How do BON investigations work?

[ScaredCat]

I was arrested on 3 felony charges of resisting/obstructing/assaulting an officer and my criminal attorney has worked out a plea with the prosecutor to dismiss 2 of the felonies and offer one attempted resisting/obstructing/assaulting an officer charge. I'm due in my next court date to plead to the charges, assuming I can't get it further reduced. My healthcare attorney has prepared a letter of collateral consequences to hopefully convince the prosecutor to further reduce the charges, but my criminal attorney says it's highly unlikely that will happen. The court will report the conviction to the licensing board within 21 days and I have to self-report within 30 days of accepting whatever plea offer I get. Any assault related conviction will bar me from working at my current job and my healthcare attorney said the BON will notify them of my conviction and I will be fired. My question is how soon does the BON notify my employer of the conviction and begin the investigation process? I want to resign from my position, rather than get fired - not only to save what's left of my dignity and reputation with my colleagues, but also so that I will get paid out all of my accrued PTO when I leave. I'm going to need that money. But I don't want to resign too early either, because,  again, I will need the money. Does anyone have any insight on how this process works? I asked my healthcare attorney, but that seemed like the least of her concern and she didn't really give me an answer. I'm the type that needs a plan for all possible outcomes and the stress of this all has been and continues to be very overwhelming for me.

[kbrn2002, ADN, RN]

If your employer allows can you resign, collect your accrued PTO and still stay  on as a per diem employee and continue to pick up shifts as long as you are able? 

I'm guessing probably not as going per diem would mean you are still employed so they probably would not pay out PTO but maybe they would. My old employee requested I stay PRN and while I declined there was no indication that they wouldn't pay out my PTO if I had so it's worth a shot.

[ScaredCat]

Because the crime is "assaultive in nature" (resisting/obstructing/assaulting an officer) I will be barred from working with vulnerable populations for 3 years, and those organizations are prohibited from employing someone with this conviction, in any capacity, so I will not be able to stay where I'm at. My employer requires employees to give 2 weeks notice and finish out those 2 weeks in order to be paid out the PTO. I want to give notice so my teammates aren't overwhelmed and so management can work on finding coverage until they can hire a replacement, rather than just using up my PTO before I leave or getting fired and losing it outright. I just don't know how quickly that will happen. 

[EdieBrous, BSN, MSN]

Get the opinion of a licensure defense lawyer in your state.  There are advantages and disadvantages in resigning vs. being terminated. And you should be represented, or at least advised, before reporting anything to the BON.

[kbrn2002, ADN, RN]

ScaredCat said:

Because the crime is "assaultive in nature" (resisting/obstructing/assaulting an officer) I will be barred from working with vulnerable populations for 3 years, and those organizations are prohibited from employing someone with this conviction, in any capacity, so I will not be able to stay where I'm at. My employer requires employees to give 2 weeks notice and finish out those 2 weeks in order to be paid out the PTO. I want to give notice so my teammates aren't overwhelmed and so management can work on finding coverage until they can hire a replacement, rather than just using up my PTO before I leave or getting fired and losing it outright. I just don't know how quickly that will happen. 

ETA: I do see that's been a little while since you posted this. Hoping everything is working out well for you

Thing is there's just no telling when the BON will reach a decision. Most states BON's are not known to act very fast and when your BON does  respond to the charges it could come with very little warning so then you might not have the opportunity to leave on your own terms and collect that PTO which is why I suggested staying on per diem if your employer allows so you can keep at least some income flow as long as you can. I'm honestly not sure how/if that would work as I'm not too familiar with the process so ask an attorney that is familiar with nurse licensing issues if this would possibly be an option for you.