Down and Dirty In The Oklahoma State Board of Nursing

Nurses General Nursing

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Imagine someone who has worked all his adult life in healthcare, an orderlie in high school, EMT, a paramedic supervisor 8 yrs, and RN 17yrs ( ER charge, ICU charge, specializing in open heart recovery & intrathoracic surgical care ), never had a single infraction pertaining to his career nor his personal life, other than a speeding ticket, then after several familly tragedies, he succumbs to Lortab addiction, pleads no contest to a single count prescription alteration charge, reports this to the oklahoma state board of nursing, enters 34 day rehab, lives clean and sober with random drug screening for 1yr, then is reliscensed and placed in PEER assistance for chemically dependant nurses, obtains a job in a surgical ICU open heart recovery, does everything the board tells him to do for 6 months, then one day he is terminated from his job due to his name being submitted to the Office Of Inspector Genreals exclusion list, meaning he can't work for a medicare or medicaid funded facility, now he is back out on the street with no other job experience to fall back on and can't wait tables to pay his 791.00 dollar a month child support, plus a felony on his record. Well this is real, this is me. To begin with the Oklahoma State Board did not advise me they had turned me over to the OIG, nor did the OIG contact me, thus denying me my 8th amendment right to Due Process and any appeal was out of time. This is Double Jeopardy, I'm being punished twice for the same offense, not to mention the two years of low wage jobs during the state boards denial of my license. I contacted several other state Board of nursing and was told they do not keep a person from being licensed after they completed rehab, that is what the dependant nurse assistance programs are for, this was a purposely wanton indifference not only to my pain and suffering but added more missery into the lives of my children. I was told I was huberus by one state board official. It is senseless, that when a person lives his whole life saving the lives of others, that after 2yrs of battling back form lotab addiction and getting my life back, that the Oklahoma State Board would choose to end my career. I know of several other nurses with felony convictions, related to drug diversion at work and charged at a later date than mine, that aren't on the Office of Inspector Genreal exclusion list, this is a good ole boy state, it's not what you know, but who you know. also worth noting, I was charged in another state while working there and never was I reported to that state board nor was my job ever put in jeopardy. Not until I came to oklahoma after being honest and forthright with the Oklahoma State Board was my job placed in jeopardy and my career ultimately ended, for what, I only hurt myself, my children were always taken care of, and what is sad, I did everything they told me to do and I corrected my problem and they still took everything away from me that I had worked all of my life for. I have been in charge positions all of my career and in a movie Rise and Walk the Dennis Byrd story, so I know I fit the part of a good nurse. If anyone has any advice as to what state would be more understanding please contact me. Update: my attorney emailed me and she now is recovering from cervical CA, she is also an RN, she has done so much for me, pro bono, I now will have to do most of the legal work on my own, although she said for me to email or call her with any questions, she's great, I now am a sales associate for a national chain of retail stores, while I'm working on getting my license back.

I think you can apply for re-instatement, check out this site:

http://oig.hhs.gov/fraud/exclusions/reinstatement.html

Thank you for the reply and kind words. In 1999 I altered a prescription for lortab from 5mg to 7.5mg and was charged with a class C felony. Once again thank you. Sleepless In Norman...QUOTE=CHATSDALE]Call Your Nursing Board And Get A Personal Injury Lawyer.....were You Convicted Of Drug Abuse Or Did You Come Up In Testing???i Believe That It Would Make A Difference......there May Be A Program That Will Allow A Nurse To Work In A Facility Where They Will Not Come In Contact With Control Drugs....i Know That There Was A Dentist In Town That Could Not Prescribe Anyhthing For Pain But Now

He Has Full Privileges...don't Know The Whole Story There

Don't Give Up I Just Read In The Paper This Past Week Of The Arrest Of A Nurse I Used To Work With.....breaks My Heart For Someone To Lose So Much To Bad Decisions...let This Be A Learning Experience And Go Forward Good Luck

Thank you for the kind words, In 1999 I pled no contest to a singly count prescription alteration charge , I altered a lortab prescription from 5mg to 7.5, was placed on probation of which I successfully completed.:crying2:

Call Your Nursing Board And Get A Personal Injury Lawyer.....were You Convicted Of Drug Abuse Or Did You Come Up In Testing???i Believe That It Would Make A Difference......there May Be A Program That Will Allow A Nurse To Work In A Facility Where They Will Not Come In Contact With Control Drugs....i Know That There Was A Dentist In Town That Could Not Prescribe Anyhthing For Pain But Now

He Has Full Privileges...don't Know The Whole Story There

Don't Give Up I Just Read In The Paper This Past Week Of The Arrest Of A Nurse I Used To Work With.....breaks My Heart For Someone To Lose So Much To Bad Decisions...let This Be A Learning Experience And Go Forward Good Luck

Specializes in Critical Care.

Sorry but I am not falling for the poor me defense, YOU decided to take the Lortabs and brought about the problems on yourself now you want to point the blame at the State Board of Nursing. No pal, you were/are a addict and the BON has a obligation to keep unsafe nurses from harming patients, perhaps you did not harm a patient but we only know your side. If you are clean and sober and went through rehab then perhaps another State would welcome you. People must be held accountable for their own actions and not blame others, work hard to rectify the situation and move on with their lives. Good luck to you.

I appreciate your reply, however you have missed the intention of my message, it is purely a question of Legal arguement, not a help me, wounded duck syndrome, I have taken full responsibilty for my actions and rectified my problem, I have taken alot of humiliation, but once agin I'm not here to put in a sick call, all statements are true and correct, the legal right to the constitutional amendments is being tampered with in the state of Oklahoma, now with the legislature session ending, a Tort reform bill in Oklahoma has passed, negating many of the rights of an individual to recover for damages, but inview of what I've seen, I understand your scrutiny. Thank you for your reply.:) OTE=BadBird]Sorry but I am not falling for the poor me defense, YOU decided to take the Lortabs and brought about the problems on yourself now you want to point the blame at the State Board of Nursing. No pal, you were/are a addict and the BON has a obligation to keep unsafe nurses from harming patients, perhaps you did not harm a patient but we only know your side. If you are clean and sober and went through rehab then perhaps another State would welcome you. People must be held accountable for their own actions and not blame others, work hard to rectify the situation and move on with their lives. Good luck to you.

Thank you for your reply and kind words.:)

Gosh I don't know enough about this kind of stuff to make any suggestions, however, I would advise you contacting a malpractice lawyer because I do know they can help is some of the wrongful termination problems. I wish you luck and congrats on your sobriety.

Thank you for your reply, yes I have since been advised by the Board that the investigating officer on my case, reported me, thank you agian for your kind words, in 1999 I pled no contest to a single count prescription alteration charge and was given probation, I altered a prescription for lortab from 5mg to 7.5mg. :) QUOTE=oldfolksnurse]Are you sure the OK BON reported you to OIG? The corporation that I work for in GA performs "sanction checks" on potential hires. These sanction checks are on the OIG site. Not sure exactly what drives a person's name to be there except that they have somehow committed Medicare/Medicaid fraud.

I had to terminate a nurse in my employment due to her name coming up on the sanction check (every three months is required by my corp.), and this was 6 months after she was employed (came up clean on her initial check, license clean, etc.) and she had NO CLUE as to what she had done.

It has to do with the Homeland Security Act... :uhoh3:

Thank you jfor your reply and kind words. :)

I wish that I could help you. I'm in Oklahoma, and I agree, this is a podunk state where the Good Ol' Boy System reigns. Have you contacted a lawyer? I think that this would be the appropriate action. Good luck to you, and I hope that you stay clean and strong.

Thank you for your reply and kind words, the OIG is federal entity, once on their exclusion list, it follows you anywhere in the continental United States,the list was initially for Physicians but the ANA decided to lobby for it to include all healthcare workers, in 1999 I pled no contest to a single count prescription alteration(I altered a prescription form 5mg to 7.5mg) this is a class C felony, I was placed on 3yrs probaiton and it was expunged form my record, no My oklahoma license has been suspended, because I couldn't find work, wich is a part of PEER, and plus I couldn't afford to pay for the random drug screens and the group fees in order to remain in PEER, but your right, I plan to move to another state in the very neer future, the only places Iv'e found to work for are an assisted living company, but once agian, even though my record has been expunged of the felony, the Oklahoma State board knows and notify all other state that I apply to, not to mention the fact I'm still on the OIG exclusion list, once again thank you for your kind words.:)

I Thought Being Upfront With The Obn And Following Through With The Peer Assistance Program Was Respected By The Obn. So Questions???? The Office Of Inspector General Exclusion List And Not Being Able To Work For A Medicaid Or Medicare Facilty..where Does This List Come From And Does It Include The Whole Usa...was That Caused By Changing The Script??? Is That A Felony? Sorry, I Am Just Trying To Understand This. And I Guess I Am More Uninformed Than I Ever Gave Thought To. So, Do You Have A Valid Okla License??? Could You Move To Another State, Is This An Option Or Would This Exclusion List Follow You?? It Is My Understanding That Even A Physician Who Losses Their License Can Work For A Place Like The Doc. The Only Reason I Understood This I Worked With A Very Good Physician Once, Who Lost His License And Was Told He Was Working For The Doc In The Same State He Lost His License In. Now That Is What I Understood. Dont Give Up 'sleepless In Norman'....if You Are Clean And Mean To Stay That Way, There Has To Be A Way Through This. Taking A Danger From The Public Is One Thing But Someone Who Has Worked Hard To Clean Up,this Doesnt Sound Right To Me.

Thank you for your reply and kind words, no my license has been suspended, due to the fact aht when I was terminated from Sta. Anthonys for being on the OIG exclusion list I couldn't find a job and therefore couldn't afford to remain in PEER,ie the cost of drug screening and groups. but I do plan on moving, I just need to find a state that will reward a person for doing the right thing to overcome a bad thing. once again, thank you.:)

Do you still have a vaild nursing licence?

There are alot of states that still have a reciprocity agreement...meaning if you have a valid licence from OK they will give you a licence in their state......there is no investigation etc.

You do still have to find a large preferably teaching hospital to apply to...these places are just too big and too busy to do any criminal investigations.

At this point I believe you have done your time and paid for your crime..your business is yours...you need a job...see if a neighbouring state will licence you before you move....apply for a job before you move...don't do anything until everything is set up and ready to go...there are states dying for experienced critical nurses...you may want to check out a travelling agency...you have options..don't give up hope.

Thank you for your thoughts, you make sense.:)

Personally I wouldn't bother with a lawyer if OK is a "good ole boy" state.

The lawyers and BON are probably in bed together and if the BON didn't do a good enough job of screwing you the lawyers will.

I'd head for greener pastures and put it behind me.

Of course you may have some 'splainin' to do elsewhere, but I wouldn't get bogged down in a lawsuit. JMO.

I'd move and get a job somewhere else.

Good luck.

Have you tried contacting your local congressmen? It may be a long shot but, they can sometimes get a lot accomplished with federal bureaucracies on behalf of constituents. At least you wouldn't have anything to lose by asking for their help with the OIG list.

:coollook:

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