What kind of lawyer can answer my questions?

Nurses General Nursing

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I am applying for a license by endorsement in a state that requests mental health disclosure as follows:

"Within the past five years, have you been or are you currently being treated, or on medicationfor, any mental or emotional illness which may impair or interfere with your ability to practicesafely and in a competent and professional manner?"

These are my questions:

Does one have to disclose this information if they have been stable on medication for the last five years, and have never been unfit to practice due to a mental illness?

What are the consequences of withholding this information if the condition comes out in the future?

Will employers be able to access this personal medical information through the BON?

Is the BON likely to deny an application with a disclosure?

I have looked through the allnurses archives and found conflicting information, and I would like to consult a lawyer. Stigma can be a serious problem in the nursing world, and a disclosure follows a person for the rest of their career, so I need to be sure I am doing the right thing. My inclination is to provide the information, but I don't want to regret it. What kind of lawyer should I be looking for?

To echo what most have already said, I always answer "no" since my ability to work has never been compromised.

"Within the past five years, have you been or are you currently being treated, or on medication for, any mental or emotional illness which may impair or interfere with your ability to practice safely and in a competent and professional manner?"

The wording of this question makes disclosure completely up to you. Do YOU feel your meds could impair you? If not, disclosure is not required.

If you have taken time off for your mental illness or a leave of absence or requested to do so by your employer I would say you need to disclose it. Otherwise, considering the high number of people on an SSRI, they would be reviewing the medical records of everyone.

I have found that lawyers are very poor advisors on these matters and their take on it is to "always disclose". They just don't understand that the BON doesn't work like the medical board for physicians.

I would feel comfortable not disclosing. If they question it, point them to the following sentence "any mental or emotional illness which may impair or interfere with your ability to practice safely and in a competent and professional manner" ~~this sentence is HIGHLY subject to interpretation.

Define impair: Did your medication impair your ability to work? Such as through sedation or carry warnings not to drive or do things requiring mental alertness? Most SSRI don't fit this but other drugs such as Ativan do.

Define safe: Did you make any medical mistakes due to your illness or medication? If not, you pass the safe test.

Professional: Patient complaints tied to your medication or mental illness/emotional illness? Are you still practicing according to the nurse practice act? If not, you pass the professional test.

If you are in a Subutex, Suboxone, or Methadone program, or are on ANY scheduled drug PRN this is the one time I would say absolutely seek the advice of an attorney. Many states will not permit nurses to work while taking these meds. Stable or not.

Just so you are aware, what they are trying to find out is if you need an assessment done to see if you need to be monitored and by monitored I mean be in the exact same program as nurses who were caught diverting meds.

Some of these assessments are shady and affiliated with treatment centers, where they have a financial incentive to deem you as in need of such monitoring, which is expensive and you have to pay for it. Some are shadier than others I guess it depends on the state.

I wouldn't tell them anything unless you personally feel that you are a danger to others.

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