Appeal process

Nurses Criminal

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Hello everyone!
I’ve read, and read, and read every single post regarding criminal convictions on this site for a while, and finally decided today that it was time to write and ask some questions. Between 2008-2012 I got in a lot of trouble. I got 3 possession of a controlled substance, and one petty theft under 50$. In 2016 I had my record expunged completely, and in 2017 I got accepted first try into the nursing program. Prior to entering; I called the BRN (California), but they said it was a case by case basis, but they thought my charges weren’t too serious and I would get licensed. I spent the whole length of my ADN program preparing for the day I would apply for licensure, and May 1, 2019 I applied. I had 7 letters of recommendations from instructors, nurses, and multiple Directors of Nursing from the hospital I worked at (3 years as a unit secretary of ICU). June 21 I received my denial letter, and July 9th I appealed. I was granted the opportunity to take my NCLEX, and I sat on August 10th where it shut off at 140 questions. I got the good pop up at least 100 times but since they weren’t releasing my results to me, this was all I could live off of for months! I hired an attorney who eventually got my result from the Deputy Attorney General and I found out I passed, but they would not release my license number until the appeal is closed. From August-December I twiddled my thumbs (while working in the hospital still) and worked on building evidence for my case that I would eventually have to present. I do drug testing through a 3rd party company called Professional Monitoring LLC and Affinity Health, I volunteer, I have taken nursing courses like (stroke training, dysrhythmia 4 day course, PALS, etc), and have had a community of people write me new letters. On December 7th, 2019 I received my Statement of Issues where the Attorney General based out of San Diego listed my charges, but also put my recovery efforts in there as well (completed rehab in 2010, sober living in 2012). Now I am waiting for the hand off of discoveries and to be put on calendar for an Administrative Hearing. If you have read this far, my question is: how long does it take to get put on calendar for an Administrative Hearing? It has been a month and 2 days minus a few days with the holidays that just recently passed. I am so anxious to turn over my mitigation package and get this thing finally going. I do have a lawyer, but emailed her a few days ago with no response so far. I’m wondering if there is a time limit for the Attorney General to give us her Discovery. Any information or past history with this same process will help so much!!

if I left anything out I have no problem answering questions as well! I was trying to write this during bath time for my 2 toddlers!
Thanks for your help!

Specializes in DOU.

Hey guys!! I thought I would stop in for another brief update!! I have been on probation for 5 months so far, and everything was going great! The testing can get tedious due to having to go 3-5 times a month, but for the most part, it works well. Up until October 21st when I got the scariest phone call of my life from a MDO at first lab! They said I popped positive for codeine, and I do NOT take anything! Not even ibuprofen! We went through things I had eaten and came to find it was probably a bagel I had eaten (an everything bagel). I didn’t even believe that it could register a positive result because I had only eaten 4 over the course of a week, but it did! They broke my test down through a process called GCMS which breaks down the concentration levels. They could see my levels were low but told me unfortunately, there is no test that can say “hey this was a bagel!”...no ***. 
so I got a call from my monitor and the next day I was given a violation notice. 7 days to respond to their notice or my license would be gone. They asked for an account of what happened, and a plan of action on how I was going to prove my innocence. I went straight to offering to take a hair test as it goes back 90 days and would cover the time they were saying I tested positive which was my October 16th test. I didn’t hear anything for a few days and then the Monday I was supposed to work; I got chosen for a 214$ “Special test” at concentra. They don’t tell you the place or time. You have to call fssolutions and ask at 8am, but at that time I would have already been at work, and they can send you an hour away in any direction. I chose to miss work, and go do my test which took, get this, EIGHT hours! The whole week I was worried about losing my license. I knew this had to go perfect or they would send it back to the DAG, and it would sit under investigation for 8 months. I just got my license last June ? 

well, I passed, obviously, but they make you feel like you did something wrong even when you didn’t. I was treated like some fiend by my monitor who could not offer me any type of recommendations or help in this process. My probation monitor is a real peach if you know what I mean LOL. Anyways, aside from that little slip, which still counted as a violation even though it was a food product (it gets listed on your violation as a food), it has been going well. I’m almost 6 months in, and will update when I file to come down on my supervision and get quarterly work performance evaluations.

if anyone has any questions do not hesitate to ask! 

Specializes in Oncology; Psychiatry..

you will get through this! It is so discouraging when things like this happen, but know that you will come out of this on the other side.  These programs are terrible, punitive, and corrupt--fly under the radar while still being aware of everything and anything that could impact your length of stay in the evil program.

Sending positive energy your way.  

I recently finished (July 2020) the 5 year program in NJ (fssolutions--horrible entity).  You got this. ❤️

1 Votes

I know this is late, I'm sorry y'all going through all this. Im in NY I was convicted to a felony back in 2013 did 18 months and 12 months probation. NYS allowed me to take the exam however because I said yes I ve been convicted of a crime which I had to disclose I had to have a hearing ect... which will be sometimes this week "virtual" due to covid. I just don't know what to expect are they going to make their decision right away or will I have to wait another year. Mind you this was for my LPN and I already went for my RN and passed the NCLEX last week so it's been over a year dealing with the state. If someone's been to a hearing please share your experience. 

Specializes in DOU.

@PNGrad2001 hey!! So, I never went to a hearing, but I got pretty close! If they determine you need probation from your conviction then it rolls over onto the next license is what my understanding is. I don’t really know the whole situation (what the offense was, how many total you have had, etc..) so it’s hard to make a determination of what could potentially happen. I’m also in California as well. Please keep us updated on how it goes! 

1 Votes

my hearing (for my LPN) was tomorrow, and yesterday they posted my RN license online. My lawyer advised me to whithdrawl my Lpn application  what are they looking for now you can't win with these people now  I got home status says inactive. Now what I have to start all over a gain? this situation was with Ny LPN but I continued my education why is my RN inactive im feeling giving up this is too nuch

Specializes in CCU.

Hey Bianca0206, ADN. I wanted to ask if there was any way I could email you to discuss an issue similar to yours. I’ve been on probation since November of 2020. I finally found a job and they randomly said I was positive for marijuana in a random drug test. I absolutely never took marijuana but they still fired me and reported that to the board. At this point, I will be in violation with the board if there’s not another way to prove my innocence. My question is also, once the board knows you were fired and you had a positive drug test...do they automatically take your license away? Do they wait until the next board meeting to give you a new consent order? Please, I could use any help I could get

Specializes in DOU.

@Kpp1234 Yes please email me!! Do you have my email?

 

Specializes in CCU.

I do not, if I could get your email that would be great. I would love to discuss this with you!

Specializes in DOU.

@Kpp1234 I just sent you a private message! 

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