CA BRN investigation

Published

02/2024

I recently received the devastating email from CA BRN informing me of the intervention program. I have not received anything else,  tho this is fresh, just a few days ago. My employer reported me to the BRN that they are suspicious I was under the influence of something. No testing was done.  I have a RX for norco due to having surgery on a displaced fracture. I was in a lot of pain that I took a norco before going to work. I was on my 7th day of working, I over worked my injury and therefore had significant pain.  I had not taken the norco since my post op day #3 which was some months ago. I have been clear to return to work and returned November.  

Question:  do the majority that are under investigation by the BRN EVENTUALLY get placed on probation?

 It appears that almost all with an Accusation are placed on probation. 
Please share insight, light and or advice, desperately awaiting a response! 

thank you all 

bayarea123 said:

Hi I was wondering if your email you received from the CA-BON looks like the one I received? 

At first, I thought it was just a general email all licensed RNs got, but after some thought, I realized that I received the email around the same week  I was having issues at work/discipline related to performance/mental health,

Has anyone else received this email? If so, did you end up joining?

interventionEmail.thumb.png.28f48149ae5abf21f10b5310ae50f3c5.png

Can you contact a lawyer to see if you would fsce consequences if you don't join? 

The nurse has to respond and simply can't just avoid the Board. The nurse can get a lawyer and the lawyer can start the negotiations on whether the nurse has to join/ shouldn't need to join/chemical evaluation when and where, etc, but the nurse has to respond either personally or with an attorney. By not joining when the BON is mandating it and simply not responding, the BON would suspend the license at a minimum. They could even revoke it. 

Steven Thompson said:

The nurse has to respond and simply can't just avoid the Board. The nurse can get a lawyer and the lawyer can start the negotiations on whether the nurse has to join/ shouldn't need to join/chemical evaluation when and where, etc, but the nurse has to respond either personally or with an attorney. By not joining when the BON is mandating it and simply not responding, the BON would suspend the license at a minimum. They could even revoke it. 

That should really be included in the email.  This could be misunderstood as an FYI email.  I would have thought so and deleted it if I got it (can't tell you how surprising it was when I was contacted about a monitoring agreement). Are you still on any boars? It seems you think a lot of it is bs. Are you doing anything to work for change? 

Healer555 said:

That should really be included in the email.  This could be misunderstood as an FYI email.  I would have thought so and deleted it if I got it (can't tell you how surprising it was when I was contacted about a monitoring agreement). Are you still on any boars? It seems you think a lot of it is bs. Are you doing anything to work for change? 

I'm no longer on any nurse board. I was on California's Board, moved to Idaho, smoked weed and alcohol, diagnosed with SUD, did 5 years, finished 7 years ago. I now live and practice in Indiana and work for a recovery center as a Psych Nurse Practitioner and half of my job is research at a Universty and lecturer. I'm also a PhD. My passion is leading and teaching recovery groups including Smart Recovery and AA and working with nursing boards across the county to GET ON ONE SHEET OF MUSIC. I am working closely with the NLN to get standardized guidelines for all 50 states to where a recovery/monitoring program in state A is nearly Identical to states B, C and D. 

It's a long process but we will be there in 3 years in my opinion. The data and research is there. It's clear. It's overwhelming, but getting all nurse Boards on board is difficult because of ignorance, corruption, and emotion. 

Here is what a Recovery Monitoring Program will and should look like.

A. For those diagnosed with an SUD or SAD (substance abuse disorder) that did NOT divert at work.

4 years of monitoring, completion of an IOP and Aftercare Program for one year, and license suspended with stay until thr IOP program (6-8 weeks) is completed, 3 month narc restriction when returning to practice, mandatory 3 recovery meetings per week for the full 4 years, Mandatory Employer reports for 1 year only after returning to practice due each quarter, an average of one urine drug screen monthly with one hair test every 3 months, check in Monday through Friday only. If thr. Use relapses, automatic suspension for one year and the process starts all over. If the nurse relapses again, automatic revocation.

B. For thr nurse who has a diagnosis of SUD or SAD who used AT WORK or diverted at work. Exactly the same as above except 5 years of monitoring, narc restriction for 1 year after coming back.

C. For the nurse who does NOT have an SUD/SAD diagnosis. 1 year of monitoring, no restrictions, employer reports for 1 year (4 total due), no narc restriction, and the same, 1 urine drug screen each month along with 1 hair test every 3 months and the nurse is only giving a warning or reprimand and no suspension. If the nurse messes up in that 1 year, automatic 3 year program and chemical eval and falls into the categories of the above if diagnoses with SUD.

Important... all nurses undergoing chemical evaluation are required to have an eval by a BON approved facility AND a facility that the nurse chooses on their own if they want to and the BON has to equally look at both facilities recommendations and if one facility says No SUD while the other facility that the BON approved says SUD is present, then the nurse enters a one year program only for monitoring but must get reevaluated again in one year to be cleared and out of the program.

I absolutely DO think what many boards are doing is total BS. They are shooting from the hip not going by data on recovery/relapse and lean more to Punishment than they do public protection. California is 1 example of idiocracy.

Steven Thompson said:

I'm no longer on any nurse board. I was on California's Board, moved to Idaho, smoked weed and alcohol, diagnosed with SUD, did 5 years, finished 7 years ago. I now live and practice in Indiana and work for a recovery center as a Psych Nurse Practitioner and half of my job is research at a Universty and lecturer. I'm also a PhD. My passion is leading and teaching recovery groups including Smart Recovery and AA and working with nursing boards across the county to GET ON ONE SHEET OF MUSIC. I am working closely with the NLN to get standardized guidelines for all 50 states to where a recovery/monitoring program in state A is nearly Identical to states B, C and D. 

It's a long process but we will be there in 3 years in my opinion. The data and research is there. It's clear. It's overwhelming, but getting all nurse Boards on board is difficult because of ignorance, corruption, and emotion. 

Here is what a Recovery Monitoring Program will and should look like.

A. For those diagnosed with an SUD or SAD (substance abuse disorder) that did NOT divert at work.

4 years of monitoring, completion of an IOP and Aftercare Program for one year, and license suspended with stay until thr IOP program (6-8 weeks) is completed, 3 month narc restriction when returning to practice, mandatory 3 recovery meetings per week for the full 4 years, Mandatory Employer reports for 1 year only after returning to practice due each quarter, an average of one urine drug screen monthly with one hair test every 3 months, check in Monday through Friday only. If thr. Use relapses, automatic suspension for one year and the process starts all over. If the nurse relapses again, automatic revocation.

B. For thr nurse who has a diagnosis of SUD or SAD who used AT WORK or diverted at work. Exactly the same as above except 5 years of monitoring, narc restriction for 1 year after coming back.

C. For the nurse who does NOT have an SUD/SAD diagnosis. 1 year of monitoring, no restrictions, employer reports for 1 year (4 total due), no narc restriction, and the same, 1 urine drug screen each month along with 1 hair test every 3 months and the nurse is only giving a warning or reprimand and no suspension. If the nurse messes up in that 1 year, automatic 3 year program and chemical eval and falls into the categories of the above if diagnoses with SUD.

Important... all nurses undergoing chemical evaluation are required to have an eval by a BON approved facility AND a facility that the nurse chooses on their own if they want to and the BON has to equally look at both facilities recommendations and if one facility says No SUD while the other facility that the BON approved says SUD is present, then the nurse enters a one year program only for monitoring but must get reevaluated again in one year to be cleared and out of the program.

I absolutely DO think what many boards are doing is total BS. They are shooting from the hip not going by data on recovery/relapse and lean more to Punishment than they do public protection. California is 1 example of idiocracy.

The extra time I don't agree with.  One area that needs change is allowing a persons existing psychiatrist or pcp to do the evaluation.  Their evaluators have a conflict of interest in the diagnosis, if they say you have a SUD they profit.  Additionally so many addiction specialists really lack common sense in their diagnosis. Also  in my state,the director can throw out the evaluation and come to their own recommendation. 

Also no monitoring if there's no SUD. 

No mandatory IOP. 

Specializes in Psych, Addictions, SOL (Student of Life).
bayarea123 said:

Hi I was wondering if your email you received from the CA-BON looks like the one I received? 

At first, I thought it was just a general email all licensed RNs got, but after some thought, I realized that I received the email around the same week  I was having issues at work/discipline related to performance/mental health,

Has anyone else received this email? If so, did you end up joining?

interventionEmail.thumb.png.28f48149ae5abf21f10b5310ae50f3c5.png

I never got that email, I actually sought them out. In retrospect I may have acted rashly but I am sober today and reasonably healthy. I am convinced I would most likely be dead if I hadn't done what I did.  

Specializes in Psych, Addictions, SOL (Student of Life).
Steven Thompson said:

I'm no longer on any nurse board. I was on California's Board, moved to Idaho, smoked weed and alcohol, diagnosed with SUD, did 5 years, finished 7 years ago. I now live and practice in Indiana and work for a recovery center as a Psych Nurse Practitioner and half of my job is research at a Universty and lecturer. I'm also a PhD. My passion is leading and teaching recovery groups including Smart Recovery and AA and working with nursing boards across the county to GET ON ONE SHEET OF MUSIC. I am working closely with the NLN to get standardized guidelines for all 50 states to where a recovery/monitoring program in state A is nearly Identical to states B, C and D. 

It's a long process but we will be there in 3 years in my opinion. The data and research is there. It's clear. It's overwhelming, but getting all nurse Boards on board is difficult because of ignorance, corruption, and emotion. 

Here is what a Recovery Monitoring Program will and should look like.

A. For those diagnosed with an SUD or SAD (substance abuse disorder) that did NOT divert at work.

4 years of monitoring, completion of an IOP and Aftercare Program for one year, and license suspended with stay until thr IOP program (6-8 weeks) is completed, 3 month narc restriction when returning to practice, mandatory 3 recovery meetings per week for the full 4 years, Mandatory Employer reports for 1 year only after returning to practice due each quarter, an average of one urine drug screen monthly with one hair test every 3 months, check in Monday through Friday only. If thr. Use relapses, automatic suspension for one year and the process starts all over. If the nurse relapses again, automatic revocation.

B. For thr nurse who has a diagnosis of SUD or SAD who used AT WORK or diverted at work. Exactly the same as above except 5 years of monitoring, narc restriction for 1 year after coming back.

C. For the nurse who does NOT have an SUD/SAD diagnosis. 1 year of monitoring, no restrictions, employer reports for 1 year (4 total due), no narc restriction, and the same, 1 urine drug screen each month along with 1 hair test every 3 months and the nurse is only giving a warning or reprimand and no suspension. If the nurse messes up in that 1 year, automatic 3 year program and chemical eval and falls into the categories of the above if diagnoses with SUD.

Important... all nurses undergoing chemical evaluation are required to have an eval by a BON approved facility AND a facility that the nurse chooses on their own if they want to and the BON has to equally look at both facilities recommendations and if one facility says No SUD while the other facility that the BON approved says SUD is present, then the nurse enters a one year program only for monitoring but must get reevaluated again in one year to be cleared and out of the program.

I absolutely DO think what many boards are doing is total BS. They are shooting from the hip not going by data on recovery/relapse and lean more to Punishment than they do public protection. California is 1 example of idiocracy.

I have been advocating for change for several years good luck to you.

@hppygr8ful thank you for sharing your passion and seeking ways to change the system. I also hope that intervention or alternative to discipline programs expand to include those with mental health issues that also may affect their practice as a nurse. California seems to include mental health as well, but its by no means a perfect program. Everyone deserves a chance.

A Board will always reach out by a formal letter in the mail if a nurse is under investigation or if the Board had a concern, etc. Similar to the IRS, it will not be a vague or generic email. There's always a physical letter in the mail if an email is also sent, sometimes an email and sometimes Not an email, but ALWAYS a letter.

As for mental health issues, it is tough and those issues will be, and will continue to be up to individual states. Most states now as part of a consent agreement, require mental health treatment as part of the consent for nurses with known or identified mental health issues and trying to standardize this for 50 states would be impossible because mental health is dramatically specific to each patient. One example in place, many nurses who are VETS that have SUD and are in monitoring have comorbid PTSD from past service overseas in war. A Board will overwhelmingly likely MANDATE PTSD treatment for that nurse as part of their consent order requiring not just all the substance abuse and counseling treatment that go along with Board monitoring programs for drugs, but PTSD treatment in addition to all of the above.  

All a Board can do is mandate mental health treatment and get a monthly or quarterly report from the therapist or physician on progress. It's not the Boards job, nor do they have the funding to literally provide or set up mental health treatment. That's on the nurse. The Boards job is to ensure the nurse seeks it and is compliant with the treatment.

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