Consent Agreement concerns

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My question involves a professional license in the state of: Ohio

I have an ongoing investigation from the board. The basis is from being fired from a position for not taking a drug test within the time constraints (which they did not specify to me) and failure to document narcotics appropriately. To be clear, I did not divert drugs nor do I have any drug/addiction problems. I had an interview with a board investigator, who under my duress received my whole life story and psychiatric history. Of course I realize this was a mistake but this investigator was particularly harsh and it was difficult to keep my composure. Because of this I was ordered to take a $2200 forensic psychiatric evaluation. I complied and was offered a consent agreement stating that while I am mentally fit for practice I need to undergo bimonthly therapy and random drug screenings with daily call ins for a 2 year probationary term. The basis of the consent agreement states I failed to properly document the administration of controlled substances. The problem with this consent agreement is that there was no violation of the nurse practice act (as far as I can tell not being a lawyer), I have no overt mental illness that would prevent me from providing safe nursing care (according to the forensic psychiatrist) and there is no evidence of drug diversion or substance abuse issues.

I have finally gotten a lawyer to help me, but she seems to think that this consent agreement "is not that bad" and that I should just go ahead and accept it instead of taking it to a hearing. This is based on the fact that while I have no current mental health issues, I have history of suicide attempts in the past that she feels the board will frown upon. I don't think I should accept this offer and feel I should fight this case in a board trial. What do you think?

Also, if the board should revoke my license for not agreeing to their consent agreement, do you think I have a basis for a lawsuit against the board? The basis being that the charges are not warranted, and it would eliminate my ability to work in this field. I have worked very hard to earn my
RN
and BSN and have not violated any nurse practice act. If you have any more questions as my story is pretty lengthy please let me know!

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Specializes in Nephrology, Cardiology, ER, ICU.

Moving to Recovery forum for more answers.

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You failed yourself when you failed to document. I think your lawyer is right but that's just my opinion. Somehow the BoN will pull up that failure to document is a practice violation and they could be much more punitive. Ultimately it's your choice...good luck!

And by the way, we all worked hard to obtain our nursing privileges :)

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did you fail to document?

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Specializes in ER, TRAUMA, MED-SURG.
My question involves a professional license in the state of: Ohio

I have an ongoing investigation from the board. The basis is from being fired from a position for not taking a drug test within the time constraints (which they did not specify to me) and failure to document narcotics appropriately. To be clear, I did not divert drugs nor do I have any drug/addiction problems. I had an interview with a board investigator, who under my duress received my whole life story and psychiatric history. Of course I realize this was a mistake but this investigator was particularly harsh and it was difficult to keep my composure. Because of this I was ordered to take a $2200 forensic psychiatric evaluation. I complied and was offered a consent agreement stating that while I am mentally fit for practice I need to undergo bimonthly therapy and random drug screenings with daily call ins for a 2 year probationary term. The basis of the consent agreement states I failed to properly document the administration of controlled substances. The problem with this consent agreement is that there was no violation of the nurse practice act (as far as I can tell not being a lawyer), I have no overt mental illness that would prevent me from providing safe nursing care (according to the forensic psychiatrist) and there is no evidence of drug diversion or substance abuse issues.

I have finally gotten a lawyer to help me, but she seems to think that this consent agreement "is not that bad" and that I should just go ahead and accept it instead of taking it to a hearing. This is based on the fact that while I have no current mental health issues, I have history of suicide attempts in the past that she feels the board will frown upon. I don't think I should accept this offer and feel I should fight this case in a board trial. What do you think?

Also, if the board should revoke my license for not agreeing to their consent agreement, do you think I have a basis for a lawsuit against the board? The basis being that the charges are not warranted, and it would eliminate my ability to work in this field. I have worked very hard to earn my RN and BSN and have not violated any nurse practice act. If you have any more questions as my story is pretty lengthy please let me know!

I live in Louisiana and the way our RNP would get me in this situation (I think!) is the time constraints not specified to you. They tell us we can't use "I didn't know" as an excuse.

Anne, RNC

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Specializes in NICU, ER, OR.

you have no mental health issues, but you have suicide attempts, you say? That IS the epitome of a mental health issue... and the board will see it that way as well.... Im so sorry your going through any of this. good thoughts and prayers for you from me.

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I wanted to give an update of the situation stated above, and also answer some questions. To RNTODAY, yes I have a history of depression and ADD. And also yes, I did fail to document the way the employer wanted me to. . However, the forensic psychiatrist determined that they were not overt mental health concerns that would impede by ability to practice. I feel that the board would not have continued to press the need for disciplinary action though if I had not divulged my personal history. I ended up accepting the consent agreement, as my lawyer felt it would be my best option. I just started a new job about a month ago at a psychiatric hospital, so I am hoping giving the circumstances above, if any employer would be empathetic to the situation, it would be this one. I will be telling them about it this week so wish me luck!

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Well told my employer today and they fired me. To top it off today is my birthday. I am at a loss as to what to do and am just trying to keep it together.

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wow, AuroRN- that just really bites!! so sorry- all you can do at this point is do the next right thing in front of you- another door will open in due time. sorry it happened on your birthday, too :blackeye: hang in there!!

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I know exactly how you feel with it being your birthday and all. My confrontation came on my birthday as well, worst and best day of my life all in one. Things can and will get better, nothing lasts forever and the board contracts are doable if you are determined. Keep your head up, even tho you say you are not an addict you are "one of us" now. Prayers for you!

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ARGGHHHHHHHHHH. I wish I had gotten to you before you signed it. I have a similar situation and I have been looking for a jon forever. GOod luck. PM me for any help. Happy to do it.

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Hi Guardian Angel. I actually already have a lawyer, but she hasn't done me much good. I don't know if that is because of my circumstances or she just pushed me to do the easiest thing for her to do. Regardless I am still contracted with her.

however, I did try to PM you but am unable because I don't have enough posts or something. So If you have any information please PM me!

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