Anybody considered legal action against BONs for non-recognition?

[mobileLPN]

Doesn't apply to me as I enrolled prior to the CA cutoff date and would sooner die than live in Kansas. Has anybody ever considered filing suit against a BON for not recognizing an EC education? Since I'm not an attorney, perhaps one could comment. It seems to be a violation of the equal protection clause of the constitution. For example: If you live in a state that doesn't require drivers ed for an initial DL, your license is still valid in a state that does require drivers ed. States, and in particular Boards of Nursing, are charged with protecting the citizens of that state, the burden of proof would be on them to show that EC grads (who take the same licensing exam as any other grads) aren't as well prepared.

Not sure if you'd win or lose, but it might be worth a shot.

Just as an aside. Isn't it a bit ironic that while California doesn't recognize distance learning for nurses, it's the only state to recognize distance learning for lawyers?

[traumahawk99]

the problem is that same crazy women who run the traditional nursing schools are also sitting on the state licensing boards. they're control freaks, and excelsior is something they have no control over, so they want to disallow it altogether rather than coming up with a creative method of addressing perceived insufficiencies.

it's preposterous that someone who has worked for years as an RN in New York should be denied licensure endorsement to California because the state board didn't like their schooling.

this profession desperately needs national licensure. otherwise, we end up with the sort of authoritarian buffoonery that we have today. and all this in the midst of a nursing shortage.

[Sheri257]

the problem is that same crazy women who run the traditional nursing schools are also sitting on the state licensing boards. they're control freaks, and excelsior is something they have no control over, so they want to disallow it altogether rather than coming up with a creative method of addressing perceived insufficiencies.

it's preposterous that someone who has worked for years as an RN in New York should be denied licensure endorsement to California because the state board didn't like their schooling.

Actually, according to the Californa BORN newsletter, only one out of the nine board members is a nurse educator. Three members aren't nurses and represent the public. Three members are bedside RN's. And there's a nurse administrator and a doctor.

Just FYI.

[MidwifeMom]

Hello, I am a Kansas student from Excelsior getting ready to take the CPNE in March. As you all know the KSBN has changed their policy now and will not accept Excelsior students for licensure or endorsement. I was assured by the ksbn before I started the program that Excelsior College would be accepted. I never thought I would have any problems, I mean Excelsior College is accepted by John Hopkins & other prestigous universities, so why would Kansas not accept it? They say it is because of the clinical requirement, but when you are an LPN you have learned the majority of the basic skills of an associate degree nurse. The only thing left is IV's. Why don't they just require you to take an IV therapy course? This would take care of the remaining clinical requirement.

I am prepared to legally fight this battle with the ksbn and I hope that Excelsior will file suit against ksbn as they are with California. I have enough evidence that some Excelsior students have been allowed to take boards after the decision. I am not a lawyer, but allowing some applicants and not other, just as qualified applicants is discrimination. At the very least I think I can win a discrimination case against them. As for showing harm, they have harmed me financially because I have paid a lot of money for this education program and I will have to pay a lot more to repeat another year. My husband and I also purchased a house in Kansas, and we probably wouldn't have made that choice if I knew I could not work in Kansas. So this now will be another financial burden if I cannot make RN pay.

As for the previous post, laws are not set in stone and can be challenged and changed. History shows us ignorant laws that were put in to place only to be changed later because strong people challenged them.

I just sent a letter to ksbn asking if they will accept endorsement because I wanted to clarify the issue. A staff member responded stating that this issue would be addressed on March 16th and she would reply then. I have also sent numerous letters to the governor, ksbn, state reps, & attorney general hoping that someone will see how ignorant this decision is. I have also posted a letter on alittlesarcasm.com asking for the help of other Excelsior college students to write and try to change their mind. Unfortunately this affects us all, because Kansas is trying to make Excelsior degrees worthless.

Here is the emails of the governor & ksbn members if anyone is willing to write:

http://www.ksgovernor.org/comment.html (Just copy and paste into the comment form)

[email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],[email protected],

(These are all the board members for Kansas Board of Nursing, I just sent one email to all of them, copy & paste their names into your email

Thanks to anyone who is willing to help.

Jamie

[MidwifeMom]

Here is a petition to sign for ksbn to change their decision. Pass it on to anyone willing to help.

Please sign the petition to change Kansas Board of Nursing's decision regarding licensure of Excelsior students.

http://www.petitionspot.com/petitions/changeksbndecision

Thanks

Jamie

[Sheri257]

I was assured by the ksbn before I started the program that Excelsior College would be accepted.

I agree with you on this. At the very least, Kansas should have grandfathered people in like California did. It was extremely unfair not to do that.

My guess is that you probably have a legal case but, of course, only a lawyer would know for sure.

Good luck.

[RN34TX]

I signed the petition, wrote the governer and all of the Kansas board members.

Good luck to everyone in Kansas!

And why have I not seen any of this stuff for people attempting to fight the CA decision? Is it out there?

I'll admit, however, that KS was a lot nastier in that they told potential students in the beginning that it was accepted and then turned around after they invested time, money, and effort into the program that they would not be eligible for licensure.

[MidwifeMom]

Thanks so much to everyone who is helping by signing the petition and writing letters to ksbn & the governor.

We still have a lot of signatures to get so keep them coming.

Thanks again

Jamie

[RN34TX]

So far I've gotten two replies back from KS BON. One from the president and both basically giving me the same "doesn't meet state requirements for clinical" routine.

It still doesn't answer what will become of KS current EC students and graduates that are not yet licensed.

They did say that they are "working" on possible solutions and are keeping open communication with EC so that the school will meet KS requirements.

I just think that they need to keep hearing from EC grads who are working as RN's, particularly those in the state of KS who were licensed prior to their decision.