Anyone volunteer into monitoring and then voluntarily leave

Posted
by smilemk0 (New) New

Has 1 years experience.

Trying to find anyone that has left monitoring before their contract was up. Not kicked out for any reason, just simply left. 
 

I do not want any opinions on what might happen if one were to do this - just trying to find at least one person that has actually done it - should that exist haha

TIA

OhioRN1234

201 Posts

Everything I have read is that if you leave you can/will be reported to the OIG list. Once you sign you are stuck. Unless you fine with being reported and surrender. 

I hope I am wrong here. Anyone else have info? 

smilemk0

Has 1 years experience. 14 Posts

What is OIG? The contract says they will notify board of health of “closure of file.”  They wouldn’t be allowed to report anything else as it’s all protected healthcare information of all releases signed are revoked - which is also stated in the contract can be done by simply writing it be done. 

hppygr8ful, ASN, RN, EMT-I

Specializes in Psych, Addictions, SOL (Student of Life). Has 20 years experience. 2 Articles; 4,292 Posts

The OIG is the Office of the Inspector General. You can be reported to the OIG if you were involved in any type of crime R/T your addiction. If you are on this list you cannot work for any facility that receives federal funding .Translate that to you can't get work anywhere.

Criminal activity is not covered under HIPAA.

Hppy

 

smilemk0

Has 1 years experience. 14 Posts

And if no criminal activity of any kind was involved?

ruby_jane, BSN, RN

Specializes in ICU/community health/school nursing. Has 13 years experience. 3,141 Posts

This is worth talking to a lawyer who specializes in this subject. There are too many variables including the individual states' Boards of Nursing. 

smilemk0

Has 1 years experience. 14 Posts

For sure - just asking if anyone knows anyone who has gone through it. 

AbbeyR, ADN, BSN

Has 23 years experience. 191 Posts

Definitely talk to a lawyer. Unfortunately by volunteering to sign a contract they’ll hold you to it and if you try to leave before that you’ll most likely be reported to your State BON for non compliance 

smilemk0

Has 1 years experience. 14 Posts

Per her contract they can only notify the board of health of its closure. 

OhioRN1234

201 Posts

2 hours ago, smilemk0 said:

Per her contract they can only notify the board of health of its closure. 

If thats the case than it sounds like she is very lucky. I have never heard of any of our information being 'protected' illegal activity notwithstanding. We have lost all of our rights to personal health information or the rights that come with healthcare/addiction/mental health issues.  

She needs to have a lawyer look at this very closely. Every situation like this that I have heard of results in them being reported to the board and any chance of getting through this nightmare with no public discipline are totally gone. 

Ohio doesn't even allow for self reporting people to go through a program where you can have no public record unless you get into their 'alternative to discipline' program which accepted 15-20 people last year. out of hundreds and hundreds. What a joke. 

smilemk0

Has 1 years experience. 14 Posts

Is this loss of right stated in your contact you sign? And you are not able to withdraw from that contract? 
 

I think I have heard Ohio is one of the worst states. But your mental health records should never be not protected. And yes - in this state there are not two separate programs for discipline vs no discipline. It’s all one program and I assume if you do get in legal trouble or caught at work to whatever the board would decide on discipline or not. 
 

and even if she were “reported to the board,” here they can not just tell all your personal records. If that is the case in Ohio then your rights are being heavily infringed upon and sounds like an easy case to win civil suit wise. 

OhioRN1234

201 Posts

Just now, smilemk0 said:

Is this loss of right stated in your contact you sign? And you are not able to withdraw from that contract? 
 

I think I have heard Ohio is one of the worst states. But your mental health records should never be not protected. And yes - in this state there are not two separate programs for discipline vs no discipline. It’s all one program and I assume if you do get in legal trouble or caught at work to whatever the board would decide on discipline or not. 
 

and even if she were “reported to the board,” here they can not just tell all your personal records. If that is the case in Ohio then your rights are being heavily infringed upon and sounds like an easy case to win civil suit wise. 

The loss of rights is essentially signed yes. If I were to have withdrawn for example, I would surrender my license and be reported to the OIG. Forget getting a license in anything again. Massage therapy, dental, etc. Any licensing body will not touch you. 

If I were to have gone to a therapist, I would have been REQUIRED to give them the contract and the board full authority to request any and all information from that therapist. There was no protection. Handing that paperwork to my dentist was humiliating. 

A really good look at the contract would tell her what she signed up for. In Ohio for example they are written with such ambiguous language the board probably owns our souls too. Lawyers who have reviewed them are appalled at what we sign. There is very little to no room for negotiating or altering them in anyway. Nurses who are admitted for psych issues, suicide attempts, or reach out for help are punished. Severely at times. Just as those who stole drugs or fell into illicit use outside of work. 

As for a civil rights case, we signed the contract. Our license is given to us as a privilege not a right. Along with that privilege comes expectations and if you break them the board or their equivalent monitoring agent owns us. 

For example: If I went to the er: med report along with doctor contact information within 24 hours. I was terrified of being hospitalized. New job: consent agreement given before accepting work, super fun during the interview. You have to walk out and send an email before accepting employment. reports by my boss every quarter. Any time you contact you monitor you better confirm in writing that they got it, if you didn't YOU are out of compliance. Drug test login daily: all self pay; blood, urine, hair, nails. No leaving the country: No testing sites, I missed my brothers wedding. Let them know weeks before a vacation to be told where to test: got selected to drug test nearly every vacation. Better make sure the girl at the lab does your drug test correctly, if its wrong its considered positive. You are out of compliance. Nothing like finding a testing site to observe you urinate during a pandemic. 

I really hope your friend has an easier time and less of a hellish solution. So many nurses sign up for these programs to do the right thing and are punished severely.