HELP! Submitting declaratory order

Nurses Recovery

Published

Have to submit a declaratory order to TXBON and I'm not sure exactly what to say. I don't want to say too much or the wrong thing. My incident happened over 16 years ago. Was possession. I didn't deal with a friends death well. Was hanging around the wrong people and started using. I quickly learned my lesson and havent used since. It was really a different time for me back then. I was young and stupid.

The issue I'm wondering is. Do I need to say that I'm still in recovery (even though I don't see having an issue ever again)?? Do I say that this was just being young and around the 'wrong crowd' (technically I was in a car with the person who had all the drugs - but was pinned on both of us) - I can't really say I'm 'sober' because I like to drink socially.

I just don't know how to word this.

Any help would be great.

Up Vote Up Vote ×

I am confused what you are asking. Are you saying they ran a check and found this background and they want a statement to decide whether you are eligible?

Also, I highly suggest retaining an attorney. Get one that deals with the board, not just anyone.

Up Vote Up Vote ×
I am confused what you are asking. Are you saying they ran a check and found this background and they want a statement to decide whether you are eligible?

Also, I highly suggest retaining an attorney. Get one that deals with the board, not just anyone.

No - I knew I had something on my background. Like i said it 16 years old. I have to 'declare' it now and have it reviewed before I'm allowed to sit for the Nclex. (I just started the nursing program) I had it 'sealed' (but board of nursing can see sealed) but when asked if I've ever had a deferred adjudication I said yes - I wasn't trying to hide anything. Then they ask 'if you ever said yes to these statements - then you have to submit a declaratory order"

Up Vote Up Vote ×

Oh, ok. They want info regarding that situation and a statement from you about how you've cleaned up your act and how to prove you won't do it again, that sort of thing. You need to consult with legal counsel with how much you should tell. They need it to make a decision.

The following is the TX BON info regarding declaratory orders (most important is bolded):

Sec. 301.257. Declaratory Order of License Eligibility.

(a) A person may petition the board for a declaratory order

as to the person's eligibility for a license under this

chapter if the person as reason to believe that the person

is ineligible for the license and:

(1) is enrolled or planning to enroll in an educational

program that prepares a person for an initial license

as a registered nurse or vocational nurse; or

(2) is an applicant for a license.

(b) The petition must state the basis for the person's

potential ineligibility.

© The Board has the same powers to investigate the petition

and the person's eligibility that it has to investigate a

person applying for a license.

(d) The petitioner or the Board may amend the petition to

include additional grounds for potential ineligibility at

any time before a final determination is made.

(e) If the Board determines that a ground for ineligibility

does not exist, instead of issuing an order, the Board shall

notify the petitioner in writing of the Board's

determination on each ground of potential ineligibility. If

the Board proposes to find that the petitioner is ineligible

for a license, the petitioner is entitled to a hearing before

the State Office of Administrative Hearings.

(f) The Board's order must set out each basis for potential

ineligibility and the Board's determination as to

eligibility. In the absence of new evidence known to but

not disclosed by the petitioner or not reasonably available

to the Board at the time the order is issued, the Board's

ruling on the petition determines the person's eligibility

34

with respect to the grounds for potential ineligibility set

out in the written notice or order.

(g) The Board may require an individual accepted for

enrollment or enrolled in an educational program

preparing a student for initial licensure as a registered

nurse or vocational nurse to submit information to the

Board to permit the Board to determine whether the

person is aware of the conditions that may disqualify the

person from licensure as a registered nurse or vocational

nurse on graduation and of the person's right to petition

the Board for a declaratory order under this section.

Instead of requiring the person to submit the information,

the Board may require the educational program to collect

and submit the information on each person accepted for

enrollment or enrolled in the program.

(h) The information required under Subsection (g) must be

submitted in a form approved by the Board.

(i) If, as a result of information provided under Subsection...(the rest is on page 35 of nursing laws on the TX BON website)

I disclosed my mental illness (and ultimately self medicating with alcohol; I don't have a DUI, no drug diversion or drug hx). Keep in mind that alcohol can be looked at as being just as bad as drugs. So, I would not tell them that you don't do drugs but you drink. Unless they ask or you have had like a DUI, I wouldn't add that. My board requested a letter from provider and a statement from me. The decision they came up with was that I had to enter the monitoring program in my state and I would be approved for NCLEX or if I didn't want that, I could have gone through informal conference with zero guarantee of approval. I did the monitoring program option and I am very shortly taking boards. I am not in TX. Consider legal counsel if you still don't know. I am just saying watch what you say, they may request monitoring (or not) so save your pennies, read the laws and ask questions if you do not understand. My board had a director and deputy directors that I would ask questions to if I didn't understand. My ultimate decision stemmed from weighing the pros and cons and entering the program was better for me.

GOOD LUCK!!!

Up Vote Up Vote ×
+ Add a Comment