Quote from movingalong
and you did not know about it and you ask the BON what address the charges against you were sent and they provide an unofficial document that has your signature on it, probably copied, and you were on the other side of the country and ask for proof that you received notification, do they have to provide this proof? I have been asking for proof for months and all they say is "you signed it.
I have been searching on the Freedom of Information Act but could not understand much about it. It seems that they also have something about being able to disclose or not allow certain information to be disclosed.
I have had several consults from lawyers and in different states and always get a different answer.
Probably few of you have been faced with discipline by the board, with the exception of impaired nurses, but I thought I would through it out there anyway.
Thanks for any possible information.
I'm not sure about what happened to get you in this situation, but I want you to know you are not alone.
I am facing this situation and I thought I never would. I have discovered thru searching the internet that you are far more likely to face than BON than a malpractice suit. I have learned a lot of lessons regarding choice of employers, poor, inexperienced managers and miserable nursing staff can all contribute to board complaints. Most boards receive a myriad of complaints, many minor. Do not make the mistake of thinking only impaired nurses or dangerous nurse receive board complaints. There is a lot of vindictiveness. My best sugesstion is to visit the web site for the BON of the state in which their complaint was lodged and review their statements regarding disciplinary proceedings to determine your rights regarding a hearing of the charges.
If they state you signed a document that you did not, I would think your lawyer would start by validating your signature. Also, Does the BON typically send statements via certified mail. Review when and where it was sent and obtain proof you were not a resident.
What are the answers you are getting from the lawyers you have consulted? Are you consulting lawyers who have experience appearing before a BON. You should specfically consult with that type of lawyer. They are however hard to find. I would try the referral line for the Bar Association in your area. If no luck, try locating lawyers who have experience with employee law (i.e. wrongful termination type cases), they may have lawyers in their firm who have reviewed cases before the pharmacy board or other licensing boards and may be able to stir you in the right direction.