Anyone volunteer into monitoring and then voluntarily leave

[smilemk0]

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

[smilemk0]

Who would make you surrender your license? The monitoring program does not have that authority here in this state and the board would report you to OIG not the monitoring program.  And they would only report you if they had something to report. They would first “open an investigation” and in this there is nothing to find. And as I said, the monitoring program can not give out health information if the authorization to do so has been revoked. But that sounds like that’s just how this state does it. 
 

 

Still just wanting to find anyone that’s ever done something like this as she has a very good reason to  exit the program 
 

 

[hppygr8ful, ASN, RN, EMT-I]

5 hours ago, smilemk0 said:

Who would make you surrender your license? The monitoring program does not have that authority here in this state and the board would report you to OIG not the monitoring program.  And they would only report you if they had something to report. They would first “open an investigation” and in this there is nothing to find. And as I said, the monitoring program can not give out health information if the authorization to do so has been revoked. But that sounds like that’s just how this state does it. 
 

 

Still just wanting to find anyone that’s ever done something like this as she has a very good reason to  exit the program 
 

 

I know of only one person in California who was successful in getting out of his program. In California there is no proviso in the contract to be able to volunteer out of the program. He had to petition the BON to be released from his monitoring contract it took 3 months to go through. When you leave the program without BON Approval you are considered to have relapsed and will be reported to the Board. The Board of health and the board of nursing are two different entities. There is no HIPAA protection for nurses in the program once you sign on the dotted line they own you.

Still it would be best to consult an attorney in you state who is familiar with professional practice issues as contract laws can vary from state to state.

Hppy

[smilemk0]

This just simply Is not true. At least not in this state and I would encourage anyone in any state to know their rights. You do not lose your right to HIPAA by joining a monitoring program. You do not.  And you state “if you leave the program without BON approval you are considered to have relapsed” as if this is true across the nation. 
 

Please realize each state is in fact different so spreading some of this misinformation causes fear and people to not know their rights.  

[OhioRN1234]

3 minutes ago, smilemk0 said:

This just simply Is not true. At least not in this state and I would encourage anyone in any state to know their rights. You do not lose your right to HIPAA by joining a monitoring program. You do not.  And you state “if you leave the program without BON approval you are considered to have relapsed” as if this is true across the nation. 
 

Please realize each state is in fact different so spreading some of this misinformation causes fear and people to not know their rights.  

 

3 minutes ago, smilemk0 said:

This just simply Is not true. At least not in this state and I would encourage anyone in any state to know their rights. You do not lose your right to HIPAA by joining a monitoring program. You do not.  And you state “if you leave the program without BON approval you are considered to have relapsed” as if this is true across the nation. 
 

Please realize each state is in fact different so spreading some of this misinformation causes fear and people to not know their rights.  

I would read some contracts online and see for yourself what they own. You have no rights when your in monitoring. You grovel and keep your head down and pray nothing crazy happens or they decide to single you out. 

After waiting three years to get my contract and three more to get through the hell, they owned my life. It was the most dehumanizing, embarrassing, expensive, awful experience of my life. 

Mine was public and in Ohio which is another animal. Whatever state your friend is in sounds too good to be true. I fervently hope I am wrong. 

[smilemk0]

Yes. The public thing is crazy - that isn’t here for sure. And yes Ohio seems insanely more wicked than others that’s for sure.  Based on what she signed her rights are not stripped as yours were. 
 

Would love to read an Ohio contract. Sounds insane. 

[AbbeyR, ADN, BSN]

OH is one of strictest monitoring programs in the country. I’ve know nurses that just end up permanently giving up their license in that State b/c their requirements pretty much set you up fail, then the states hands are clean b: c they say they gave you a chance 

[hppygr8ful, ASN, RN, EMT-I]

12 hours ago, smilemk0 said:

This just simply Is not true. At least not in this state and I would encourage anyone in any state to know their rights. You do not lose your right to HIPAA by joining a monitoring program. You do not.  And you state “if you leave the program without BON approval you are considered to have relapsed” as if this is true across the nation. 
 

Please realize each state is in fact different so spreading some of this misinformation causes fear and people to not know their rights.  

OK so you asked the question and I answered it from my states perspective. The Contract you sign in California requires that you give the BON complete access to all your medical records. If you refuse you will not be allowed in the program. If you change your mind and decide to quit the contract in California consideres you to have relapsed. If you want out of your contract you must petion the BON. It also states if any part of the contract is found to be illegal or invalid all other parts remain valid.

I consulted an attorney so I knew what I was signing up for. Stilll your answers appear to be state specific so you would be better served to consult and attorney experienced with professional practice issues in your state. 

[hppygr8ful, ASN, RN, EMT-I]

10 hours ago, hppygr8ful said:

OK so you asked the question and I answered it from my states perspective. The Contract you sign in California requires that you give the BON complete access to all your medical records. If you refuse you will not be allowed in the program. If you change your mind and decide to quit the contract in California consideres you to have relapsed. If you want out of your contract you must petion the BON. It also states if any part of the contract is found to be illegal or invalid all other parts remain valid.

I consulted an attorney so I knew what I was signing up for. Stilll your answers appear to be state specific so you would be better served to consult and attorney experienced with professional practice issues in your state. 

Oh and just for giggles I went to the MA BON'S website and looked up their monitoring program. The contract states that you (The monitored) give consent for the BON and the monitoring agency to have "Complete" Access to all past and present medical and psychiatric doctors and well as dentists and any other professional involved in your care. It also states that you acknowledge you drug screens will be sent to the BON, It also requires that you download and fill out consents for the BON and the monitoring agency to be able to receive complete treatment records including procedures and medications for the full term of your contract. So in essense when you enter a monitoring contract in MA you are effectively waiving your HIPAA protections.

No one here is trying to scare people with false information. In fact you have made assertions that are materially false which may impact a persons ability to understand their contract. 

[hppygr8ful, ASN, RN, EMT-I]

On 1/12/2021 at 8:34 AM, smilemk0 said:

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

BOard of health and board of registered nursing are two different things

 

[smilemk0]

In this state, the Board of Nursing is under the Board of Health umbrella so saying they are notifying the board of health most likely means the board of nursing. 
 

and yes - California and Mass are very different than the contract she signed.  Very very different. 
 

lesson here is it is very state specific and to do research  as your own state because experiences in other states may not be even close to your own 

[hppygr8ful, ASN, RN, EMT-I]

21 hours ago, smilemk0 said:

In this state, the Board of Nursing is under the Board of Health umbrella so saying they are notifying the board of health most likely means the board of nursing. 
 

and yes - California and Mass are very different than the contract she signed.  Very very different. 
 

lesson here is it is very state specific and to do research  as your own state because experiences in other states may not be even close to your own 

I always dislike the poster who comes on the board and asks a question and when members give honest well thought out answers the OP just wants to argue the point that they are right. Why ask a question if you are not interested in the answer. (Bewildering) 

We could probably give a better answer if we knew the state you were talking about. 

On another note I spoke to my sister who is a contract law attorney about one party being to walk away from a contract and here is what she told me. I sort of knew this already but it might be helpful to others

"When people sign a contract all parties agree to abide by what is in the contract. Contracts are formal agreements made between 2 or more parties. No one party can simply walk away from their contractual obligation because they don't want to do it anymore! All parties must agree to let one or more parties  exit from the contract if not and the person leaves the contract anyway there can be civil and legal consequences for the person who breaks the contract." 

This applies to contracts in general from purchase agreements, leases, work, and legal contracts.

Hope this is helpful.

FYI people on this board are all going through something the average person could not even fathom. Couple the stress of early recovery with the stressors of a monitoring program that seems designed to break them is daunting and the fact that they are taking time to try to helpful to you speaks a lot to their character. 

Hppy

[smilemk0]

 

2 hours ago, hppygr8ful said:

I always dislike the poster who comes on the board and asks a question and when members give honest well thought out answers the OP just wants to argue the point that they are right. Why ask a question if you are not interested in the answer. (Bewildering) 

We could probably give a better answer if we knew the state you were talking about. 

On another note I spoke to my sister who is a contract law attorney about one party being to walk away from a contract and here is what she told me. I sort of knew this already but it might be helpful to others

"When people sign a contract all parties agree to abide by what is in the contract. Contracts are formal agreements made between 2 or more parties. No one party can simply walk away from their contractual obligation because they don't want to do it anymore! All parties must agree to let one or more parties  exit from the contract if not and the person leaves the contract anyway there can be civil and legal consequences for the person who breaks the contract." 

This applies to contracts in general from purchase agreements, leases, work, and legal contracts.

Hope this is helpful.

FYI people on this board are all going through something the average person could not even fathom. Couple the stress of early recovery with the stressors of a monitoring program that seems designed to break them is daunting and the fact that they are taking time to try to helpful to you speaks a lot to their character. 

Hppy

Not arguing. Having a discussion means discussing both points. The state is TN. Thought that was mentioned at some point. 
 

It’s too bad you “dislike” someone you do not even know. And I know ALL TOO WELL what the people responding to this post are going through - as I am too.  I am going to assume also that you assume I am not going through the same thing. Your assumptions are wrong.  I have been in my program for 2 years  

 

The contract she has signed says she may “voluntarily leave the program at any time by sending in a request to do so in writing and the Board of Health will be notified of closure of the case.” 
 

That is the only thing that the contract says or references in regards to notifying anyone and the only thing signed in regards to the monitoring program. There is no fine print or any other part to the contract.  It does all say that any authorization of communication, I.e. with therapists, doctors, ect may also be revoked by simply writing of the participants want to do so and at that point no more information may be exchanged. 
 

The lawyer we met with today and read the contract said that the “notice of closing the file” is that and only that and if the authorizations are revoked at the same time as writing to leave the program then no medical information could be shared with anyone who has not been authorized to do so (which would be no one as those authorizations have at that point been revoked, which in TN (and I assume all states but maybe that’s wrong) you must give specific authorization for your health information to be shared).

He said many other things about some points I brought up that have been brought up in this thread and does not see how most of them have legal ground and wondered if anyone has ever challenged them legally. I wonder the same thing.