Published
Yes, because if you are being mandated to get an SUD eval from the BON, then the BON/HPRP will have certain sites that are approved/they work with the HPRP and BON. You will have to go to one of those sites. The danger here is that across the country, these "approved sites" that work with the monitoring programs and BONs are very QUICK to label/diagnose someone with an SUD when in fact, they may not have one. The monitoring program and BON and SUD eval place all Make More Money and get a new customer IF you are diagnosed with SUD.
If you have done nothing wrong, get an attorney and get Another Eval Outside of one of the approved sites of the HPRP. This way, you have 2 evals and if you have just 1 eval that says you don't have an SUD, you give that to your lawyer and your lawyer can then try to get your case in the hands of an administrative lawyer Judge which doesn't care about what the HPRP or BON "approves." They will hear the evidence.
I knew I had to pick from their list and went with what my gut instincts told me to pick. Evaluator said I don't fit SUD criteria and they have no diagnosis but is recommending AA 3x a week. Does this mean 3 year monitoring agreement? And if I don't fit a criteria it makes me think there evaluators are required to suggest something. I am in NP school now too and am afraid I'll get kicked out if placed into monitoring. I've driven myself mad reading the entire recovery board. Anyone else self report get no diagnosis and still land in a program. Context I made a stupid mistake working nights, Blew well under the legal limit but I still f**** up. Been sober since and all my test are negative. Honestly, this whole experience has terrified me so badly I don't think I will drink again.
Get an attorney and get an independent eval now. Go also to the eval the BON picks, but get your own eval also. If you show up to the often corrupted BONs eval place with an Independent eval and you also notify them you have an attorney who wants a copy of the eval and you sign paperwork giving them permission, then how likely are they to cheat? They are going to think twice.
If the corrupt facility says you need monitoring or have an SUD and you have an Independent eval that says you don't, then your attorney can get the case to a court a law in front of an admin law judge, a formal court hearing that WILL allow your Independent eval as evidence, regardless of what the BON says. I use to be in thr legal field years ago and I saw this many times.
The BON often gets nurses by convincing nurses that only the BON approved eval sites are considered and 99 percent of nurses believe it and they get stuck in monitoring. If these nurses would have just got another Independent eval and an attorney, the attorney would have got the case to a court of law, before an admin law judge, and usually, the BON backs down before they step into a court. They will try to make a deal such as, "non public, no discipline, 12 months of monitoring," and most nurses take that deal.
I have an attorney that helped me with my original owi case I just don't know how much experience he has with the board he said he's represented numerous nurses and physicians with cases but he seems very hands off and overly optimistic keeps saying that this is nothing and they have bigger fish to fry than giving me a hard time about it.
CDW said:I have an attorney that helped me with my original owi case I just don't know how much experience he has with the board he said he's represented numerous nurses and physicians with cases but he seems very hands off and overly optimistic keeps saying that this is nothing and they have bigger fish to fry than giving me a hard time about it.
I had a consultation with a lawyer who specializes in this. I did it too late. The only thing he could offer was names of who to use for their independent evaluation. He said the board usually sides with the monitoring agency but it was worth a try. Who evaluates you matters but the head of the monitoring program can over ride them.
Mine is private so I didn't fight it
Thatnurse20
2 Posts
Does it matter who or where you go for an evaluation