Appeal process

Posted
by Bianca0206 Bianca0206, ADN Member Nurse Student

Specializes in DOU. Has 3 years experience.

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!

2019caadn

2019caadn

Specializes in Mental Health. Has 7 years experience. 4 Posts

First of all, I want to applaud you for your tenacity and drive! Personally when I went through the appeal process for my LVN license it did take about a year and a half in its entirety BUT that was back in 2013 and a different Board, though I believe both the BRN and the BVNPT handle these situations similarly. I also had an hired an attorney that handled the appeal. I also want to clarify that after my attorney received the discovery it was already about 7 or 8 months in at the time. And after extensively discussing the case with my attorney, I agreed with him that If I am offered a probationary license by the STATE, which by the way is what eventually happened, I most likely wouldn't get a free and clear license because of the fact that my 2 misdemeanors were fairly recent at the time, both occurring in 2011 about a month and a half apart, both unfortunately were alcohol related, first hit and run property damage and sadly later a DUI. So when I was offered a probationary license for 3 years, I agreed. I've always regreted my actions, learned tremendous lessons and fully accepted the consequences. Being a nurse is my calling, I truly believe that. It was very difficult and financially costly process with all 19 stipulations BUT doable. I was persistent applied everywhere and luckily through networking with former instructors I found full-time employment as an LVN. You do need to be prepared for it, maybe you will even be able to have your present employer hire you, there will be quarterly supervisory assessments and prior to even accepting employment you will have to most likely get approval from your probation monitor. But it is possible! I made it through all 3 years and then my license was converted to current. Since then I also was accepted into an accelerated LVN to RN Program in 2019 that I successfully graduated and had to submit the same paperwork all over again, this time for the CA BRN. It took about 5 weeks longer than my classmates but I was cleared to test! ATT received on 12/20/2020, took my NCLEX this past Monday 1/6/2020, shut off at 75 questions, and yesterday morning checked BREEZE license verification and YES I'm officially a Licensed Registered Nurse! No matter what your obstacles are, know that it is possible to succeed, it will be very difficult BUT possible!

Bianca0206

Bianca0206, ADN

Specializes in DOU. Has 3 years experience. 30 Posts

@2019caadn thank you for your response!!! It’s so good to finally hear from someone who has gone through the same thing, and prevailed!!! I could cry for you finding out you became a RN!!!! Congratulations!!! I think the way you found out is the way we dream of finding out, and that has been ripped from me. Even though I take full responsibility for my actions there hasn’t been even one speeding ticket since 2012 so I guess I just assumed it wouldn’t be like this...if you don’t mind me asking was the 7-8 months for discovery from your graduation time? Or from the denial? From graduation it has been 8 months, and from the denial it has been 7. Just trying to compare to whatever little info I can get. I know it’ll happen when it happens and people say not to stress on it, but that’s impossible for a type A personality like me lol. Thankfully, my job is super understanding and if I have to accept 3 years probation they have agreed to hire me and we have gone over all 19 stipulations and none of them will be a problem. The best thing I ever did was get my foot in the door at a great hospital before nursing school while still in my pre-reqs. My lawyer talked about first trying to get a letter of reproval, but if that doesn’t work, trying to get a rule out provision to maybe just get 1-13 since I have been voluntarily doing the drug testing since this all started, and I haven’t had any run ins with drugs or alcohol since 2012. We’ll see how it all turns out! Thank you for responding to me!!!

Guest1007726

Guest1007726

137 Posts

On 1/9/2020 at 7:01 PM, Bianca0206 said:

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!

Did you get a license without probation?

Bianca0206

Bianca0206, ADN

Specializes in DOU. Has 3 years experience. 30 Posts

@Dg90339 I did not ? unfortunately I got 3 years probation and hopefully will be starting soon. I signed my stipulated agreement on March 4th 2020.

Bianca0206

Bianca0206, ADN

Specializes in DOU. Has 3 years experience. 30 Posts

@Dg90339 also, if you have any questions, don’t hesitate to ask!! Going through this process is scary! I can go into further detail on why I accepted probation as well if you want me to.

Guest1007726

Guest1007726

137 Posts

5 hours ago, Bianca0206 said:

@Dg90339 also, if you have any questions, don’t hesitate to ask!! Going through this process is scary! I can go into further detail on why I accepted probation as well if you want me to.

I am scared to go for my RN because I have two expunged assault cases that are misdemeanors. One assault with a deadly weapon and the other assault likely to cause great bodily injury. On a positive note I am a LVN so maybe they will see that I am not a threat to patients. I did have my nursing assistant certification revoked. I have talked to nursing lawyers and they said most likely I'd be put on probation. So why did you accept probation? Do you have a job lined up?

Bianca0206

Bianca0206, ADN

Specializes in DOU. Has 3 years experience. 30 Posts

Hi everyone!!
I wanted to give an update, since they are so few and far in between. I have been working as a registered nurse for one month, and have also been on probation for one month as of today!! All of the things you THINK would stress you out during probation, are not really the stressors once you begin probation. Well not for me anyways. I accepted stipulations 1-19, with a rule out of the suspension clause. None of those stipulations have proven to be hard except the drug testing. Once in my nurse support group, I was able to find all of the resources I needed to be able to complete the mental health exam, physical exam, rehabilitation rule out, and therapy rule out. This was actually quite easy, and I would suggest not wasting the money to do it before actually beginning probation since the BRN won’t take it into account, and you’ll have to spend the money to do it twice. Same with drug testing. The best thing I did was get my foot in the door as a unit secretary before applying for my license. I transitioned into my nursing job well, and I have heard that finding a job on probation can be quite the pain. The reason drug testing is the worst for me, isn’t due to staying clean. I have been clean for 8 years. It is getting chosen to test while at work. I am being drug tested about once every 3-5 days right now, and many of those days land on my 0700-1930 shift. I have a 30 minute lunch break and the closest place to my job is 10 min away. This leaves me only 10 minutes to test, and get back to my patients on time. If there is any glitch in the system (when I went last week their credit card machine broke and I had no cash on me), then it will leave you abandoning your patients until you get the test done. It took me an hour ? luckily, my job has been understanding up till this point, but I worry since this is just the beginning. I can’t go after work right now because most places (they use urgent cares) they are first lab approved close at 5pm due to Covid. This has been a real challenge, and my probation monitor (nor any other) are understanding to this. If you miss a test, then you violate and they send you a letter to cease practice, along with your employer, until further notice. Luckily, this hasn’t happened to me yet. Once you actually get on probation, your monitor goes over everything with you including each stipulation, and really makes you feel at ease about the other stipulations. After doing most of the stipulations; I now only have left the 4 NCSBN classes they make you do, drug testing, 1 nurse support group a week, and 1 AA meeting a week. I hope this helps someone else out there!

Guest1007726

Guest1007726

137 Posts

On 7/19/2020 at 2:59 PM, Bianca0206 said:

Hi everyone!!
I wanted to give an update, since they are so few and far in between. I have been working as a registered nurse for one month, and have also been on probation for one month as of today!! All of the things you THINK would stress you out during probation, are not really the stressors once you begin probation. Well not for me anyways. I accepted stipulations 1-19, with a rule out of the suspension clause. None of those stipulations have proven to be hard except the drug testing. Once in my nurse support group, I was able to find all of the resources I needed to be able to complete the mental health exam, physical exam, rehabilitation rule out, and therapy rule out. This was actually quite easy, and I would suggest not wasting the money to do it before actually beginning probation since the BRN won’t take it into account, and you’ll have to spend the money to do it twice. Same with drug testing. The best thing I did was get my foot in the door as a unit secretary before applying for my license. I transitioned into my nursing job well, and I have heard that finding a job on probation can be quite the pain. The reason drug testing is the worst for me, isn’t due to staying clean. I have been clean for 8 years. It is getting chosen to test while at work. I am being drug tested about once every 3-5 days right now, and many of those days land on my 0700-1930 shift. I have a 30 minute lunch break and the closest place to my job is 10 min away. This leaves me only 10 minutes to test, and get back to my patients on time. If there is any glitch in the system (when I went last week their credit card machine broke and I had no cash on me), then it will leave you abandoning your patients until you get the test done. It took me an hour ? luckily, my job has been understanding up till this point, but I worry since this is just the beginning. I can’t go after work right now because most places (they use urgent cares) they are first lab approved close at 5pm due to Covid. This has been a real challenge, and my probation monitor (nor any other) are understanding to this. If you miss a test, then you violate and they send you a letter to cease practice, along with your employer, until further notice. Luckily, this hasn’t happened to me yet. Once you actually get on probation, your monitor goes over everything with you including each stipulation, and really makes you feel at ease about the other stipulations. After doing most of the stipulations; I now only have left the 4 NCSBN classes they make you do, drug testing, 1 nurse support group a week, and 1 AA meeting a week. I hope this helps someone else out there!

I am glad it's all coming together for you.

@Bianca0206

Can you help me?  I just received a letter of denial for my license after passing the LVN boards and I'm devastated.  I can't afford a lawyer and was hoping to get your help.  What kind of documents did you send in order to receive those conditions from the district attorney general?  Right now all I have is 2 sets of the dui program courses, aa meetings, a psychiatrist letter approving my ability to work as an LVN and a bunch of letters of recommendations.

I don't think this is enough, did you send in drug testing to prove you're not dependent on any substances?  

Also I don't have any outpatient rehab, do you think I have to do that too or can I try sending it without any outpatient rehab?

2019caadn

2019caadn

Specializes in Mental Health. Has 7 years experience. 4 Posts

Hi, I'm sorry you received a denial letter but look at it now you know and can take further action. First off, you need to file your appeal within the given time frame. I have heard of some success stories of people receiving probational licenses without hiring an attorney. I feel the paperwork you have works, as far as getting a drug test showing negative in my opinion can't hurt but I don't feel it would help much as it would be a stipulation when you receive a probational license, the required drug tests will be random. Having letter of recommendations and proof that you have completed the legal portion of what ever convictions you have, is what is more important. If you go to the BVNPT website I believe they have a section that would be very informative to you regarding what the steps are to take for appeals. Hope this helps and don't give up! When I went through it in 2012 be prepared that it is a long process but if you feel becoming a nurse is truly what you want, have faith and it is attainable! Good luck!

Bianca0206

Bianca0206, ADN

Specializes in DOU. Has 3 years experience. 30 Posts

@Elliebeanlovesmisterbubbles hi!! I’m sorry it took so long to respond! I didn’t even see your comment!! Can you email me? It would be so much faster!! Let me know where in the process you are!