California Nurses

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I would love to connect with some fellow nurses in probation or diversion. I am in diversion and live in the Bay Area. 

There are circumstances where waiting is better due to not being in that state, or traveling, saving money, etc.  I get that, but by in large...and in most cases, getting the clock started is better.  Trust me on this.  I have talked to hundreds....not 20 or 30 or 50, but probably 200 nurses that are either in monitoring programs or they are finished with them and about 180 out of that 200 have all told me the same thing.  "Why on Earth did I wait for well over a year until the Board finished investigating when I could have started earlier and had it over with."  I have heard that statement well over 100 times.  Many of these nurses were approaching well over 18 months waiting...close to 23 months (almost 2 years) before the Board had an official decision and consent order.

A very stressful process that could have taken 5 years had been lengthened to nearly 7 years.  7 years is 70% of one decade!  It's stressful waiting on the Board to finish their investigation and get everything finalized.  You are better off starting monitoring/diversion program immediately because you are in the program, you are being monitored, you know that you are doing the right thing and trending in the right direction and TRUST ME, the Board will have favorable action at NOT throwing the book at you, if you are in the monitoring program for the 1.5 years or sometimes more while the investigation in ongoing.  It looks VERY good for you compared to playing the lawyer game, having your lawyer do every piece of communication with the Board on your behalf, only to get the EXACT same thing to happen to you as if you would not have had a lawyer.  You are GOING into the monitoring program for 5 years.  The exception?  Obviously if you are not addicted or you have not taken drugs, and you are being accused of something to where you truly don't need to be in a 5 year program, then sure, lawyer up.  Otherwise, you are Wasting 10,000 dollars for a lawyer.  GET INTO Monitoring/Diversion Program literally the day that you are caught diverting.  Get signed up that fast, and your life will be better.  Your license WILL come out BETTER in the long run and it's actually LESS stressful for you in the long run by entering a monitoring program EARLY.  

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California's program is only 3.5 years. It's not 5.

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Sanfranjflo said:

California's program is only 3.5 years. It's not 5.

False.  It is now 5 for anyone coming in with Diversion History and here is why.  First, I have cut and pasted from their website  "Generally, the Program length is between three (3) to five (5) years. However, the actual length of time will depend on how well you respond to your individual recovery plan."

A one time DUI, one time failed drug test with no history of diversion at work after the Board thoroughly checks?  These are the kind of incidences where you will get 3 to 3.5 years.  IF....again...if you are diverting and the reports and pharmacy records and behavior supports Diversion, I will again repeat, you ARE doing 5 years, period.  In the last 5 years, 14 states have gone to 5 year programs for Diversion Cases.  These state use to be 3, 3.5 or 4 years.  Why the move to 5 years for basically ALL Diversion Cases?  The research supports this from recovery centers across the United States.

Nurse Anesthetists.  One of the leading research groups in Nursing as it relates to recovery is nurse anesthetists because they have overwhelmingly high amounts of substance abuse.  Because of this, the AANA (their national organization) has invested lots of dollars into Recovery Research.  For example..how to treat it..how to prevent relapse, best methods, etc.  One of their research arms is Parkdale Center near Chicago.  It's technically in Indiana.  Parkdale, with the AANA, have done tons of research on recovery and this research has been shared with pretty much every nurse board and nurse monitoring program in the USA.  Their research is leading the way.  The data that has come out of there places strong emphasis on 2 things...

1.  The good- getting nurses back to practice within 6 months, as long as they are in active recovery and monitoring.

2.  The not so good- Monitoring should be 5 years for all Diversion cases, or cases where it's obvious that the person is addicted to substances in order to decrease the chances of relapse at the highest level.  

Even when you see a state monitoring program out there that says, "plans are individualized regarding treatment and length of time is 3 to 5 years."  Trust me...your "individualized plan" is going to have the number 5 on it, if you were diverting.  Again....a one time DUI with no history of any issues or a one time failed drug test for example....when applying for a job and not ON the job?  These are the 3 to 3.5 year type things.  For the person who is addicted, or a 2nd DUI, diverting at work, you are NOT finishing a program before 60 months.  I work in this area and know what I'm talking about.

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Well I am only in for 3.5 and most of the probationers are out in two. I don't know where in California you are but that is the sentence of people in my nurse support group.

Oh and we are all addicted. There are those that diverted and DUI's. I diverted and I am out In November. That will be a total of 3.5 years. 

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Sanfranjflo said:

Well I am only in for 3.5 and most of the probationers are out in two. I don't know where in California you are but that is the sentence of people in my nurse support group.

Oh and we are all addicted. There are those that diverted and DUI's. I diverted and I am out In November. That will be a total of 3.5 years. 

I am in Sacramento, and use to be on the Board.   I'm now in NYC

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Specializes in Mental health, Critical Care, Nurse Educator du.

I only had a positive THC drug test.  No diversion. I've already completed over 2 years here, and 1 year in NC.  I'm wondering if they will give me credit for that? 

Also, I've never had a key restriction. I've heard that everyone gets a key restriction in California.  Is this true? I feel as if it would be really hard to get a job with one.

 

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Quickstepper said:

I only had a positive THC drug test.  No diversion. I've already completed over 2 years here, and 1 year in NC.  I'm wondering if they will give me credit for that? 

Also, I've never had a key restriction. I've heard that everyone gets a key restriction in California.  Is this true? I feel as if it would be really hard to get a job with one.

 

In California, everyone does NOT get a key restriction. This totally varies based on what the nurse did, for example, diluted urine specimen when applying for a job compared to proven Diversion of narcotics while at work.  Those two are radically different.  When does the Board give you credit from another Board?  They are looking for one key thing and that is.....have you been monitored (as in....daily check ins and random drug testing).  They will want proof that you have been monitored and if monitored for 2 years and you can provide the proof, then you will get credit, but.........they are not going to accept "you monitoring yourself."    

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When you first enter the program, are you allowed to work I don't mean as a nurse, I mean a store or a warehouse. Or are their restrictions from the program itself stating that you can not work, I was reading over the posts and realized I have misworded that initially. 

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You can work as long as it doesn't interfere with your recovery. Lots of ppl get on state disability tho 

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Helen jaure said:

When you first enter the program, are you allowed to work I don't mean as a nurse, I mean a store or a warehouse. Or are their restrictions from the program itself stating that you can not work, I was reading over the posts and realized I have misworded that initially. 

When you enter a program, most programs will want you to attend 3 recovery meetings per week, which is either AA, NA, Celebrate Recovery or Smart Recovery or a combination of those above.  You will call in everyday to check in and when you call, if you are selected to give a drug test, you have to give a drug test that day.  Those are the big requirments.  Here's the thing though, when you enter a monitoring program, they are going to want you to attend a 6 week hospitalization program, a 6 week IOP program, and a one year aftercare program which is 1 hour to 1.5 hours meeting once per week of Aftercare.  You will not have time to work while in the PHP program.  That's pretty much all day.  You will be able to work regarding having enough time while in an IOP program and onward.  

The Board doesnt' have the power to tell you whether you can or can't work in a place outside of nursing.  If you want to be a Druck Driver or waitress or warehouse worker, they don't have the power to tell you that you can't work somewhere and they won't do that.  They will simply tell you that you better be at those meetings and not miss a daily check in.  Anything that hinders your recovery is a no no, but working somewhere outside of nursing while your license is suspended is fine.  

For nurses who are suspected of diversion.  Warning to you.  Many for some reason or another love to wait until the Board Investigation is over which can take up to 2 years, and when it's over, the nurse thinks, OK, I will just start the monitoring program then.  It doesn't work like that.  If you are determined to be diverting and lets say the 18 month mark comes up and the Board finishes its investigation.  They are going to make you go to a 6 week Partial Hospitalization Program somewhere, then do a 6 week IOP program, and a one year Aftercare Program, and if diverting, your license usually suspended for 1 year, and they want you to get this rehab part done while that license is suspended.  So, there is more to it than simply starting your monitoring program when the investigation is over.  

Again, this is another reason I tell nurses to get to rehab immediately after caught diverting and do not wait for the investigation.  Get to rehab, and while you are in rehab, call your state monitoring program from the rehab program and get the paperwork in, get enrolled so when you return from the 6 week PHP program back to your home, you are immediately checking in, being monitored the moment you return home.  This is viewed as OVERwhelmingly FAVORABLE by the Board and your punishment is usually much less by the time the Board finishes the investigation.

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Specializes in Registered Nurse.

An accusation was filed against me because I was arrested and placed on a 5150 for mental health crisis. Not addicted to drugs and alcohol. I consented voluntarily to participate in the Intervention Program. Hoping they will allow me to work after 6 months of participating in the program and negative drug testing. Hoping this won't last for longer than 3 years. Does anyone else have a case similar to mine? Any advice? 

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Specializes in Home Health/Hospice, Public Health, Case Mgmt.

Hi there,

 Typical length of time they make you wait to work is about a year, the minimum program length is 3 years plus a couple of months, and I hear it is a pretty intense program overall. It does protect your license, though, which I believe, is worth it. 

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