Complaint filed against me but not heard from BON

Jules A, MSN · Feb 11, 2015

My advice is to always call them first, fall on your sword and do whatever they require to keep your license. They really don't want our licenses they want us to work without being impaired or diverting. Good luck.

roser13, ASN, RN · Feb 11, 2015

Well, any advice would depend upon your circumstances. Was the diversion screen accurate? Did you legitimately fail the screen?

NOTE: Food for thought only. Do not answer those questions. Hire an attorney NOW rather than later.

Twoyearnurse · Feb 11, 2015

It took my board 6 months to contact me, they do prefer if you contact them first. Don't do so without advice from a lawyer first. I didn't to before the board with a lawyer but I did talk with one in regards to how to give enough information to them and admitting guilt without giving them more than what was necessary. We are honest but we do not fall on out own swords. If you do have addiction issues I highly recommend getting help for that, if they see you are getting help without being mandated it will look better for you.

KCLow · Feb 11, 2015

The attorney I had contacted had told me to just send them the complaint when it is received (felt a little brushed off by that). I do not have an addiction but considered if I should do an outpatient program prior to contact by BON to please them. But I also don't want to give myself the label of an addict when I do not have an addiction.

dirtyhippiegirl, BSN, RN · Feb 11, 2015

^unfortunately it does not really matter if you are an addict or not. Alternative monitoring programs are pretty much one size fits all. I would start looking for a job that is going to meet whatever stipulation requirements that will be placed on your license...otherwise you are just going to be out of a job again once it comes down the pipeline that you cant pass narcotics/benzos.

TXRN2 · Feb 11, 2015

just one small question- you state you do not have an addiction- what are the circumstances that caused you to fail the drug screen?

CryssieD · Feb 11, 2015

The complaint against me was filed by the Sheriff's Dept for a DUI (muscle relaxant). It took several months for the Board to contact me. I would suggest a phone call to the Board stating you had been told a complaint would be filed and could they please update you on the status of that complaint, if it has been filed. If they ask for details, I would recommend speaking with an attorney before giving any--you do have a 5th Amendment right not to incriminate yourself. As for monitoring programs, I have to agree with dirtyhippiegirl--they are indeed one-size-fits-all, and both Boards and monitoring programs prefer to err on the side of caution; the mere suspicion that you may have a substance abuse problem is more than enough to land you in a program for several years. If you honestly believe the test results are erroneous, it may be worthwhile to have someone (your own doctor, maybe) order a hair test--that generally covers several months. It may not get you out of trouble, but it may provide some reasonable doubt that could be helpful at some point--just an idea. Good luck!

KCLow · Feb 11, 2015

I am not in the right either. I self treated a knee injury with a family members med. this is why I am wondering if I should do the treatment prior to contact because I have no way of proving that it was an isolated event.

Meriwhen, ASN, BSN, MSN, RN · Feb 12, 2015

We can't offer legal advice here. I would suggest that you follow the advice of your attorney.

I hope your attorney is versed in dealing with BONs and nursing issues, as they will have a better understanding of what's going on than an attorney that doesn't have a lot of experience dealing with BONs. Any attorney is better than no attorney, mind you...but if you do want an attorney with more experience in this area, you can find referrals here: TAANA Executive Office - Home

If you have ongoing pain from this knee injury, you should get it addressed by your medical provider.

Best of luck.

1sttime · Feb 13, 2015

We can't offer legal advice here. I would suggest that you follow the advice of your attorney.
Any attorney is better than no attorney.

I have to respectfully disagree here: my first attorney almost cost me my license. He wanted to go head to head with the board. I explicitly told him that I wanted him to guide me through the process as quickly and smoothly as possible.

He told me to not enter treatment until the board ordered it. After 3 months of waiting I contacted the board investigator who was reluctant to talk to me as I had an attorney: she was nice enough to tell me that they were waiting to hear from me (through my attorney)- and the fact that I had not entered treatment was aggravating the case and she was recommending revoking my license. The cost of this attorney was 2k plus the cost of him renting a BMW to travel to the board of nursing office (Travel expenses!).

I consulted with a second attorney who after hearing the details of my case (yes I did it, yes I have a problem, no no patients were injured) told me to do whatever the board wanted. This was free!

I would urge anyone to speak to more than one attorney that is experience in administrative law and dealing with licensing boards.

Omaapecm, ASN, RN · Feb 15, 2015

I think you should Definitly speak with an attorney who has experience with BoN. I'm not sure what state your in but if it is Nevada or California I could give you a name of one. Self reporting is always a better way to go. Either way give a lawyer a call and get some legal advice