Enforcement Review TX BON - page 13

by Huckleberry33

42,904 Visits | 128 Comments

I am graduating nursing school in Decemeber. I submitted a declaratory form with all supporting documents of dismissal and paid to register for the NCLEX...then I received a letter a few days later from the TX BON. It stated that... Read More


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    Hello everyone,
    I am endorsing into Texas and am having some problems getting my permanent license. I started this process back in early August and moved her in middle of August with the plan of working under my compact license until everything could go through. When I asked about applying for a temporary license, BON said no since I had the compact. So fast forward, when my background check came back, it had a disturbing the peace charge on there. I did not not disclose this due to I didn't know it was on there. Due to a bad marriage, I was arrested but then the charges were later dropped and we never stepped foot into a court room. So I thought there was nothing to show since I was never convicted. So I turned in all the appropriate paperwork for this, and it satisfied them. However, now I am being investigated due to the fact that I initially applied online instead submitting a paper application. It has been almost two weeks since I have been able to practice, and I have asked about a temporary license and their reply was to keep checking the website. The letter that I received said a minimum of four months until I would know something. I don't have four months. I just moved out here, working two full time jobs to keep the lights on. My question is does it always take a minimum of four months? And if they do give me a license, will it be restricted? Also, how does this enforcement department work? I mean does my file sit in a pile of paperwork until somebody can check it off that I'm good? How do I get ahold of my investigator? Thanks in advance.
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    My case has just come out of the enforcement dept. and is now in the legal dept. and I am waiting on my Agreed Eligibility Order. I was arrested for a class C Misdemeanor for shoplifting when I was 18. It was dismissed after completing community service and counseling and so I had no idea it would show on my record. I had to give up my spot the 1st time i was accepted to nursing school and am still waiting to be cleared so I can start this 2nd go around in Jan. Im praying I dont have to give up my spot again. The process has been heartbreaking. Im wondering what kind of stipulations will be placed on me and if anyone has had a similar offense. Also, Im worried that I "lied" to the BON when applying, I remember the questions were have you ever been convicted or plead guilty or no contest to an offence, I checked off no because my case was dismissed and thought it didnt count but now im afraid that I will get in trouble for this....any advice?
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    So, I am in a similar situation. I had a DUI, downgraded to Reckless Driving. I've sent everything in... I moved from a compact state to Texas (compact State also). I began the process as soon as I got to Texas, which was in May. It took until mid-August to get my Temporary. That expired Dec 3rd, so I've not been able to work as a nurse since then. In the initial application, I didn't know that in the state I moved from a Reckless Driving is a misdemeaner, I did mention the reckless driving, but I did not elaborate. I worry they will think I hid it.

    I've been in touch with the investigator and the last we spoke, she had no information other than "it is with the director for recommendation" and to call back in 1-2 weeks, that time has since passed and I have left 2 messages and an email. I just received an email back sayin this:

    "Spoke with your Enforcement investigator. A letter will being going out today to provide you with the Board’s recommendation.
    "

    ...and no further information. I'm so terrified I'm not going to get licensed. Has anyone else gone through this? How did it turn out? Does their response sound foreboding to you? it does to me I'm praying daily that everything turns out ok, but I'm so stressed out.
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    Quote from misssarab.5
    My case has just come out of the enforcement dept. and is now in the legal dept. and I am waiting on my Agreed Eligibility Order. I was arrested for a class C Misdemeanor for shoplifting when I was 18. It was dismissed after completing community service and counseling and so I had no idea it would show on my record. I had to give up my spot the 1st time i was accepted to nursing school and am still waiting to be cleared so I can start this 2nd go around in Jan. Im praying I dont have to give up my spot again. The process has been heartbreaking. Im wondering what kind of stipulations will be placed on me and if anyone has had a similar offense. Also, Im worried that I "lied" to the BON when applying, I remember the questions were have you ever been convicted or plead guilty or no contest to an offence, I checked off no because my case was dismissed and thought it didnt count but now im afraid that I will get in trouble for this....any advice?
    It depends on how long ago this was for you, if it has been within the last 5-7 years they might want you to complete a Nursing Jurisprudence Class or some other type of agreement. I highly, very highly, doubt that they will deny for you a shoplifting case that was dismissed. This does not mean that they won't have stipulations for you getting your license once you graduate nursing school. The best thing you can do is this: First, accept that there is nothing you can do about the decision they make and there is nothing you can do to change your past. Second, be honest in all your affairs and you will be guaranteed to be on the right track...even if that path may not be where you thought you would be at that point. Third, after you have done what you can for this situation leave the results up to the power that is greater than you...for some this is a God, for some it is something else...I have a good feeling you will be on your way to nursing school soon if you can take this advice to heart.
  5. 0
    So I have a question for those with experience with the enforcement department. I submitted my application with the disclosure that I was arrested for failure to appear for class C misdemeanor traffic violations, thoguh the court has no records of this and only information regarding the tickets themselves. Even though the tickets are class C misdemeanor traffic violations (which are not necessary to disclose to the TBON) I felt that since I was arrested for failure to appear (though I was never fingerprinted, booked, etc.) that I would disclose the information. I wrote a letter explaining the issue and attached all available court documents about the tickets.

    The issue is that I received a letter that my file was going to enforcement. I physically turned in my $150 fee and letter but asked why my case was being forwarded. I was told that I would not be given any information for 4 months, but the lady herself stated she was confused because she saw that my fingerprinting and background checks all came back clear (I think she shouldn't have told me that information).

    If my background check is in fact coming back clear, does the TBON have the right to withhold licensing? I disclosed a possible issue but if it is in fact not an issue, then why do I have to wait 4 months? I am in the process of confirming that my background check is clear (I am re-fingerprinting and ordering my own personal copy) and if it is clear, I am taking it to a lawyer. Has anyone used a lawyer to fight back against the enforcement committee? This is frustrating for everyone but if my background checks are in fact clear, I feel like I don't deserve to be forced to wait for an ATT and begin working. I graduate in May and have a Job already secured. Any guidance/advice/insight is welcome!! THanks!
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    Hello LYNN,

    I am in a similar situation. I had a failure to appear and did not know about it so after I submit my application I pulled a driving history and found it and I immediately sent in documents regarding the failure to appear for a speeding ticket. They sent my file to the enforcement department and didn't even request the fee. Which is weird. So I called and she said they didn't need a fee from me because they aren't investigating because I sent in documents when I found out about the violation. She said that could cut down the amount of time it would take because there was nothing to investigate.

    Maybe it will be the same in your situation.

    Good luck and I will keep you updated on my case.
  7. 0
    Thanks Rosehill!

    I actually just got myself re-fingerprinted and it should just take a couple days to get my background check back. I actually orginially submitted all the documents so they have everything the court has about my tickets and the lady in the office is confused about the situation because she told me my background check came back clear. If in fact it did come back clear, I'm not sure why it is in enforcement (I had to pay $150 and was told that it would be a minimum of 4 months, putting it past my job start date at the end of June). I think their confusion is that I submitted a letter talking about my failure to appear and my arrest for it, but my background check is clear with no mention of it. The court house with my tickets has nothing on file about the arrest either.

    If my background check is clear, I don't see why they should not allow me to test and begin working. They can investigate me all they want, but until they have something I don't feel I should be punished. I have a lawyer lined up and as soon as I get my background results and they are clear, I'm sitting down with him and figuring out if I have a case to make the board of nursing at least investigate and answer me faster than 4 months. That is a lot of missed income when I cannot test and begin working.

    I pray my outcome is as quick as yours!!! Gives me a little hope, but we will see. Thanks for responding to me!
  8. 1
    I think you're doing the right thing. I don't understand why they would do anything if the background check is clear.

    I'm praying that both our cases get worked out quickly.
    LYNNfutureRN likes this.
  9. 0
    I heard back from the BON and I'm good to go.

    March 7th is when I was sent to enforcement.
    March 31st is when I received the letter saying I was cleared.

    They were very quick. I only called once to check the status of my application. I sent in the declaratory letter and was never required to pay the 150.00 when I was sent to enforcement.

    God is good.


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