Denied CA lvn license for 2 DUI's - page 9

by octaviaM | 56,436 Views | 85 Comments

Help!! I recently graduated from LVN school iin California this past Sept 2010, took my blood/IV cert class, and then went on to PASS NCLEX. However, the day I recieved the letter I passed my NCLEX exam the BVNPT sent a second... Read More


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    What a horrible situation to be in, all the time, money, stress, anxiety (insert other useful words to fit your situation), all to find yourself in an even worse situation.

    Now if my memory serves me correctly: CA APPROVED AND ACCREDITED nursing schools give you material (as i have many students) that let you know what may hold up your license but ultimately those decisions are left up to the Board to decide, based on not only criminal records but on application procedures, wether you can/should be licensed. A school is responsible and mandated by state regulatory agencies to determine a comprehensive background check to ensure the safety of those will will come into contact with durring clinicals. Comprehensive meaning local and state authorities and a sweep through the FBI database. But it is up to the student THEMSELVES to enquire as to their offenses (wether past or present) and the potential for non-licesure. Think of it as: Your purchasing a product (school) and a simple warning may be issued, but it is ultimately up to the purchaser not the seller to determine if you meet current criteria for the use of the product. CABVNPT is upfront and will give you fact not possiblities.

    CA as i'm sure all states have one thought in their minds when looking at offenses, patient safety (the word patient is still widely used today), and there are certain offenses that will simply disqualify: Any crime involving agression/agressive state as defined by DOJ, any repeat offense as defined by DOJ (no matter what amount of time has passed), theft of any kind and serveral other crimes that the state finds worthy of their scrutiny. So as an example DUI (choosen for its popularity in this forum) CA laws says 0.08 BAC, it is your choice to drink and it is your choice to get behind the wheel of a car full knowing the laws (as it is the #1 question in DMV written tests) and when those decision are made and you are noted by officals it was ultimately your decision to ignore those laws with the potential to harm others (Potential not acctual I to have lost family to drivers DUI and have learned these laws) even if no harm was conducted by either driver or extention others the POTENTIAL exists from your decisions. Nurse are left up to decisions that deal with the lives of those enstrusted to us and a poor decision made can cost lives as it can when driving under the influence. A choice made has consequences no matter when it was made, and the board sits and thinks about your ability to make the best decision possible (in that residents best interest) that meets your scope of practice and your obligations as a nurse as well as your ability to make these decisions with little to no suprevision. Any small blemish on your record can trigger this outcome, and cause concern with the board.

    It is very unfortunate and I myself have had to help many through this difficulty, AND ITS NOT IMPOSSIBLE, but it is a lengthy process. See the board looks at local authorities and FBI records but also the DOJ and if applicable the DOD, everything comes up, that is why the AG office is involved.

    I truly am sorry to those of you currently going through this, i merely want to shed light on the probibility that everyone seems to tiptoe around which is the disregaurd of rules that are in place for a reason. I agree that schools should comit to a more comprehensive BG check but the issue lies with the requirements for clearing a STUDENT for patient contact UNDER supervision.
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    Does anyone know how the new healthcare law and national database on criminal records will affect nurses in Texas.

    Will the Board's decision about a nurse with criminal record overtake the national database? And does his national database affect hospitals?
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    Hi, I need some advice. I'm currently in an LVN program, half way through the program. For the 2nd half of the program we will be attending LA general hospital and I'm worried about passing the background check. I got in trouble a few times almost 4 years ago. I got a DUI, never convicted, they dropped the charges Wasn't over the .08 limit but I wasn't 21 yet. I got a stupid drinking in public ticket another time. And then another time, I was hanging out with some friends and one of the guys with us got in trouble for graffiti but because I was with them I got arrested too! I am so scared about not passing the background check and not being able to finish the program. I did my own background check with the DOJ and they mailed me my results. The DUI and the "vandalism" arrest shows up on my record. I know I need to disclose this but do you think this will stop me from passing the background check for clinicals or getting my license later? All of this stuff happened in 2008 and I haven't gotten in trouble since then. I learned my lesson as far as getting in trouble and all these things have me so worried. Any advice is greatly appreciated.
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    Hi lvnvanessa,

    I can only speak from my own experience with 2 duis (2004, 2008). I got into school OK, and was not barred from clinicals.

    Right now, however, I'm working with a lawyer on my NCLEX applications, and am almost over the hurdle on my letters of recommendation.

    You can't change the past, but you can prepare for the future. I would strongly suggest contacting a lawyer who specializes in BRN application appeals, but I can give you information that I've gotten from lawyers that I'm working on now:

    The board wants to see _action_ that relates to your improvement as a person. This means document AA meetings, get a review and sign off from an addictionologist (look back a couple of pages on this forum -- there's some info specifically about that), start volunteering in the community, and get that documented (A graffiti cleanup program would look really good). As you get closer to application time, get at least 2 letters of recommendation from your teachers, at least 2 from people who can attest to how you've changed, and include positive clinical reviews.

    The advice I've gotten is to start _now_. I'm having to do a lot of extra work because I need to make up for the fact that I hadn't documented my AA meetings for years. In my case, I'm also doing voluntary drug testing, which sucks, but it shows the board I'm making the effort to show sobriety.

    Hope this helps -- I know it seems like a lot, but the more you do now, the less you'll have to run around at the last minute for when you apply.
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    I am applying for nursing school and have 22 or 26 not exactly sure of the number... they are petty misdemeanors and misdemeanors. I took a conditional discharge which my understanding was once I completed the terms of my probation. Which really was not like typical probation it is run locally by the city not federal probation I would be dismissed and the charges would be dropped against me. My dad gave me the money to pay restitution and I was asked to pay him back as part of my probation I did so early and was dismissed early from the program. I just looked up my background and it shows on there. I am now afraid to apply for any school programs and don't know what to do. I am also a 3.9 gpa student. In my state this crime is seen as a moral turpitude crime and can not be expunged...any advice please!!
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    Hi StudentnurseNM,

    Can you tell me what shows up on your background, and what type of background check you did? School programs are actually fairly lenient on admissions: it's the BON that's the tough one. Feel free to PM me if you don't want to post what shows up on the background check but I would need to know how many offenses show up, what the charge was and month/year it shows up as. If you want to see what the BON sees, there are passport photo places and your local sheriff's office that can run a LiveScan fingerprinting report for you for about $70. This report will help you know what you will have to address when it comes to applying for your license. Hope this helps!


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