Does license surrender automatically result in OIG exclusion list?

Nurses Recovery

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Hi all, so as I've mentioned several times before, I'm on nursing probation for a DUI I got in California in 2013. (Which I just got expunged from my record last week, yay!). Anyway, I made it almost a year through the program and then had a positive ETG test due to a med I was taking. In California, they don't really care why the test was positive, they treat it all the same, so as a result my practice was ceased and I'm waiting to here back from the AG office. Can't work as an RN until then.

Prior to this, my work performance has been impeccable. I won the clinical excellence award for my company last year (despite being on probation for most of the year), I get along great with my coworkers and boss, and am known as the go to nurse for any problem that might arise. As such, my boss was gracious enough to keep me on staff as a ward clerk at the same pay rate until this matter is resolved, but frankly, the last couple weeks I just feel like my heart isn't in it anymore.

Ill admit I've been thoroughly beaten down by the nursing board. As a result of the positive test, I've had to test 8 times this month, including 2 PETH tests, I have to go to AA meetings 5 days a week (despite not being an alcoholic), and since my position was changed I now have to work 5 8 hour days with a 30 minute commute to and from work every day. I'm exhausted, I'm angry, and I'm stressed.

Because of all this, I've been thinking of saying screw it and surrendering my license, so I can be done with this whole mess. I recently found a non-nursing position for a start-up healthcare company that sounds right up my alley and have a second interview with them on Friday. The pay isn't RN pay, but more than enough to pay the bills with some change left over, and doesn't come with the added RN stress.

My only worry about doing this is getting put on the OIG exclusion list. While this company doesn't get paid directly from Medicare or Medical, they are contracted by Dignity, so I'm guessing indirectly I would be getting paid with at least a portion of federal funds.

Does anyone know if a voluntary surrender automatically ends up in getting put on the OIG exclusion list, or do they look at the offense? I can't imagine a first offense DUI with no injury or accident being cause for exclusion but then again, everything about this experience has surprised me.

Any advice would be great. I wanna weigh all options before deciding what course to take

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Specializes in Psych, Addictions, SOL (Student of Life).

Don't surrender your license just yet. Wait to hear from the BON. I had two positive ETG's in my last 6 months of Diversion (California) and both were ruled to be incidental exposure. Go to those meetings even if you are not an alcoholic. There is a lot to learn there about patience, tolerance and surrender to a power greater than yourself. I think OIG is concerned about criminal offenses. You can always call the BON and ask if surrendering your license would result in a report to OIG. Keep your chin up you are almost done.

Hppy

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I wonder this as well. I have found a non nursing position and am terrified of that list. The company I work for runs checks for employees names with the OIG and its an automatic termination if you are placed on it. Its been nearly three years since I was fired and I still am waiting to hear from the board. I just want my life back.

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

As far as I know, OIG looks at a surrender in the same light as it does suspensions and revokations. If I were in your shoes I would wait it out and not surrender just yet. J M O.

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A surrender will put you on the exclusion list. No acceptions but you can apply to have it removed after 5 years. My attorney advised me about this. I know it narrows options but their are company's that don't accept either such as most urgent care clinics or cosmetic surgery centers.

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hey gnurse, just curious what luck you've had finding non-nursing jobs with a bsn? my future is still unclear right now but i really don't wanna go through all the probation terms because i, like you, really genuinely feel i don't have a problem. sounds like the board is pretty one size fits all about stuff though...

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Hey burtis, I'm actually still at my current job still working as a ward clerk but at my RN rate of pay. I've actually been very fortunate that my history with my employer has been impeccable for 4 years until this mess so they are willing to keep me on. I still have heard nothing from the board and am kinda going crazy doing secretary work when I'm such a hands on person but I can't argue with the pay.

I've actually been fortunate to have interviewed for quite a few positions in the interim and have gotten a couple offers. Prior to becoming a nurse I worked with the developmentally disabled community so I've had a couple offers there, one as a case manager for the regional center which provides funds to day programs and other services for this community and the other as a day program administrator, which actually would've been a fun job, salary position and benefits but the pay was about 15k less a year than I make now and it was a bit of a drive. I also have interviewed with a few insurance companies.

I'll be honest, the main reason I haven't said yes to any of these jobs is im not quite ready to give up my nursing career, especially when I know what a good nurse I am. Having said that, I still continue to look for jobs everyday (indeed.com is a great resource) and if the right offer came along I'd take it. The hoops are many and there are days where I ask myself why I'm putting myself through this (today being one of them)

I'm also considering grad school in something not nursing like engineering or healthcare policy (or if I was really crazy I'd pursue my true passion which is writing). I'll keep you updated if anything changes

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cool, yeah I'm still at my current job too and actually don't know what the board will rule, I've lawyered up and if we come up with a reasonable settlement I'm willing to play ball but I just hate the idea of being forced to do (and spend money on!) things that just don't pertain to my situation. haha it sucks, i actually tried to go to a rehab just proactively and the intake counselor told me i didn't have a problem, went to a psychiatrist, same thing. if I can get a decent job with a probationary license I'll pee in a cup 7 times a day but like you I live on the central coast and really can't afford housing on anything less than a certain payscale, I'm sure you get that.

well I'm just venting now, sorry. anyway, do keep me posted on your situation.

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