Denied R.N. License after NCLEX

elkpark · Jul 30, 2015

The way some of the mental illness questions are worded in some states IS very vague. (The substance abuse questions less so, usually.) If your state is asking you if you have ever been diagnosed with a mental illness that would impair your ability to perform the tasks of a nurse -- does omitting SI at 16 and now you're, say, 30 and haven't had to take medications or see a psychiatrist for years count as lying? *I* wouldn't think so. Never, ever share more than the bare minimum with the BON. That goes for people who are lucky enough to have never had to deal with the stigma of mental illness or substance abuse. :)

I agree that the questions are worded v. differently among the different state BONs, and one should only answer the question asked and not volunteer info not asked for. In your scenario, in which the question is worded as if you've ever been diagnosed with an illness that would impair your ability to function as a nurse (now), I agree that "no" would be an honest answer. In the scenario posted by the PP, the question was "Have you ever been diagnosed with a mental health disorder that affected your ability to function." I would say that being hospitalized psychiatrically is evidence that the individual was unable to function at that time, and, if that's the question, answering "no" would be dishonest. As you note, it depends on the wording of the question. The PP was specifically suggesting that requested information be withheld specifically because the BON was unlikely to find out and one wouldn't get caught, which strikes me as inherently dishonest.

HopeRules · Jul 30, 2015

You can't get a new professional license when you have a current one on probation. You're trying to skirt around the probation and end it a few months early. It doesn't work like that. You will not be able to get a license in any state until the terms of your probation have been satisfied. Think of it this way. If you lose your driver's license for drunk driving in one state, you can't just go to a neighboring state and get a license there. You cannot take NCLEX again-you already passed it-and there is no such thing as a "less stringent state".

KelRN215, BSN, RN,

I think you are correct that the OP has to complete probation prior to being issued a license in any state. I have not checked all the states but that seems reasonable. Frankly, three months is nothing.

I don't agree that the OP is trying to "skirt" the situation. That is one perception that I don't agree with but it is possible that it could be viewed that way by a board. The fact is that different states do treat situations differently and have different rules. I see nothing wrong with the OP investigating the possibility of better treatment by a board (in their view) by a different board.

I will give you an example. You can easily be denied a license in California due to a DUI but you can apply in Washington and they do not care about 1 DUI in 3 years assuming you have a reasonable explanation and court records provided. These are just 2 different boards that view a situation differently. There is nothing wrong with taking advantage of the fact that you will be treated better in a different state. I would consider it an intelligent thing to research. In this person's case, I believe that you are correct that he/she will have to wait until their probation has reached completion. However, there is absolutely nothing wrong with asking questions and seeking answers. I would be more concerned about the OPs mind if they did not look out for their options. (My opinion.)

The BON is not always the best place to get answers. I have asked questions and received incorrect information directly from employees of the board. They were very kind people but just not competent. I would communicate with them but seek legal advice also.

Ruby Vee, BSN · Jul 30, 2015

No, I have no issue with drug diversion.
If it's deceitful to not have to be punished twice for the same mistake, then call me deceitful Nursduck, some might even call that Double Jeopardy. I have jumped thru all of the hoops commanded of me and I'm still getting judged. People who have made mistakes shouldn't be shackled to the mistakes forever.
Anyway, thanks for everyone's answers (except Nurseduck)

It's deceitful to go "state hopping" in the hopes of finding a state that won't care about the disciplinary action against your LPN license. If you only have three months to go, then why not just be aboveboard and wait? If you knew you had three months to go, why are you surprised that your license was denied.

Being rude to "Nrseduk8ter" is just nasty.

HopeRules · Jul 31, 2015

Agree that OP should wait the three months. It's really no time at all.

Disagree it is "deceitful". The only way it is deceitful is if the OP lied about it. The OP has said he/she disclosed it. Absolutely not deceitful. It is looking at legal options. Kudos to you OP for having the guts to think outside of the box.

This person may have a family to feed. Who are any of us to judge?

Good luck to you OP.

Erational · Aug 1, 2015

As I mentioned to earlier poster, I have hidden nothing.

I assumed that when my FBI/ criminal background check cleared, the BON had no more issues with my application. I was wrong, they didn't look at my application until AFTER I took the NCLEX.

N0duplications · Oct 31, 2024

After passing the NCLEX the BON decided to look farther into my arrest record. (I have a misdemeanor charge, and was arrested for other things but never charged when I was younger) The BON already had my court papers and everything. They said they'd come to a decision within 20 business days, after that I was told that they had to look farther into my arrest records and would need 20 MORE business days. Meanwhile my job is on hold and I had already signed a lease for an apartment out of state. I thought once I received my ATT I was good so I signed the lease. Little did I know I still may not get my license