Applying to new state

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Anyone move to a new state while awaiting court for a DWAI and get accepted by that BON? 

 

This is done not infrequently.  The new state reports to the old state. If you can be choosy pick a state with a shorter monitoring agreement or easier monitoring agreement.  

Have said this 10 times on here and will say it 11 times. As of 2025, when you move from State A to State B. Yes, State B (the state you move to) will do your monitoring and report your drug tests to state A (the state you moved from). But....if the state you moved from gives you 5 years and the state you move to gives you 3 years, you are still on the hook for the 2 years with the state you moved from After you completed the 3 years in the state you moved to.

How do I know? It happened to me. It also Is happening to 3 different nurses I'm in recovery meetings with right now. Back as recent as 2 years, this trick was done many times and Nurse Boards are more than aware of it and clamped down. It use to work. It doesn't anymore.

The state you moved from is still a state that legally has you. You got into trouble in that state. They, in 2025, don't care if the state you move to says 3 years. You are still Under Consent order in 2 states at one time and when the state you moved from gives you a consent order that says 5 years of proven sobriety/Monitoring as one of their conditions, you are legally Obligated to those 5 years Regardless of whether the new state says only 3 years. So, keep this in mind before you make a move to a supposed "3 year state" and assume everything is done and over and final at the 3 year mark. It use to be that way, but it's not anymore. The old state (the state you moved from) will likely still require you to do 2 more years of monitoring EVEN while living in the other state across the country. Yes, they legally can do this and they Do do this, especially in 2025.

Of the 3 nurses I mentioned above, 2 of those 3 nurses moved From the State of Texas. The two in Texas are living in a Mountain West state and got 3 years. They are now no longer on probation or consent order in their Miuntsin West located state.. Their licenses are UNencumbered and totally in the clear in and no longer on any consent order, but guess what, they are finishing up Texas (where they don't live and don't practice in). They had to extend their monitoring in the Mountain West for the remaining two years and are in Voluntary (NON Board Referred Status) in the the Mointsin West state's monitoring program just in order to be able to keep testing in order to please Texas. 

I'm telling you, this happens and for anyone entering monitoring in 2025 for diversion that gets 5 years, if you move to a 3 years state, you are the RARE exception to the rule if you are done with the old state at the 3 year timeframe. Not only the above, the 2 nurses in the Mountsin West state both had to Renew their licenses in Texas to be able to cover the last 2 years and asked if they get let their licenses expire. Texas told them Nope and not only that, if they didn't renew, it's a violation of the consent order and their licenses would be revoked, which leads to chaos in all states such as OIG exclusion, etc., so the old state legally and figuratively has them by the ba&&&s for the full 5 years, even though they haven't lived in or visited or practiced in the state of Texas in 4 years and even though their licenses are completely normal (no probation, c9nsent order is over, unencumbered) in their Mountain West state.

So, to answer the original question, you certainly can move to a new state and get "Accepted" by the new states BON. The problem is, you are unfortunately "Still Accepted" by your original state that you are moving from and got in trouble in. You are still connected at the hip with them.

As I eluded to in the previous post. Most nurses that move put all of their worries in the New State or the State they are moving to. That shouldn't be the worry. The worry is the Old State, (the state you are moving from) which likes to hold on and not let go and legally, they don't have to let go since you got in trouble in their state (the old state).

I mentioned 2 nurses who moved from Texas in the previous post. They aren't just continuing to have to test in their new state, they also have to do a 65 dollar per week Zoom Meeting from across the country for a Peer Support Zoom Meeting in Texas to meet the Texas Boards Peer Support requirements. Texas wants the meeting in THEIR state (money money).

Moving is Far More than simply "having the new state send your drug testing report to the old state". The meeting I mentioned meets at an exact time and day of the week and effects their work schedules and life, is 65 bucks each week, and they still have to pay program Support fees monthly to the state of Texas EVEN THOUGH they aren't drug testing in Texas. As mentioned, they got a "3 year sentence" in the state they moved to and are finished with the new states 3 year requirement and licenses are normal and off probation and off consent order in the new state, but are still drug testing in the new state to meet Texas requirements. Also, guess what? No night shifts or community health or home health and still a supervisor report must be sent quarterly to Texas in order to meet Texas's 5 year requirement, and all of this while practicing in a state where they haven't lived in years (Texas) and that State (Texas) literally can effect/restrict their current practice in the New State where they aren't even under consent order or probation anymore and license is completely normal and unecumbered. These 2 met in rehab. Yes, they got a lawyer to try and fight this, actually saw two lawyers and both attorneys told them there is nothing they could do since they signed the consent order in Texas years ago and are legally obligated to it. 

 

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