Endorsement-Diversion-Do They Need to Know?

1Tulip · May 23, 2006

I am completing Diversion in CA and will be applying for a TX RN license soon. I know that I will need to explain my treatment for chemical dependency to the TX BNE, but must I also tell them I was in Diversion? Since I will have completed Diversion by the time I apply for the TX license, I think that I have no obligation to tell them I participated in a Diversion Program. I have no past or pending legal issues that would require further explanation. I just want to be sure that I follow the rules yet refrain from incriminating myself.

I'm assuming that you agree with the California Board that you were in need of a period of supervision because of a problem related to drugs. I'm also going to assume you're going to be straight up and honest with the TX BON about this problem and how it impaired your ability to function as a professional. SO... if you're going to tell them all that, why are you reluctant to tell them that you successfully finished a period of professional supervision. That is to say, why tell them the bad stuff without telling the good ending.

NOW: Our family has some history with Diversion Programs. Daughter MD. Years ago got a DUI. Absolutely clean, not even a parking ticket since then. Not a problem drinker by ANY measure. State medical diversion panel calls her in, rakes her over the coals, asks bucket loads of inappropriate questions ("So... your last name is Irish. Did you know they have a proclivity for alcoholism?" You can't make this stuff up.) She was told she would get a provisional license with spot urine checks (which she would have to pay for) and she would not be allowed to use any any alcohol, OR benzo's or opiates for any reason even under medical supervision for the next year. Subsequently, another member of the panel looked into her situation and told the first interviewer to get a life. She's got her license and everything is fine.

But here was the take home message. She has learned that she will never, ever go into a panel like that without her attorney. She is entitled to due process and the state cannot impose an undue burden. Because of her DUI, she may have to face it again, but she's going to go in armed and lawyered up.

So... you're clean. You've proven your reliability and sobriety. Why should your success hold you back? I'm for being transparent, honest, and prepared to deal with unreasonable licensing hurdles. Does that make sense?

CA_Nurse · May 24, 2006

1Tulip, thank you for a thoughtful reply. I absolutely believe that CA's Diversion Program saved my life. So, yes, I agree that I needed help with my disease of addiction. I have attended a nurse support group that suggests being honest about my illness. They also support the right not to self-incriminate.

If the CA BRN is going to shred any evidence that I was in Diversion after my completion, it means to me that this is a confidential matter that I need not discuss with any licensing or hiring authority. Why should I take the risk of sharing with the TX BON that I was in Diversion only to find out there are some people on the Texas review board that had similar mindsets to those in the case of your daughter? I wouldn't want to be unjustly penalized. I guess I am most worried that all I worked for in the state of CA might be thrown out in TX, and I would have to complete another Diversion Program. I would view this as an "unreasonable licensing hurdle." (Talk about your triggers to drink!)

I want to share with them about my life in recovery. I don't have the shame I once had about addiction. So, I'm not ashamed of my Diversion history. The issue for me is not moral or ethical, it's legal. Mostly, I just want to know if I am required by law to share past Diversion participation with the BON. If so, that's fine. If not, that's better!

TazziRN, RN · May 24, 2006

If you successfully complete Diversion there is NO RECORD of your participation in it, not even at the BRN. Is there a reason why you need to disclose your treatment for dependency? If not, you do not have to disclose about Diversion. If yes, then you should disclose.