Denied to take NCLEX, should I take an attorney to my hearing???

Nurses Criminal

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Hi,

I finished nursing school and was denied to sit for nclex due to a recent misdemeanor conviction. I have a formal hearing with the BON coming up, and I am very confused as to what happens next. I'm reading so much about hearings & that it isn't wise to appear without an attorney...I'm also being told that an attorney can not help me much, as I have been found guilty & I just need to try to explain my situation the the board, bring character witnesses if possible, character reference letters etc. etc. I just want to completely own up to my misake and see if I can be licensed, if not then sometime in the near future. I was even advised by several atorneys that I spoke with that, they cannot guarantee that I will get a license. A nurse that I know, told me that bringing an attorney also angers the board, but the hearing will be heard before the boards prosecuting attorney? I just don't know what to do? If anyone has been in a similar situation and can offer any input, I would really appreciate it!

Thanks

Hi there, thank you for sharing your experience. I have been accepted to NYU ABSN program for the fall. I was convicted of a DUI 11 years ago. It was an unbelievable wake up and a mistake I would NEVER make again! I have not been able to get straight answers about licensing in NY state as to any kind of restrictions or whether I will be able to sit for the NCLEX, any information that anyone can offer is greatly appreciated. This is such a huge decision for me....the program is so expensive and I would be devastated if I got through only to be denied licensing. I know how serious a DUI is and the BON is there to protect the public from danger. I was able to become licensed as an EMT-B, a bit of paper work and an interview on the phone, I think the BON is much more difficult. Again, if anyone has any words of advice or information it would be greatly appreciated!

Thank You!

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Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

I admire your struggle and persistence in this situation and know the old sage saying that says "This too shall pass"

I noticed that you said you were getting letters of reference - check with your legal counsel but I would be very hesitant about asking or bringing letters from patients that you mentioned that you cared for. This may not be looked upon

as a good thing by the BON as the relationship with a patient is one that requires a dependency and professionalism. Letters from patients can be seen as manipulative - again ask your attorney about this.

I am rooting for you

Marc :)

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SilentfadesRPA,

Thank you, I thought that the more letters that I am able to present to the board, the better? As I am unable to get anyone to come with me, all the way to the hearing. My attorney said that it was okay, but now I'm looking at it from your point of view. The character reference letters were just going to include what kind of care I provide & if they feel safe in my care, etc. etc. My hearing date is slowly approaching & I've been on edge, worried & scared. I just want to get this over with...not knowing is killing me. Some say I might get a restricted or probationary license, some day I might have to wait a year or a few years, before they will allow me to be licensed??? I just need to know as I am really hurting financially & mentally over this. I just want to thank everyone for their input & support! It really means alot!

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I see the point you are trying to make by bringing recommendation letters from patients, but as Marc said, the BON may not view them in the same light. The nurse/patient relationship is one of unequal power. Who's to say those patients didn't feel obligated to write those letters favorably? Who's to say you didn't hold good care for ransom in order to secure a favorable recommendation.

See what things could be thought? A patient wouldn't be considered a reliable source because of the nature of his or her relationship to the nurse. Furthermore, I'm not unconvinced that they will view it as a violation of the nursing/patient relationship as it disturbs the fundamentals of the relationship. A patient should not be made aware or brought in to a nurse's personal or professional problems. Our worries are NOT their worries, ever. The relationship is an unequal distribution of sharing from the patient to the nurse only.

That said, you want to show what good care you provide and what a good and professional nurse you are. Statements from patients will do the opposite of that.

Accomplish the same with letters from supervisors and co-workers. They are the ones who can attest to what kind of care you provide and they are more qualified to do it.

I get the impression that you included the patient's testimonials because you wanted "lots" of letters. Focus on quality over quantity. 3 or 4 well thought out professionally written letters from colleagues who are familiar with your work ethic and skill set will do better than a 1000 handfuls of letters written by patients.

Now, you do know that worry over what hasn't come to pass yet is senseless? It's hard not to do, but there is nothing to be gained from worry. Prepare your appropriate paperwork and recite to yourself why you are a good nurse. Focus on that. Not what might happen. Focus on what is. You're good nurse because you care about your job......you're a good nurse because....-you get the idea. Try to keep a cool head and take each step one at a time.

Good luck! We're here if you need support and we are rooting for you!

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Specializes in ER psych.

I'd like to know what finally happens.

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Specializes in Home Health.

Please do update us on the outcome! I have a formal hearing as well on Dec 7th and currently looking for a lawyer who can help me.

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Hi everyone,

I just wanted to give you all an update: I finally want to my hearing & the hearing officer agreed to allow me to get a probationary license, until all my fines are paid then I can get the probation removed. They said, that it is not final yet, as the board has to approve it. I am praying that they do!!! For some reason I thought that a final decision would be made that day at the hearing & my attorney & I would sign off on the terms. Has anyone else gone thru this? Now I just have to wait for a phone call from my attorney, but again i am very hopeful & I'm just so happy that i wasn't outright denied!!! I am so glad that the hearing is over, because I have been so stressed out & depressed prior to it. Well now i'm questioning if the probationary license will prevent me from working, I have a p/t position as an aide within a healthcare system, but I'm not sure if once licensed they will let me transition & work as a nurse under probation. I wish I had all the money to pay the fines & restitution, but they total around 10K. Also, once I do qualify for removal of the probation, will that always remain on my license?

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Since you already work for that facility, i doubt that they will deny you a nursing job, especially if you're a good employer

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Hi everyone,

I just wanted to give you all an update: I finally want to my hearing & the hearing officer agreed to allow me to get a probationary license, until all my fines are paid then I can get the probation removed. They said, that it is not final yet, as the board has to approve it. I am praying that they do!!! For some reason I thought that a final decision would be made that day at the hearing & my attorney & I would sign off on the terms. Has anyone else gone thru this? Now I just have to wait for a phone call from my attorney, but again i am very hopeful & I'm just so happy that i wasn't outright denied!!! I am so glad that the hearing is over, because I have been so stressed out & depressed prior to it. Well now i'm questioning if the probationary license will prevent me from working, I have a p/t position as an aide within a healthcare system, but I'm not sure if once licensed they will let me transition & work as a nurse under probation. I wish I had all the money to pay the fines & restitution, but they total around 10K. Also, once I do qualify for removal of the probation, will that always remain on my license?

As far as I know, the information will always be available when people look you up on the Board's license verification website. You can expect employment problems, but at least there is light at the end of the tunnel. Good luck.

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Hi everyone,

Just thought I would check back in to let you know what has been going on...NOTHING. My hearing with the BON was in August...& I was told that they just met last week, to decide on my case. I have been nothing but patient, but I feel that I have lost everything I've learned in school to pass NCLEX. My lawyer told me that it could take a few more weeks for processing, before I will know if I can be licensed or not. It's been forever & I still don't know. I'm hoping to get good news, I know the conselor said she would reccommend a "probationary license", but from what I understand the board members all had to agree on that. All I know is that I am totally bummed about all this!!!

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Specializes in Med-Surg, Oncology, Neurology, Rehab.

I wish you all the best, but you can apply for another state license but you will go thru the same process. a CNA license is not even similar to RN licensure. I'll be praying for you.

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Okay so I was denied!!! The board did suggest that I reapply after I pay all my fines & restitution & my probation ends (by the way, they are fully aware that once my fines are paid off my probation automatically ends). My attorney says that even though I was denied, the goods news is after I meet their requirements I can reapply & most likely be approved then. Oh well I tried my best. I put my best foot forward...I am working on paying all the restitution off & hopefully reapplying next year. I am sad about it, but I am still hopeful that one day I will be a nurse.

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