LPN (FL.) with prior discipline moved to Cali Denied LVN

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    I am putting this out here because I have seached and searched for a story like mine, I know someone out there has to be in a similar situation or have been. I hope this helps someone! I will start from the beginning. In May of 2007 I was in the thrawls of an addiction to opiates and broke, so I made the stupidest decision of my life and wrote some prescriptions forging the Dr. I was working for at the time's name! I got caught and I was charged with "principle to obtain a controlled substance by fraud" 3rd degree felony in the state of Florida and "possession of blank rx form" misdemeanor. I was so lucky I was offered a Drug Court program and I really needed it! The office I worked with did not want to press charges, but they did report me to the board. The state was pressing the charges. I had a Board Order and the stipulations were I enetered into Florida's diversion program (IPN) satisfy the contract which was psych eval., urine drug screens, nurse meetings, etc. probation stuff and 2 courses in ethics. I started IPN IN March 2009 After 19 months, in and out of jail for sanctions for not staying sober, group meetings, aa and na meetings, therapist, and worst of all losing my bestfriend/fiance' of 14 years in a car accident I graduated!
  2. 8 Comments so far...

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    This was only the beginning of the story. The last part must not of saved.

    After I graduated from Drug court and had a license with stipulations I got pregnant and had to drop out of the IPN which was board ordered. So the Board conducted another investigation on me and gave me a settlement agreement. I had to go back into IPN and finish the program and 2 courses everything that was in my previous board order I didn't finish because I was only in for a couple of months. I HAD 60 DAYS! I did it.

    Now I have a Florida license with Obligations(IPN Contract). Well life goes on and people move.

    Well I had to move to CALI. I applied to the BVNPT for licensure by endorsement in February of 2011 after contacting me twice for more info, they sent me a denial letter in October 2011. They said I showed a willingness to comply with sentencing requirements, but I had not shown a committment to my sobriety or law abiding citizenship! WT*...

    I couldn't believe this. I have done nothing but the two latter reasons! But I didn't submit any letters from AA or my sponsor. I did submit proof of negative random drug screens for 3 years and compliance to IPN and Drug Court.

    I appealed the decision that day, just ridiculous. After researching and calling professional licensing attorney's, asking the board numerous questions, calling the Office of administrative hearing, the attorney generals office almost daily. I finally got a hold of the deputy attorney general handling my case! We talked for quite awhile. She explained to me how everything worked and I ask her about the options several attorney's had told me about in FREE CONSULTATIONS.

    I am interested in a settlement agreement, I don't mind stipulated terms. I'm gonna get them anyway! She told me if someone takes the time to seek her out and talk to her about there case she gets to that case quicker. She told me my case was new to her so she had a couple a head of me, but she would get to it by the end of the month/beginning of next! That satisfied me, since I have heard this can take over a year from the denial!

    Then we talked about the settlement. She said once she sends me the "statement of Issues"(not the "statement of reasons" the board sends you), I need to review it and gather all evidence that is pertinent the more the better, Character reference letters, etc. Send it to her with the terms you would like the settlements to be and she will present it to the board. She said she would rather do settlements when they are an option.

    If you are planning on represnting yourself, which I am because I can't afford the $1500-$7500 retainer fee these attorney's need before they start on your case, this is what they would be doing for you! I am not a lawyer/attorney by any means, but if you have cold hard evidence, don't let these attorney's take advantage of you when you could do the same thing they make you believe that only they can do!
    Last edit by tnbutterfly on Feb 18, '12 : Reason: Reformatting
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    Thanks for posting your story and good luck with everything!
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    Thank you for the support!! Hopefully this will be over soon! I will keep updating, I am interested to see how everything works out! Actually I did get a job in nursing at an Mental health services group home for teens. I love the job, a license is not needed, but I am acting as an LVN. I had to pass a medication administration test, but at least I get to pass meds. I had the job approved through the IPN, if I am able to keep this job six months I will have the restriction lifted from my licenses to pass narcs. I do see a light at the end of the tunnel and I am already working on the terms I am going to ask for in my stipulated settlement!
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    Just wanted to give an update. After trying for several months to get a settlement agreement, submitting information twice to Deputy Attorney general, I was denied a settlement. Denied because of my license status with the state of Florida. So I am preparing for my administrative Hearing on October 29, 2012. I am bring with me 2 copies of all of the evidence and information the administrative law judge will need to determine his or her decision. I am actually making a booklet for the judge that will explain and outline the evidence. Most of this information I have already submitted for the BVNPT for discovery. I am still in the IPN and actually just signed another contract with them because until I am licensed here I can not satisfy the terms of my contract which is successfully working as a nurse for one year. My case worker with the Florida Department of Health has written a letter stating this and asking them to grant me my license. If they don't I will have to find another career because I will never be able to satisfy my contract, therefore never graduate from IPN, this will be noncompliance with my final board order and my license will be revoked in Florida. So WISH ME LUCK!
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    I wish you the best of luck.
    ashleyfoster2001 likes this.
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    Sooo. I could of never prepared for that! Although I was very prepared, it was rough! Here is how it all went down! When I arrived the Deputy attorney general that was handling my case on the boards side, gave me a copy of all of the information and evidence they would be submitting to the ALJ. Once the hearing started the judge immediately went off the record to ask several questions about my case. When back on the record Attorney for the board presented their side of the case, stating that I had been disciplined in Florida and that was the main reason, my application for licensure had been denied. She submitted their evidence and then it was my turn. You are allowed to make an opening statement which I did, then the judge ask me if I woud like to testify on my behalf. I did. He ask me several questions about myself, as we went through every piece of evidence I had submitted why that evidence was relevant. After I was done, he ask me if I had any witnesses, I did, my sponsor was present. She took the stand, he asked her several questions about our relationship, about her, and if she would like to say anything on my behalf.BTW attorney for the board also had the opportunity to ask myself and my sponsor any questions. After her testimony, went back to attorney for board. She had nothing else and he asked her to make her closiing statement. The statement was totally against me and why I should not be licensed. Then he asked if I would like to make a closing statement, I did and reiterated everything on my behalf and why I should be licensed. After closing statements the judge asked the attorney for the board if she had a decision she would like to propose on behalf of the board, she did not. So now the burden is on the ALJ to make a decision based on all the paperwork and testimony received in the hearing. Off the record the judge allowed me to look through the disciplinary guidelines and ask what my opinion of them were if he were to issue me a license on a probationary status this is what I would be faced with. Now if you have read my previous entries you already know that I am currently in the ipn, which is the program Florida BON refers their nurses to and all of the disciplinary guidelines are the same that I am doing right now and I was very frank with him and told him that. So here are some pointers,
    1. Bring your witnesses. The judge said the best thing I could of done was bring my sponsor to speak on my behalf. He said he once had a case that the man was 37 years sober, but he had to take his word for it because he didn't bring anyone to speak on his behalf.
    2. BE ON TIME
    3.BRING ALL OF YOUR PAPERWORK, YOU NEVER HAVE TOO MUCH.
    4. BRING ALL OF YOUR EVIDENCE, I.E.
    Drug screen results, letters from employers, friends, relatives and MAKE SURE THEY ARE ALL SIGNED!!!!! IF they are not signed they are not considered evidence, if you can not get them signed print out the email they sent it to you in.
    So that's about it for now. Now I wait! The judge has a month to submit his proposal to the board and then the board can either adopt it or not! I will update when I know my fate
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    I was not sure where to post this so I'm going to try here. Ten years ago I turned a doctor in for getting high on nitrous oxide during a surgical procedure... needless to say he ruined my career and I ended up with a different plan on my license... all because I waited 45 minutes to turn him in. anyway I am about to apply to the California Board of Nursing via endorsement, all on the up and up of course, and I was wondering if anybody could answer the following questions: First, if they do give me a license, will it have a discipline on it or they're BON website...?Secondly, will I have difficulty in finding a job? Do employers the check nursys.... Lastly, is it even with my time? The reason I ended up with a discipline is because the day prior to my hearing I got T boned by a UPS driver who ran a red light, missed my hearing and was subsequently in hospital with a traumatic head injury for 7 months....most of that time was spent just trying to remember Who I was... when I finally got my life back almost 2 years later, I contacted the board with all of the appropriate documentation, but the Board of Nursing basically told me to kiss their you-know-whats....that it was too bad that it was all over in the discipline would stand and it would be on there for the rest of my life. About 3 years ago I got sort of an apology letter from them but they were still unwilling to either remove the discipline or grant me another hearing. Anyway, if someone would please help me figure this out, I'd truly appreciate it Elisa Caterina
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    elisa i hope you got yourself a lawyer.


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