Anyone ever get their license back after revocation? - page 2

OK, hope I'm doing this right. Now that I have some clean time, I am considering getting my nursing license back. I have no idea how to go about this. I "failed" IPN (FL) in 2002, :dance:-that was... Read More

  1. Visit  gr8fulnrs profile page
    3
    I am an LPN who voluntarily surrendered license 5 years ago because i just couldn't get clean, comprimised patient safety and the whole nine yards. fast foward 5 years later...re-applied for reinstatement (grueling application process) very expensive psych eval, documentation of my inpatient treatment, NA attendance, sponsorship, U/A testing, ect...intense online 6 month LPN refresher course, 120 hr. clinical practicum then finally got my license reinstated...only to find out I was denied fingerprint clearance and am on the OIG exclusion list. Oi-vay! So am in the process now of appealing fingerprint clearnance, and filled out form and mailed off OIG paperwork. The OIG scared the bahgeezers out of me but I'm handling it without a lawyer. just mailed off the paperwork, 120 day response time so we'll see. I'll post an update on that. So what I'm sayin is that yes it is possible to get your license back but remain steadfast and dont be discouraged with all the other little hoops that come with this process. I remain in the spirit of gratitude for my recovery and that I never have to pick up a drink or drug again. that above all is the most important! and no one can ever ever take that away! so good luck and press on!
    Last edit by gr8fulnrs on Mar 31, '09 : Reason: type-os
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  3. Visit  foraneman profile page
    0
    Quote from Not_my_Name
    I am also in the process of trying to have my RN license reinstated (in Connecticut-revoked 12/2003 r/t EOTH). I appreciate advice such as mmmphreak72's about retaining a lawyer and seeking peer assistance groups, however...

    Ever try paying a lawyer when you're nearly unemployable? The OIG exclusion is draconian. I was never even accused of any crime and I am excluded from more routes of employment than a convicted felon, with the state BON holding the only keys.

    Peer support groups...
    In Connecticut they are nearly non-existent and I have never gotten anything useful from attending any of them that I was able to locate. Anyone I approached for advice was so terrified of the BON that their responses were all variations on "Abandon All Hope, Ye Who Enter Here."

    I have since moved to Massachusetts. I am dealing with the CT BON from here. After several years of false recoveries and relapses, I came to the Veterans Administration in Mass. I live in and now manage sober housing here and have been continuously sober since 10-17-07. I have letters from my sponsor, employer, therapist, psychologist, chaplain, and the APRN in charge of substance abuse treatment at the VA. All of the letters address my abstinence and commitment to my recovery. I will also be mailing off the final letter, my own, tomorrow.

    As I mentioned, I now manage the sober house I have lived in since May of 2008. I am considered a volunteer, however, the VA waives my rent now that I am house manager. As I said, this is a VA operated sober house. Wait, here it comes...
    Yes, the VA is federally funded. I just may be in violation of the OIG exclusion and after all of this time, I face the very real possibility of fines, jail and at the least, becoming homeless and jobless, again. This time, in sobriety.

    Yeah, I'm ******.
    Your OIG exclusion is related to your suspended/revoked license. The term of such an exclusion is for the term of the license action. In other words, once you clear your license in CT you then apply for the exclusion to be lifted...and it is. This only makes sense since participation in Medicare/medicaid is predicated on having a professional license that allows you, or your employer to bill for your services. The exclusion prevents billing based on a license that does not exist any longer.

    In your role as a recovery house manager you have nothing to do with Medicare/Medicaid, and your services are not billed for. An OIG exclusion does NOT prevent you from being an employee at a federally funded facility....just billing for your professional health care services.

    You are doing all the right things re; the CT board. Attorney involvement at this point will do nothing but cost you money. Should the CT BON not allow you a path to regain your license, THEN you need a lawyer.

  4. Visit  theRykster profile page
    0
    There are so many opinions about the OIG exclusion that I have decided that even trying to discuss it here is worse than pointless. I will simply do as the BON has instructed me.

    And speaking of the BON, on Wednesday, 1 April, they voted unanimously and without hesitation to grant me a hearing regarding reinstatement of my RN license.

    They will send notification of a hearing date in the mail.

    Whee!
  5. Visit  foraneman profile page
    1
    Quote from Not_my_Name
    There are so many opinions about the OIG exclusion that I have decided that even trying to discuss it here is worse than pointless. I will simply do as the BON has instructed me.

    And speaking of the BON, on Wednesday, 1 April, they voted unanimously and without hesitation to grant me a hearing regarding reinstatement of my RN license.

    They will send notification of a hearing date in the mail.

    Whee!
    Not my opinion. It is the law:

    The effect of an exclusion (not being able to participate) is:

    • No payment will be made by any Federal health care program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States (other than the Federal Employees Health Benefits Plan). For exclusions implemented prior to August 4, 1997, the exclusion covers the following Federal health care programs: Medicare (Title XVIII), Medicaid (Title XIX), Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX) and State Children's Health Insurance (Title XXI) programs.
    • No program payment will be made for anything that an excluded person furnishes, orders, or prescribes. This payment prohibition applies to the excluded person, anyone who employs or contracts with the excluded person, any hospital or other provider where the excluded person provides services, and anyone else. The exclusion applies regardless of who submits the claims and applies to all administrative and management services furnished by the excluded person.

    See: http://www.oig.hhs.gov/fraud/exclusions.asp
    jackstem likes this.
  6. Visit  foraneman profile page
    0
    Quote from not_my_name
    i actually came up in the va's monthly compliance routine. now the va's lawyer is all atwitter and sparring with the director of the program. she, (the director) is fighting the good fight on my behalf. so far, she is managing to make the argument that being the house manager is simply the terminal phase of my va treatment.

    the fact is, that oig exclusion is not merely a medicare restriction. it very literally states - http://www.oig.hhs.gov/fraud/exclusions.asp -in part: federal health care programs include medicare, medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the united states...
    again, this pertains only to billing for your services to a federal health care program. this has nothing to do with employment and nothing to do with any federal program hiring or employing an individual who is excluded from oig. as a civilian house manager, you cannot bill a federal health program for your services...they are not covered. you are not a health service provider. thus, no employer can bill for your services. have you ever heard of a civilian recovery house manager applying for a medicare/medicaid provider number????? i am sorry if you have received a wide range of opinions regarding this, but all i can say is that i have no doubt that the information i am giving you is 100% correct. the va attorney obviously has no understanding of oig exclusions, or the law pertaining to them. i do. it is part of my job.
  7. Visit  FLSmitty profile page
    2
    I just got issued a FL RN license in Jan. after vol. surrender in 1996. Start by gathering all your disciplinary records. This can be done on the FL MQA website. Look up your license; it will be there revoked of not. Make sure you aren't excluded from relicensure.

    In my case, the first step was to apply for licensure by examination. Disclose all discipline and include copies of all documentation. Then they wanted a transcript sent directly to the board. After that I was called to the Credentials Committee to answer for the discipline. Their ruling was to license upon passing the NCLEX, taking a refresher with clinical component and an IPN eval.

    I had been sober for several years but could not document that. I was required to sign a 5yr monitoring contract that did not include any treatment. Roughly monthly random drug screens, 3xs weekly AA, weekly nursing support group meetings and a 1yr key restriction. Not as bad as it sounds, but I wouldn't suggest it if you aren't clean and sober.

    I studied my a** off for the NCLEX and it was a joke in comparison to the 2day written test I took originally.

    And I won't even start on finding a job after all that. However, this is what I wanted to do and so can you.

    Good luck! I have much more info if you need.
    Cdkipp and BEDPAN76 like this.
  8. Visit  gr8fulnrs profile page
    2
    the OIG exclusion is a tad nerve ratteling but...let me share my most recent experience...I just recieved a letter from the OIG stating i was removed from the IOG exclusion list. halla-friggen-luia. total turn around time from the day I sent in the application packet to be reinstated: 2 weeks. thats a far cry from the 120 days I was told the process would take. However, the letter did state that just because i am off the exclusion list at the fedarel level I still may be on the list at the state level. hm? I havent began researching that yet. so we'll see. I took that letter in my hot lil hand and ran out to apply for my first LPN job in 6 years since I surrendered my license to get recovery. as I was driving down the road to the place I was going to apply at, tears started falling down my face, overjoyed I made it this far in my recovery and I am soon going back to work as a nurse. I can finally see the light at the end of the tunnel. I hope I dont fall off the chair and weep hysterically when they tell me I got the job! Still waiting on response from AZ. dept. of fingerprint clearance. I am remainig positive and believing in that God hasn't brought me this far to drop me off now, I believe I will be carried all the way through.
    debsinark2 and Cherybaby like this.
  9. Visit  exnursie profile page
    0
    Quote from foraneman
    again, this pertains only to billing for your services to a federal health care program. this has nothing to do with employment and nothing to do with any federal program hiring or employing an individual who is excluded from oig. as a civilian house manager, you cannot bill a federal health program for your services...they are not covered. you are not a health service provider. thus, no employer can bill for your services. have you ever heard of a civilian recovery house manager applying for a medicare/medicaid provider number????? i am sorry if you have received a wide range of opinions regarding this, but all i can say is that i have no doubt that the information i am giving you is 100% correct. the va attorney obviously has no understanding of oig exclusions, or the law pertaining to them. i do. it is part of my job.
    i totally disagree with this information and know 100% that this is not correct!! i am on this list and have done extensive research into it and all that is involves.

    i cannot work in any capacity for any facility that receives medicare reimbursement. i was not aware that this also involves other federal funding, including the va system.

    any capacity includes housekeeper, medical records, unit clerk, etc... in any facility that accepts federal funding.

    http://www.oig.hhs.gov/fraud/alerts/..._exclusion.asp

    below is from the above link

    "the prohibition against federal program payment for items or services furnished by excluded individuals or entities also extends to payment for administrative and management services not directly related to patient care, but that are a necessary component of providing items and services to federal program beneficiaries. this prohibition continues to apply to an individual even if he or she changes from one health care profession to another while excluded.3 in addition, no federal program payment may be made to cover an excluded individual's salary, expenses or fringe benefits, regardless of whether they provide direct patient care."
  10. Visit  lllllsllk36 profile page
    1
    make calls, emails, certified letters. Document everything. keep records of all attempts. I have been fighting to keep my license for 2 years after charges from an old boss (wrong place, wrong time). I have begged for assessment and drug testing for 2 years now, and have been refused, even by the BON! After $40,000 in lawyer fees, I settled with the BON, just to end it all. After 30 days off, I am going back to work this week. It can be very frustrating to try to work with BON. They don't respond to calls, email, or certified mail. I gave up on the monitor, and finally sent certified letters to the BON members. Things got moving pretty fast after that! My next step will be my state representatives. Long story. Sometime I will write it all down.
    BEDPAN76 likes this.
  11. Visit  BEDPAN76 profile page
    1
    To FLSmitty and llllsllk36, A big thank you for joining allnurses to post your experiences. No one can comprehend what the BON can be like till they have been there. They are NOT on our side. I understand that they must "protect the public" but they need to use some common sense and get their facts straight. Keep posting please, because some folks need that "been there done that and lived to tell about it" Take care and thanks again to both of you!
    Cherybaby likes this.
  12. Visit  wed-a-lot profile page
    0
    Doing it all right now, not fun. Went to the board requested permission to get reinstated. They sent me to our peer nursing group, and now I get to jump through a lot of hoops. Must have a lot of time and money to get through it all. Good Luck
    Last edit by wed-a-lot on Apr 6, '09
  13. Visit  Magsulfate profile page
    0
    Quote from lllllsllk36
    Getting your license back after suspension is no picnic either. I have been fighting with the BON since the Spring of 2007 against allegations made by a former employer. It was a diversion charge. It was in a setting where I was the DON and allegedly, a tenant said some of her pills were missing. It occured shortly after I caught two of the "higher ups" in a sexually inappropriate situation. Irronically, in their depositions, both admitted to an affair, but said that what I alleged, didn't happen the way I said it did. When the male parties wife asked about the allegations made against me (she was the DON at the attached facility), she wouldn't hear anything about anything. To this day, I have been courtious enough to not let her know about the affair, which she claimed in her deposition never happened and doesn't believe it. I begged the investigator for the BON to have me drug tested, anything. He told me repeatedly "it's not necessary" or "no, we will tell you when or if we want that done." Since our BON only accepts drug testing from "their" place, I had no other recourse but to hire a very expensinve attorney and demand a hearing. The prosecutor for the BON had a not so pleasant history with one of my parents, but did not recuse himself, instead, wanted to make an example of me, adding charge after charge that he could think of. We were able to disprove all of the charges except the diversion, since there was no drug test to prove it didn't happen, because the BON wouldn't allow me to be tested. Also, the only evidence they had were depositions from people who admit they never saw it occur and have no idea what was or was not taken. To this day, noone has been able to give me a number of pills taken. My order actually says "several", because they can't even find a number. After many negotiations, and nearly $40,000 in lawyer fees, I agreed to a stipulation in which I denied the allegations, but would abide by a 30 day suspension and "play their games" for 1-5 years. Then the real problems started. The monitor refused to respond to my phone calls and certified letters. She finally responded when I got my DON and HR director involved. (Plus, I sent the top 3 BON members certified letters which included all of the correspondence I had with the monitor. On the 31st day, she responded to my DON and finally I was able to get the number of Firstlab to set up and account. For some reason, their system would not accept my account for 3 days. The lady at firstlab was very helpful and appologetic and with her effort and the IT department, were finally able to get me set up. The monitor said I could return to work as soon as this occured, but then found out she was on vacation for the next 5 days, and I again had to wait. When she returned from vacation, she then decided that I couldn't go back until I did a hair drug test, which I agreed to immediately. Now, this is on hold, because I still haven't received the chain of custody forms from firstlab. Thank goodness I have a proactive and supportive DON who has been emailing and/or calling the state daily to try to push this along. She believed in me so much, she actually took a day off of work and drove down to the state capital to testify on my behalf at my hearing. What I have learned from all of this is 1) think twice about being "nice" and trusting of people. I should have told my former boss' wife what I saw and filed sexual harassment charges. But, I didn't. 2) the BON does NOT work for nurses. They will find any road block possible to put in your way. Irronically, the ALJ who presided over my hearing, has been removed. The prosecutor has been moved out of the health area of the DRL, and the BON no long is able to hold their own hearings. They are now only held by the Dept of Justice. I wonder why that is? So, there is my frustrating past 2 years in a nutshell. Any suggestions?
    Dang. I'm sorry.

    That's all I can say. Really. I am sorry this happened to you.

    This sucks, bad!
  14. Visit  lllllsllk36 profile page
    2
    Getting your license back after suspension is no picnic either. I have been fighting with the BON since the Spring of 2007 against allegations made by a former employer. It was a diversion charge. It was in a setting where I was the DON and allegedly, a tenant said some of her pills were missing. It occured shortly after I caught two of the "higher ups" in a sexually inappropriate situation. Irronically, in their depositions, both admitted to an affair, but said that what I alleged, didn't happen the way I said it did. When the male parties wife asked about the allegations made against me (she was the DON at the attached facility), she wouldn't hear anything about anything. To this day, I have been courtious enough to not let her know about the affair, which she claimed in her deposition never happened and doesn't believe it. I begged the investigator for the BON to have me drug tested, anything. He told me repeatedly "it's not necessary" or "no, we will tell you when or if we want that done." Since our BON only accepts drug testing from "their" place, I had no other recourse but to hire a very expensinve attorney and demand a hearing. The prosecutor for the BON had a not so pleasant history with one of my parents, but did not recuse himself, instead, wanted to make an example of me, adding charge after charge that he could think of. We were able to disprove all of the charges except the diversion, since there was no drug test to prove it didn't happen, because the BON wouldn't allow me to be tested. Also, the only evidence they had were depositions from people who admit they never saw it occur and have no idea what was or was not taken. To this day, noone has been able to give me a number of pills taken. My order actually says "several", because they can't even find a number. After many negotiations, and nearly $40,000 in lawyer fees, I agreed to a stipulation in which I denied the allegations, but would abide by a 30 day suspension and "play their games" for 1-5 years. Then the real problems started. The monitor refused to respond to my phone calls and certified letters. She finally responded when I got my DON and HR director involved. (Plus, I sent the top 3 BON members certified letters which included all of the correspondence I had with the monitor. On the 31st day, she responded to my DON and finally I was able to get the number of Firstlab to set up and account. For some reason, their system would not accept my account for 3 days. The lady at firstlab was very helpful and appologetic and with her effort and the IT department, were finally able to get me set up. The monitor said I could return to work as soon as this occured, but then found out she was on vacation for the next 5 days, and I again had to wait. When she returned from vacation, she then decided that I couldn't go back until I did a hair drug test, which I agreed to immediately. Now, this is on hold, because I still haven't received the chain of custody forms from firstlab. Thank goodness I have a proactive and supportive DON who has been emailing and/or calling the state daily to try to push this along. She believed in me so much, she actually took a day off of work and drove down to the state capital to testify on my behalf at my hearing. What I have learned from all of this is 1) think twice about being "nice" and trusting of people. I should have told my former boss' wife what I saw and filed sexual harassment charges. But, I didn't. 2) the BON does NOT work for nurses. They will find any road block possible to put in your way. Irronically, the ALJ who presided over my hearing, has been removed. The prosecutor has been moved out of the health area of the DRL, and the BON no long is able to hold their own hearings. They are now only held by the Dept of Justice. I wonder why that is? So, there is my frustrating past 2 years in a nutshell. Any suggestions?
    BEDPAN76 and Magsulfate like this.


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