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How can I appeal the decision ofthe NY state board of Nursing?

Nurses   (3,071 Views 23 Comments)
by Brithany#1 Brithany#1 (New Member) New Member

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DoGoodThenGo works as a Entrepreneur - Business Owner.

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Was able to find an America Health Care school of PN that was shut down in PA, but nothing for NYS.

America Health Care, Inc. LAWSUIT

In any event as the NYS board hasn't rendered a decision on your license application there isn't anything to appeal. If and or when you receive a denial then you can take/seek appropriate action.

Am confused as others as to why merely attending a nursing program that was closed or whatever has landed you in the NYS BON's crosshairs for "moral character" review. Unless you were in on whatever offences those running the nursing program were accused or somehow more than just a student nurse, don't see the connection.

NYS is clear on "moral character" for those seeking licensure:

Moral Character Requirements

You must demonstrate that you are currently of good moral character in order to be licensed or registered as an RN or LPN. When you apply for an RN or LPN license or to renew your registration, you will be required to answer the following questions:

•Have you been found guilty after trial, or pleaded guilty, no contest or nolo contendere to a crime (felony or misdemeanor) in any court?

•Are criminal charges pending against you in any court? Has any licensing or disciplinary authority refused to issue you a license or ever revoked, annulled, cancelled, accepted surrender of, suspended, placed on probation, refused to renew a professional licensed or certificate held by you now or previously, or ever fined, censured, reprimanded or otherwise disciplined you?

•Are charges pending against you in any jurisdiction for any sort of professional misconduct?

•Has any hospital or licensed facility restricted or terminated your professional training, employment or privileges or have you ever voluntarily or involuntarily resigned or withdrawn from such association to avoid imposition of such measures?

A "yes answer" to one or more of these questions will not necessarily disqualify you from a license or a registration. The New York State Education Department decides on a case by case basis whether prior criminal conviction(s) or other issues will disqualify the applicant from being licensed or registered as an RN or LPN.

400 Bad Request

Did you attend then graduate from this "America Health Care" school of nursing and file an application for licensure to NYS or anywhere else?

More to the point did such an application result in a denial based upon where you graduated (first school of nursing), and did you inform NYS of all this when applying for licensure now after subsequently attending and graduating from a different program?

If answer to above is "yes" then it *might* be NYS is taking a closer look at your application because of exactly reason given; you once attended a school what was closed, and even though you went on to someplace else they want to take their time.

Personally would just sit tight and wait for word from NYS one way or another. People hear or see the words "Moral Character" in regards to a pending nursing license and think the state is calling them a loose tart or something. When you can see from above NYS does have a rather general if not broad meaning assigned to those words.

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181 Visitors; 4 Posts

Nope I have no charges pending against me. If I had something to hide I wouldn't be on this platform asking questions. I'm clean and that's why I am so confused and i'm trying to find answers. I haven't received anything official from the BON yet. The " morale character issue" comes from the last person I spoke to when I called the NY office of the profession, and she couldn't give me any explanations. Thanks to all of you, your thoughts are very important to me!

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57 Likes; 3 Followers; 33,554 Visitors; 4,124 Posts

Nope I have no charges pending against me. If I had something to hide I wouldn't be on this platform asking questions. I'm clean and that's why I am so confused and i'm trying to find answers. I haven't received anything official from the BON yet. The " morale character issue" comes from the last person I spoke to when I called the NY office of the profession, and she couldn't give me any explanations. Thanks to all of you, your thoughts are very important to me!

Couldn't or wouldn't? Did she know the particulars of your case?

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BostonFNP works as a Primary Care NP.

18 Likes; 1 Follower; 3 Articles; 54,184 Visitors; 5,223 Posts

You can't appeal a decision that hasn't been made; hope it just works out for you without the hassle. If there is a rejection, get a lawyer.

I am far from a legal or BON expert but this is very curious, hope you post once you know more to let us know what happened. I have only heard of this when applicants have been dishonest on their licensing application.

Did you fill out a Certification of Professional Education Form?

I wonder if the BON is investigating your academic qualification, essentially verifying you attended and graduated from a valid nursing program. If you attended the closed school in 2008 you would be eligible to take the NCLEX-PN, then you could try to apply for a license with a board pass and fraudulent academic records. They would need to verify that your educational qualifications are legitimate, though I think that submission of transcripts occurs automatically in NY.

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delawaremalenurse works as a Occupational Health NP.

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No decision has been made...so there is nothing to appeal at this time. If the decision is not in your favor then you can contact a lawyer and review the facts of the case and see if filing an appeal is an option for you.

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7 Likes; 1 Follower; 32,048 Visitors; 6,945 Posts

presuming you are a resident of NY, I would contact my state rep, if I were you.

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181 Visitors; 4 Posts

I'm still waiting for some "official " letter from the BON ....How do I contact my state rep, any ideas?

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KelRN215 has 10 years experience and works as a Complex Care Manager.

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I'm still waiting for some "official " letter from the BON ....How do I contact my state rep, any ideas?

You should be able to find out the information on the state's government website.

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Seaofclouds is a BSN, RN and works as a RN.

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I'm still waiting for some "official " letter from the BON ....How do I contact my state rep, any ideas?

You won't receive something official from the BON until they make a decision. Contacting your state rep isn't going to help you get an answer from the BON. When was the last time you spoke with someone? If it has been a bit, I would call and check in again. Then, when you call again, ask if there is anyone you can speak with if there is still an issue.

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7 Likes; 1 Follower; 32,048 Visitors; 6,945 Posts

You won't receive something official from the BON until they make a decision. Contacting your state rep isn't going to help you get an answer from the BON. When was the last time you spoke with someone? If it has been a bit, I would call and check in again. Then, when you call again, ask if there is anyone you can speak with if there is still an issue.

contacting your rep may well push things along, and at least get clarity on the problem

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79 Visitors; 3 Posts

I'm still waiting for some "official " letter from the BON ....How do I contact my state rep, any ideas?

any updates?? hope everything went well.

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