TPAPN Nurses

joelpap1 · Jun 13, 2007

:pumpiron:

Magsulfate, BSN, RN · Jun 14, 2007

.................

miguelito · Jul 14, 2007

can you share your attorney information with me.

1964RNfromTX · Jul 15, 2007

I, too, was forced into TPAPN for having DWI'S on my criminal record. The last DWI was in 1991, and when I agreed to TPAPN, had been sober for over 10 years.

I have recently found that I was sent to TPAPN illegally. According to my Declaratory Order.

Texas Administrative Code RULE 213.29.

(a) A person desiring to obtain or retain a license to practice professional or vocational nursing shall provide evidence of current sobriety and fitness consistent with this rule.

(b) Such person shall provide a sworn certificate to the Board stating that he/she has read and understands the requirements for licensure as a registered or vocational nurse and that he/she has not:

(1) within the past five years, become addicted to or treated for the use of alcohol or any other drug; or

(2) within the past five years, been diagnosed with, treated or hospitalized for schizophrenia and/or other psychotic disorders, bi-polar disorder, paranoid personality disorder, antisocial personality disorder or borderline personality disorder.

© If a registered or vocational nurse is reported to the Board for intemperate use, abuse of drugs or alcohol, or diagnosis of or treatment for chemical dependency; or if a person is unable to sign the certification in subsection (b) of this section, the following restrictions and requirements apply:

(1) Any matter before the Board that involves an allegation of chemical dependency, or misuse or abuse of drugs or alcohol, will require at a minimum that such person obtain for Board review a chemical dependency evaluation performed by a licensed chemical dependency evaluator or other professional approved by the executive director;

(2) Those persons who have become addicted to or treated for alcohol or chemical dependency will not be eligible to obtain or retain a license to practice as a nurse unless such person can demonstrate sobriety and abstinence for the preceding twelve consecutive months through verifiable and reliable evidence, or can establish eligibility to participate in a peer assistance program created pursuant to Chapter 467 of the Health and Safety Code;

(3) Those persons who have become addicted to or treated for alcohol or chemical dependency will not be eligible to obtain or retain an unencumbered license to practice nursing until the individual has attained a five-year term of sobriety and abstinence or until such person has successfully completed participation in a board-approved peer assistance program created pursuant to Chapter 467 of the Health and Safety Code.

(4) Those persons who have been diagnosed with, treated, or hospitalized for the disorders mentioned in subsection (b) of this section shall execute an authorization for release of medical, psychiatric, and treatment records.

(d) It shall be the responsibility of those persons subject to this rule to submit to and pay for an evaluation by a professional approved by the executive director to determine current sobriety and fitness. The evaluation shall be limited to the conditions mentioned in subsection (b) of this section.

(e) Prior intemperate use or mental illness is relevant only so far as it may indicate current intemperate use or lack of fitness.

(f) With respect to chemical dependency in eligibility and disciplinary matters, the executive director is authorized to:

(1) review submissions from a movant, materials and information gathered or prepared by staff, and identify any deficiencies in file information necessary to determine the movant's request;

(2) close any eligibility file in which the movant has failed to respond to a request for information or to a proposal for denial of eligibility within 60 days thereof;

:idea: (3) approve eligibility, enter eligibility orders and approve renewals, without Board ratification, when the evidence is clearly insufficient to prove a ground for denial of licensure; and

(4) propose conditional orders in eligibility, disciplinary and renewal matters for individuals who have experienced chemical/alcohol dependency within the past five years provided:

(A) the individual presents reliable and verifiable evidence of having functioned in a sober/abstinent manner for the previous twelve consecutive months; and

(B) licensure limitations/stipulations and/or peer assistance program participation can be implemented which will ensure that patients and the public are protected until the individual has attained a five-year term of sobriety/abstinence.

(g) With respect to mental illness in eligibility, disciplinary, and renewal matters, the executive director is authorized to propose conditional orders for individuals who have experienced mental illness within the past five years provided:

(1) the individual presents reliable and verifiable evidence of having functioned in a manner consistent with the behaviors required of nurses under the Nursing Practice Act and Board rules for at least the previous twelve consecutive months; and

(2) licensure limitations/stipulations and/or peer assistance program participation can be implemented which will ensure that patients and the public are protected until the individual has attained a five-year term of controlled behavior and consistent compliance with the requirements of the Nursing Practice Act and Board rules.

(h) In renewal matters involving chemical dependency or mental illness, the executive director shall consider the following information from the preceding renewal period:

(1) evidence of the licensee's safe practice;

(2) compliance with the NPA and Board rules; and

(3) written verification of compliance with any treatment.

(i) Upon receipt of items (h)(1)-(3) of this section, the executive director may renew the license.

Also, from my Declaratory Order:

The Board may, in it's discretion, order a Petitioner, upon initial licensure as a Registered nurse, to participate in a Peer Assistance Program approved by the Board if the nurse would otherwise been eligible for referral to peer assistance persuant to section 301.410, Texas occupation Code.

Texas Occupations Code 301.410

301.410. REPORT REGARDING IMPAIRMENT BY CHEMICAL

DEPENDENCY OR MENTAL ILLNESS. A person who is required to report a nurse under this subchapter because the nurse is impaired or

suspected of being impaired by chemical dependency or mental

illness may report to a peer assistance program approved by the

board under Chapter 467, Health and Safety Code, instead of

reporting to the board or requesting review by a nursing peer review

committee.

The law works for you when the government requires you to attend AA, since a series of cases at the State Supreme Court and Federal Appeals Court levels (with no diverging opinions) have held that a government body cannot require a person to attend AA because of its religious content (this violates the 1st Amendment's separation of church and state, called the "establishment"--no establishment of religion by the government--clause). The same does not apply with private employers, since the idea is you can go to another employer. A state agency with sole power for medical licensure parallels the government enacting requirements.

TPAPN requires you to attend AA to remain in compliance, so it seems to be unconstitutional for the boards to make you join TPAPN, since by doing so is making you attend AA.

I am currently working as a Home Health RN. I intend to take this fight to the highest court possible. I am even considering a civil suit.

Good Luck to all of you TPAPers,

David

P.S. Maybe we need to form our own program to fight the injustice of TPAPN and the BNE making them rich.

RNRutRO · Jul 19, 2007

Miguelito - I sent you a PM about your other post.

I can NOT stress enough-----YOU ARE NOT THE FIRST PERSON TO BE IN THIS SITUATION!!!!! AND YOU WON'T BE THE LAST!

Send me a PM if you have any questions, or if I was way off about your tpapn situation.

1964RNfromTX - I'm confused! I know, what else is new, right? I thought that the BNE was "re-thinking" making all the nurses who got caught with dui's etc, do tpapn if they were over 5 years old. Did you do tpapn? Did you get out of it?

How can they make a nurse who made mistakes so many years ago do tpapn? I thought the sunset reveiw was changing that. Can you enlighten me on this?

I think it is total poo that they make someone go through tpapn, for infractions in life that happened 10 years ago. What's the deal with that?

scared RN · Mar 6, 2009

I just recently started TPAPN , and prior to doing so I was reading coments on this website... THEY SCARED THE HELL OUT OF ME ie: my username... however I have had nothing but awesome experiences and a wonderful case manager who takes my call at anytime!! My treatment program is amazing and if I can pay I do if I can t I don t it does not affect my treatment and recovery. The main thing I read was things on finding employment .. I have been retained by mine and when I am done in 5-6 weeks with my treatment program I will have a recruiter help me find a job in the system. I almost decided not to TPAPN after reading this website so I registered so that I could get the word out there that if you are willing and ready for recovery TPAPN will help you and be there for your best interest .. YOU MUST WANT TO TPAPAN in order to reep its benifits.

Magsulfate, BSN, RN · Mar 6, 2009

I just recently started TPAPN , and prior to doing so I was reading coments on this website... THEY SCARED THE HELL OUT OF ME ie: my username... however I have had nothing but awesome experiences and a wonderful case manager who takes my call at anytime!! My treatment program is amazing and if I can pay I do if I can t I don t it does not affect my treatment and recovery. The main thing I read was things on finding employment .. I have been retained by mine and when I am done in 5-6 weeks with my treatment program I will have a recruiter help me find a job in the system. I almost decided not to TPAPN after reading this website so I registered so that I could get the word out there that if you are willing and ready for recovery TPAPN will help you and be there for your best interest .. YOU MUST WANT TO TPAPAN in order to reep its benifits.

Congratulations on your recovery !! You are very lucky to have a job waiting for you when you're ready. A lot of nurses don't have that luxury when they enter tpapn. So, count your blessings. :)

HouTx, BSN, MSN, EdD · Mar 6, 2009

Come on now - I think that two issues are being discussed as though they were one and the same.

TPAPN was a revolutionary new idea when it began. It was the first such 'alternative' option in the US at the time... offering assistance to nurses with substance abuse rather than simply stripping them of their licenses. Granted, that was a long time ago, and maybe they need to refresh their p&P. I am not familiar with time lines, restrictions, etc -- but even with cancer 5 years is considered a 'cure' so 10 years seems a bit too much for a one-time substance abuse issue.

Unionization - that's another story entirely. Why would anyone think that a union could override protections that have been put in place for the protection of the public? Where do our rights end and theirs begin? Would a union also 'protect' nurses convicted of sexual abuse? patient assault? I don't think I could defend that stance to anyone. Unions cannot - despite opinions to the contrary - produce lollipops and rainbows. They do subvert the rights of the individual to those of the group - rewarding seniority and party loyalty over individual competency.... but that's another thread entirely.

diane227, LPN, RN · Mar 7, 2009

We are union here in Washington State but the union has nothing to do with the way the state laws are written concerning nursing practice. One of the students we had recently wanted to work for us and we really wanted her but she has an "action" pending against her license. She used to use meth. The went through the program and has been sober for 10 years. She has documents from the state that she has been cleared and his a full, non restricted license. However, when you look her up on the board web site to check her license, at a end a big red YES under the section "current action against license"

Iam46yearsold · Mar 9, 2009

The trouble with TPAPN nurses is I have done CPR on 3 of them so far. None made it. I had worked with all three at one point or another which made that even more difficult to bear.

The other trouble with TPAPN nurses is every other one that I have worked with has back slid or failed at least once if not twice more. This creates difficulties for all also.

I know there are success stories with TPAPN, which keeps me willing to work with them.

Magsulfate, BSN, RN · Mar 10, 2009

The trouble with TPAPN nurses is I have done CPR on 3 of them so far. None made it. I had worked with all three at one point or another which made that even more difficult to bear.
The other trouble with TPAPN nurses is every other one that I have worked with has back slid or failed at least once if not twice more. This creates difficulties for all also.
I know there are success stories with TPAPN, which keeps me willing to work with them.

I'm sorry that you've worked with only failed TPAPN participants, but in my experience there are many more success stories in TPAPN than failures. And I have quite an extensive experience with TPAPN.

Please don't think that since this happened around you that it is a common place for TPAPN nurses to fail. It is not. For the most part, if the nurses follow the rules and genuinely want to recover, then they will recover and begin a new life. One that they thought was never possible without TPAPN. And this goes with any other state peer assistance program.

There are some nurses that just give up their license, they feel that working hard enough to get through tpapn is not worth their license, they'd rather not be nurses. SO.. for the nurses that do actually tackle TPAPN and commit to changing their lives, I know that they are committed also to being nurses. And not just a plain old nurse, a wonderful nurse. I've found that nurses in recovery are some of the best nurses you will ever meet in your life. They are willing to jump through hoops of fire to keep their license and stay sober. Those nurses that chose the easy route by giving up their license were never meant to be nurses in the first place. That is my feelings on the matter. And I do feel that I have a right to make an opinion on this since I HAVE been recovering and I HAVE completed TPAPN successfully.. I also have seen many other nurses do it.

It is not easy to be a recovering nurse, not by any means.

RNRutRO · Mar 12, 2009

Dear Scared,

If you read thru the posts here, they go WAAAAYYYYY back. I am so sorry that they scared you. But at the time, many of us were going through OUR experiences with TPAPN.

You are right in that it is a great program. If it wasn't there for me, I would most likely be dead or in jail. So, for me, it was a lifesaver! And for that, I am very thankful!

I in no way want to burst your "bubble" so to speak. If you follow the rules of tpapn, and stay under the radar, you too will graduate. I'm happy your CM calls you right back. Mine was out of the office I think at least once a week, and probably twice a week. Plus, during the time I needed her most (I was fired from a job when the new DON found out I was in tpapn with only weeks to complete my year work requirement), she was out sick, and I had no back up to call and let them know what they did was illegal. Plain and simple. But, I overcame that, found a new job, and basically another area of nursing I never thought I would go into.

I NEVER want to scare someone. And over the last two years, I have different feelings about tpapn, than when I was in the middle of it.

There are MANY little "pitfalls" of the program. If you have any questions or concerns, please feel free to ask here, or PM me. If I can help with my experience, I will be happy to. Right now, my advice is simple. Stay on task. Get you well. Do your paperwork on time, and do NOT drink ANY alcohol. Even in cooked food and even if it wasn't your DOC. Stay under the radar. If you don't really need to call your CM, then don't. Sometimes calling them, gives them different ideas than what you intended. They are not your friends. You should have an advocate and sponsor for that. Try to follow up any important phone calls with an eamil when you do need to talk to them--then you have it in writing.

Best of luck. Don't be scared anymore. While you should be cautious, yes, but scared, NO.

Keep us posted!