Fearful of Licensure in South Carolina

[Tijoux]

I am about to finish nursing school in South Carolina and after having a very very close friend loose her license, after seeing the abuse of authority and power and tyrannical behavior by South Carolina’s BON I am now afraid to apply for or obtain an RN nurse license in the state.

My close friend was licensed as a nurse in South Carolina, the BON first accused her of abusing the patients drugs (taking them herself), based on a report from her staffing agency (who I must say, was over 120 miles away, and reported by an office staff person who was not a nurse.) The allegation was at least relayed to the staffing agency by the nurse manager, whom had it relayed to her from some other unknown individual. First of all the initial complaint was reported by someone who did not have first hand or even second hand knowledge of the alleged incident. The Staffing agency requested that she take a drug test, which she did that day; the test came back negative (no drugs in her system). A state agency, other than the BON, Department of Health and Environmental Control (DEHEC), conducted an investigation of the alleged incident and their report stated that there was no evidence to support the allegation or any wrongdoing.

The BON issued an order for an evaluation by the Recovering Professionals Program (RPP) for a drug dependency problem and on the same day, just minutes from the issuance of the order to go to RPP issued an order immediately suspending her license. RPP is an organization that treats and monitors nurses and physicians who are drug addicts or who abuse drugs or alcohol. The BON did not even give her an opportunity to comply with the order for the evaluation by RPP. She went to RPP and took two more drug tests, one urine test and a hair test (which as you know can go back several months to determine if drugs had been used over the past 3 months or more). Both drug tests were also negative. The psychiatric evaluation, by the psychiatrist at RPP gave a diagnosis that was negative for an addictive personality and negative for a drug dependency problem.

To recap, all three drug tests were negative for drugs, the psychiatrists diagnosis were negative for any drug related issues, and the investigation by DEHEC found no evidence of drugs being misappropriated, stolen or otherwise misdirected.

Despite these facts the BON refused to give her her license back, has not allowed her to have a hearing, has not complied with the state’s nurse practice act, http://www.scstatehouse.gov/CODE/t40c033.htm, SECTION 40-33-116 paragraphs A and B “ A licensee or applicant who is prohibited from practicing under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of nursing with reasonable skill and safety.” The BON has also violated SECTION 40-33-1330 paragraphs A and B “A hearing must be promptly commenced and determined.” As they have refused to schedule a hearing until 7 months after her request."

The BON violated her Bill of Rights and U.S. Constitutional rights, violated several sections of the state’s nurse practice act, violated their own regulations and tossed aside any and all evidence in her defense and evidence that has demonstrated that she is not guilty of drug abuse, nor stealing any drugs from the facility, nor any of the allegations. Yes I have personally seen and read all of the documentation that the BON has sent, plus have been a witness to the conversations between her and the BON. The BON further sent her a consent agreement, which basically has language in it that she admits to all of the nonsense the BON has accused her of and the BON has threatened her and has tried to coerce her into signing the document and if she does not sign the document they will not give her her license back. If she does sign the document she most likely will not be able to work because of all of the restrictions placed on her license. She will be treated like a convicted drug addict, having to suffer, at her own expense drug tests demanded upon her at any time that the BON wishes, is not allowed to move anywhere without the BON’s prior approval, and can not accept a nursing position anywhere without the BON’s prior approval.

Please tell me if all of the BON’s in every state are this corrupt? Do they get off on destroying nurses and putting them out of work with no cause? Do they all like abusing their power and authority? If this is the case I just wasted four years in nursing school as I refuse to be a party to these types of tyrannical acts by BON’s.

[oramar]

I can list 10 good reasons to be a nurse. Unfortunately, I can list about 300 reasons NOT to be a nurse. Living in fear of the BON one of the negative reasons. Some people claim that fear is unfounded but sometimes I wonder. My guess is that some people will come to the BONs defense. However, I won't be one of them. I have no doubt that in a rare instance things could go down just the way you describe.

[pennyaline]

"Fearful of licensure in..." Fearful?? Judas H. Priest!

Do you have any more loaded questions to bring up?

We have no answers in terms of the actions of your state's BON. They do what they must after examining ALL of the evidence. They have investigators who go out and find the facts and details which your most excellent friend probably hasn't shared with you. What you've brought to us is hearsay and hearsay is useless, but I hope you feel better now that you've gotten it off your chest.

Grow up, accept that perhaps your very very good friend has lied to you, deal with it, get your license and move on.

[llg, PhD, RN]

If what the OP has said is true, then her friend is a very lucky person. She can get a lawyer and take the case all the way to the Supreme Court. Write a book, maybe have it made into a movie, and make a fortune.

If the Board really operated that way, it would be a major scandall and she should have no trouble proving that in a court of law.

Congratulations to her! She can get rich off the Board of Nursing!

[Tijoux]

To LLG,

Thanks for the reply. She has talked to several lawyers and they are all apparently afraid of the BON, or afraid of having to actually work.

However, she has written to the ACLU (American Civil Liberties Union) has shown them all of the paperwork sent to her by the BON and they agree that she has a good case that the BON has violated her US Bill of Rights and they will support her with resources, research and even work as co counsel, they can not be the primary attorney for her

[pennyaline]

To LLG,

Thanks for the reply. She has talked to several lawyers and they are all apparently afraid of the BON, or afraid of having to actually work.

Uh... uh huh.

However, she has written to the ACLU (American Civil Liberties Union) has shown them all of the paperwork sent to her by the BON and they agree that she has a good case that the BON has violated her US Bill of Rights and they will support her with resources, research and even work as co counsel, they can not be the primary attorney for her

Uh huh. Um, okay. Tell me why the ACLU can't represent her in a court of law. Oh wait. On second thought, don't. Never mind. If ignorance is bliss, 'tis folly to know. Can someone put an end the OP's button pushing, please?

[Tijoux]

The ACLU stated their regulations do not allow them to act as a primary counsel. I did not know that they could not act as primary counsel either.

[Miss Mab]

While it's true that we can't be certain whether or not the OP's friend was actually guilty of any ignorant or inappropriate behavior, we can be 100% sure that a few of those who have responded most decidedly are!

Look, believe the OP or not----in truth it's not even relevant to the bigger picture--and that is the fact that a great number of our state licensing boards are afforded enormous power over an individual's rights and the manner that control is sometimes wielded generally occurs in a systemic fashion that is largely unregulated, arbitrary and without the due recourse one might expect within any other potentially punitive environment such as the criminal justice system, for example.

Make no mistake----you make a contract with the licensing board when you accept that license and too many aren't fully aware of exactly which 'rights' you are essentially agreeing to give up when doing so.

I have no idea if the OP story is factual but certainly there is enough info out there on record to learn for ourselves that abuses like these can and surely do happen in this industry.

It's a shame if this becomes yet another area--like capricious firings, assault by docs/patients,etc.---- where people simply refuse to believe it could be true until.....

...another reason to always carry your own insurance(and make sure it's the kind that will include nursing board representation if, fingers crossed, you ever need it).

For the record, I haven't, TYVM, but not so ignorant as to assume such a thing could never happen

[llg, PhD, RN]

To LLG,

Thanks for the reply. She has talked to several lawyers and they are all apparently afraid of the BON, or afraid of having to actually work.

However, she has written to the ACLU (American Civil Liberties Union) has shown them all of the paperwork sent to her by the BON and they agree that she has a good case that the BON has violated her US Bill of Rights and they will support her with resources, research and even work as co counsel, they can not be the primary attorney for her

That's great. Now she doesn't have to pay for legal reprsentation. She can fight the system for free. She can correct the injustice, have a successful nursing career, and make some extra money on the side selling her story. Good for her!

I'm glad to read that she will have such a happy ending.

I realize that boards may be unfair at times. Life is full of risks. We all take risks every day. All we can do is keep on noses clean, have plenty of insurance, have "savings for a rainy day," and be prepared to endure whatever hardships come our way. I am not going to live in fear because life isn't fair sometimes.

[lnt3]

I realize it is difficult to distinguish the truth from lies in this situation.

Regardless of who's telling the truth, bottom line is you can lose your license in any state at any time for any inappropriate behavior. SC is not unique in that respect. This is what makes being careful and meticulous about your job so important. Simply do your job and do it correctly and you'll have no problem!

[pennyaline]

While it's true that we can't be certain whether or not the OP's friend was actually guilty of any ignorant or inappropriate behavior, we can be 100% sure that a few of those who have responded most decidedly are!

As they say on Law & Order, the poster is assuming facts not in evidence. As we don't know if this incident as presented by the OP is factual or not and no substantive information has been provided to sway it either way, it is neither correct nor incorrect, appropriate nor inappropriate, ignorant nor enlightened to respond as though we're staring down at a pile of horse flop.

Look, believe the OP or not----in truth it's not even relevant to the bigger picture--and that is the fact that a great number of our state licensing boards are afforded enormous power over an individual's rights and the manner that control is sometimes wielded generally occurs in a systemic fashion that is largely unregulated, arbitrary and without the due recourse one might expect within any other potentially punitive environment such as the criminal justice system, for example.

Nonsense. We train for and enter a licensed profession governed by a body charged with protecting the public welfare. It is controlled by a vast system of regulations, some general and others specific to each of the professions. It is not arbitrary and there is recourse available through the licensing body itself as well as through the courts.

Make no mistake----you make a contract with the licensing board when you accept that license and too many aren't fully aware of exactly which 'rights' you are essentially agreeing to give up when doing so.

It is the responsibility of each applicant to understand what he or she is getting into when they swear out their affidavits and sign on the dotted line. If the number of "rights" to be lost is not agreeable, don't sign. But if the applicant is willing to accept social contract with the benefits and hardships that it entails, and take on the privilege of conscientious practice that will follow, it's a fair deal.

I have no idea if the OP story is factual but certainly there is enough info out there on record to learn for ourselves that abuses like these can and surely do happen in this industry.

It's a shame if this becomes yet another area--like capricious firings, assault by docs/patients,etc.---- where people simply refuse to believe it could be true until.....

Capricious firings, assault and abuse are not analogous to the OP's story. The OP is relating hearsay, one-sided secondhand information which is hardly reliable but we're supposed to believe because she swears it's gospel. One has nothing to do with the other. By the way, it isn't that no one believed there were capricious firing and assault and abuse, it's just that we're told from day one by instructors, employers and each other that these are things we have to put up with. THAT is what made those issues difficult to deal with.

...another reason to always carry your own insurance(and make sure it's the kind that will include nursing board representation if, fingers crossed, you ever need it).

For the record, I haven't, TYVM, but not so ignorant as to assume such a thing could never happen

Insurance will help you if your sued, but it won't do much for you if the investigating body finds sufficient reason to restrict, suspend or revoke your license.

And I'm very happy that you're not so ignorant to assume such a thing could never happen. I wonder who you think IS ignorant enough to think his or her license could never come under scrutiny. Why are you so willing to attach the ignorant label?

[Miss Mab]

Why are you so willing to attach the ignorant label?

I suppose because I'm rather unwilling to be rude and ignorant is considered more delicate than stupid.