Any advice on representing myself?

Five&Two Will Do · Jul 5, 2011

I just found out I have an accusation against my license. I am a Rn and I havent worked in over two years due to a mental breakdown. I was on an assignment in a state far from my home when my husband came to visit he was killed. I went thru alot..Long story short I returned to finish out my assignment and was mentally not prepared although I didnt recognize it at the time. I didnt document a few narcotics as shown on the accusation, of course I'm sure there were antibiotics and all sorts of things not done. I am not sure I will even return to work and certainly not in this state, but would like to attempt some sort of defense. I absolutely cannot retain an attorney. Is it best to just let them revoke or should I write them? Does anyone have any advice at all on representing yourself? I don't live in this state and couldnt afford to fly there to appear. Please offer any advice. I am slowly coming back around to being myself, but grief has nearly killed me. I am still in counseling. I don't know what to do anymore. Thank you

First let me say that I am so sorry for your loss. As if you have not had enough to deal with, your integrity is now inquestion. I think your idea of writing to that board of nursing would be a good place to start. Open the dialogue and perhps your counselor may be able to help you in the future so much as vouching for your mental status etc. Most Nursing boards have special programs for nurses that have been caught diverting narcs, and it does not necessarily mean that your license would be suspended regardless of what they decide(guilty or not). There is hope and you can overcome. One foot in front of the next doing the next right thing whatever it appears to be. And if you are not sure wht is the next right thing, ask someone to help you make the decision. I am sure my words do not carry much weight since you do not know me, but I thought I would offer them anyway. Good luck:)

caliotter3 · Jul 5, 2011

Take some form of action. If you let it slide, you can assume they will, by default, take the most harsh action against you. You may have no plans to work in that state in the future, but adverse action against a license in that state will affect any other license you hold or hope to obtain in the future. If you do nothing more than correspond with the Board by letter, take some form of action. So sorry to hear of your loss and your emotional problems. Hope things start to sort themselves out for you as time goes on.

foraneman · Jul 5, 2011

As has been mentioned, ignoring the action almost guarantees that your license in that state will be revoked, which also means that you will be reported to the national practitioner data bank. The revocation of a license in one state most often triggers revocation of any license you might hold in another state. In the end there is no way to reinstate any of the licenses without doing what you needed to do in the first place, respond to the state that had the original complaint against you. You do not say whether you currently hold a license i the state where the complaint exists, however this actually matters very little. Even if your license in that state has lapsed due to non-renewal, they can and will classify it as revoked.

You are now in a rather difficult situation. Each board of nursing operates under their own rules and they reach across state lines unlike any other government or judicial entity. Their affect on you in one state can ruin your career in all others, despite the fact you do not work or live there, or ever plan to. The ONLY best advice is, unfortunately, you MUST hire an attorney who is experienced in representing nurses in front of the board in that state. Any other strategy on your part must be undertaken with the realization that you most likely will lose your nursing license.

Since you have not named the state, I can only speak in generalities. As I mentioned, every state nursing board operates under their own unique rules and some states are known to be very punitive while others have certain programs in place to deal with an RN who is accused of diverting narcotics, which is what is happening here, let's face it...this is not just a charting error complaint. Depending on what state this is, I can tell you what the BEST outcome you could expect from representing yourself and doing all of this over the phone and through the mail: You would enter into an agreement with the board which would likely require you to be evaluated by an addictionologist and you would be required to undergo any treatment he recommends. For a period of time, most often 5 years, you would be required to be monitored by the board which would include monthly random drug screening and periodic reports from your employer, should you have one, as well as attendance at support group meetings. Again depending on what state this is, they MAY allow you to enter into a monitoring program in your state to satisfy the requirements, which makes things MUCH easier. In addition, your license may be suspended or revoked for a period of time (12 months is not uncommon). You will NOT be successful in arguing your 'innocence' or that you did not steal the drugs and take them yourself...even if this is the truth. As I said, this is about the BEST you can expect, so do not be surprised if the outcome is much worse.

I do understand the difficult position you are in both financially and emotionally. From what you said it sounds like you are not working as an RN and have not since finishing the assignment 2 years ago? Also, since you mention 'appearing' in the other state have they sent you a notice of a hearing? Has their investigator spoken with you? Remember that you have the right to remain silent and that ANYTHING you say can and will be used against you by the board. You have a right to the see the complaint the board is bringing against you, which must state specifically what the allegations are. You have a right to the documents the board is relying on as the basis of the allegations, including the medication records in question. I assume that the facility you were working in is the entity which filed the complaint with the board? Did anyone from that facility ever speak with you? These are all things that an attorney would make sure were covered and could challenge on your behalf. Your ability to address these issues will be very likely far less successful and, I hate to say it, not taken very seriously by the board. Boards see themselves as above the law and all powerful....and unless you have a good attorney experienced with dealing with the board, they are.

jackstem · Jul 5, 2011

Is there no one willing to lend you the money? Parents, siblings, other relatives or even good friends? Just as you would seek medical attention without insurance if you had a life threatening illness, so too, you need to seek legal counsel when there is the possibility you could lose your professional license.

Attempting to handle your own case may not lead to revocation, but many nurses end up with a variety of sanctions on their license which effectively prevents them from finding employment. A restricted license can be as damaging to your career as a revocation.

I too offer condolences for the loss of your husband and the difficulties you are facing professionally. Let us know how you're doing.

Jack

foraneman · Jul 5, 2011

Is there no one willing to lend you the money? Parents, siblings, other relatives or even good friends? Just as you would seek medical attention without insurance if you had a life threatening illness, so too, you need to seek legal counsel when there is the possibility you could lose your professional license.
Attempting to handle your own case may not lead to revocation, but many nurses end up with a variety of sanctions on their license which effectively prevents them from finding employment. A restricted license can be as damaging to your career as a revocation.
I too offer condolences for the loss of your husband and the difficulties you are facing professionally. Let us know how you're doing.
Jack

Agree wholeheartedly.... :yeah: