Admitted to diversion, do I have to get a lawyer?

[Nurse Beth, MSN]

It's true, you can navigate this without professional legal counsel, but is it wise? The BON is not your friend.

I recommend at least consulting with an experienced attorney before deciding.

Having said that, here's some tips:

Here are some tips to help you navigate the process when the Ohio Board of Nursing reaches out:

Know the Process

Since you're already enrolled in the Ohio Peer Assistance Program (OPHP), you're ahead of the game. OPHP is designed to help nurses with substance use disorders, and they work closely with the Ohio Board of Nursing. The Board may already have some information about your situation due to your participation in OPHP, which can show that you're taking responsibility for your actions and are committed to your recovery.

The OBON will want to discuss the circumstances of the diversion and may also ask for additional documentation, such as proof of rehab, ongoing participation in the OPHP, and other treatment-related information.

Be Transparent and Honest

You've already shown honesty in disclosing your addiction to your employer and completing rehab. Continuing this level of transparency with the Board is critical. Openness shows you're taking responsibility for your actions and committed to rehabilitation.

Prepare Your Documentation

Gather all relevant documents that demonstrate your efforts to address your addiction, including:

• Proof of completion of inpatient rehab and the 6-week IOP program.
• Any letters of support from your rehab facility, counselors, or OPHP detailing your participation, progress, and commitment to recovery.
• Clean drug screens, daily meetings, and all evidence that you've consistently participated in recovery-related activities.
• HR documentation showing your employer's willingness to retain you due to your honesty and efforts.

Providing these documents upfront helps demonstrate to the Board that you're actively addressing your substance use disorder and making strides to ensure it doesn't affect your professional practice again.

Understand the Terms of Diversion

Stay on track. Diversion programs typically involve monitoring and recovery requirements, and the Board may set conditions for your continued practice as a nurse. These conditions can include:

• Regular drug screenings.
• Ongoing therapy or support group attendance.
• Monitoring through OPHP or another monitoring program.
• Restrictions on your scope of practice (for example, not handling controlled substances for a certain period).

Make sure you fully understand the conditions of the diversion program and comply with them. The Board will look for a commitment to ongoing recovery and compliance with the terms of the diversion program.

Communicate Proactively with the Board

When the OBON reaches out, respond in a timely and respectful manner. If you're unsure how to respond to a specific request, asking for clarification is okay. You want to appear cooperative and committed to resolving the situation in a way that supports both your recovery and your nursing career. Keep records of all communication, and do not change your mailing address without notifying the Board.

Consider Self-Advocacy

If you feel confident in your ability to advocate for yourself, you can do so. This includes articulating your commitment to recovery, explaining your steps, and showing dedication. However, if the process feels overwhelming or you're unsure how to approach certain aspects, you can consult a lawyer to ensure you're making the best decisions.

Stay Focused on Your Recovery

The Board will emphasize your recovery and whether you take the necessary steps to ensure the behavior doesn't recur.

Consider Your Future Practice

It's also good to consider how you want your career to progress after the diversion process. After completing the diversion program, you may need to meet additional criteria to return to full practice or have your license reinstated without restrictions. 

Cost Considerations

If you're concerned about the cost of hiring a lawyer, remember that many lawyers specializing in nursing licensure issues offer free consultations or have payment plans. You could contact a few to gauge their pricing and see if they provide any flexible options. However, as you've mentioned, if you feel confident in representing yourself and navigating the diversion process, a lawyer may not be necessary unless complications arise.

It sounds like you're doing everything right regarding recovery and compliance with the OPHP. If you stay focused on your continued progress, maintain transparency with the Board, and meet all the diversion program's requirements, you'll be in a good position to move forward.

Best wishes,

Nurse Beth

[NurseJackie69]

You don't have to get a lawyer. Since you have admitted diversion and you did divert, I would personally NOT get a lawyer. They can't help you in this situation regarding how long the BON will give you in monitoring because the BON has your admission. A lawyer can't take that away. Understand that if you get a lawyer, then ALL communication, or at the very least, MOST communication with the BON from this point on has to gonthrough your lawyer. Over the next 5 years of monitoring, if you have 1 simple question for the BON that requires a simple answer, that must go through your lawyer, so the simple questions and answers can take a month to get an answer and you just put your lawyer to work in contacting the BON and giving you an answer, so that simple question for the BON just added another 400 bucks to your attorney bill.

In your situation, in my opinion only, a lawyer will only slow down communication with you and the BON over the next 4 or 5 years, cost you lots of money, and the benefits of having a lawyer in this situation doesn't outweigh the first part. Again, if evidence against you was very week, I would get a lawyer, but you admitted diversion. That's all they needed. They have you and a lawyer can't fix that. With the evidence they have, a lawyer can't get your time in monitoring reduced so the benefit is basically nothing......In My Opinion. To each is there own. I personally wouldn't hire a lawyer because I'm "anxious" about the BON. I would hire a lawyer based on whether or not they can truly help me and in some situations, they Can. In some situations they cant.