Daylights Out Of You So That You Go Away And They Don't Have To Deal With This Anymore....who Was There That Can Testifiy Against You...exactly What Did You Sign...find Out What Their Case Is And The Others Were Right Get A Lawyer
    This Is Something That Will Affect The Rest Of Your Career/ Even If You Have To Borrow Money Or Get Work Out A Payment Plan With Your Lawyer....if You Don't Stand Up For Your Self They Will Walk All Over You
  11. by   BRANDY LPN
    To the OP, PM me I have a little experience with the BON and can give you the names of a couple RN JDs.
  12. by   txspadequeenRN
    Just for sleeping on the Job/eyes closed whatever .I find that a little extreme. I know several nurses who have fallen asleep and just get a slap on the hand. Did something happen to one of the patients while this was going on?
  13. by   zacarias
    Quote from txspadequeen921
    Just for sleeping on the Job/eyes closed whatever .I find that a little extreme. I know several nurses who have fallen asleep and just get a slap on the hand. Did something happen to one of the patients while this was going on?

    Really extreme. I mean at my magnet hospital, a seasoned nurse helped another seasoned nurse lie in the report room and and sleep for 15 minutes. They turned off the lights and we didn't disturb her. This was at night and her patients' lights were being watched by another nurse.
    I would never be so bold as to sleep at work but that's just me.

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