Published
Recently refused UDS and was reported to DON. At this point the reason doesn't matter but I need to know what options I should choose. Consent to TnPAP or go before the board with attorney. I have heard going before BON isn't the best idea. Any advice or expertise would be greatly appreciated.
I would find out if your state considers a refusal to be a positive (I think most states do). If so, there's nothing to fight. Sign up. Save your license from having a mark on it. You could consult with a lawyer... I just hope they don't encourage you to fight it just so you hire them. You won't need their services if you sign up for TnPAP. But you should still call a lawyer and see what they say. Hopefully you can find one that will do a quick free consult over the phone.
Spoke with the DON at my current job and filled her in on what has happened . She was very supportive and encouraged me to fight and go to BON. She offered to do weekly UDS and to write a letter of recommendation to the board when I have my date. The only thing I keep thinking is if I go ahead and decline the TnPap and fight my case they will just force my hand to do the program anyway and I'll be left with permanent record on my license. Are my odds better with an attorney and support of employer? Honestly I want to take my chances not because I think I'll win but because I don't want to sign consent for TnPap and admit guilt to a false accusation. Going to see attorney today. Hopefully he will say something that will help me find peace with my decision.
You can't go back in time and retake the test, nor are they obligated to offer a retake to you and your spouse. So it's time to go to Plan B: face the BON and fight. Get a lawyer versed in nursing matters (obligatory TAANA Executive Office - Home link) and don't talk to the board without that lawyer's advice.
If you are truly innocent, you do NOT want to go through TNPAP. First of all, you'll be sacrificing valuable liberties, time and money out of your own pocket just to jump through their hoops for years. Second, you could possibly have restrictions placed on your license, which will make the search for the next job all that much harder.
And last, if you're in TNPAP, you're going to have a hard time selling anyone on your innocence. Even if you can provide solid proof of that innocence, people are going to think the worst anyway: "Oh, OP says she didn't do it...but then why are they in TNPAP, hmm?" Mention that you're in TNPAP, and most people will have mentally tarred and feathered you before they hear your side. That's neither fair nor kind to you...but it is what it is.
IMO, I wouldn't give this up easily.
Best of luck whatever you decide.
Here's an article for you...
ruby_jane, BSN, RN
3,142 Posts
^ He's right.^
Lawyer up and let the lawyer speak for you. Find one who's got a lot of experience with the BON in your state.