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!
