should I just give up? DUI/ mental illness

Nurses Criminal

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Specializes in Nursing.

Hello all,

I recently finished school with my ADN (hooray)! Unfortunately, clinicals were a struggle for me and I had to come clean in my final semester to the dean that I had anxiety/depression/ adhd or risk failing school (long story). I was allowed to continue school under partnership with my college’s students with disabilities office, and found that my performance improved dramatically after giving things a second try. My instructor who said she was laser focused on failing me even admitted that she could find no reason to do so at the close of the semester- and complimented me on my work. I went from nearly failing clinical to getting an A on all of my assignments.

I recently applied to the BON for my License. I didn’t disclose my mental health history because I didn’t feel I was a threat to patients as evidenced by the observations of my instructor. I also like to keep my health and all of its issues private due to have been stigmatized and passed over for chances, along with being pigeonholed as incapable. I don’t really think it’s anyone’s business- and my psychiatrist agrees. I actually ran this past my mental health providers and they are the ones who originally suggested that I not say anything to the board.

The trouble is, I also have a 12 year old DUI conviction (misdemeanor) which I received before nursing was even a thought in my brain. Even though it’s long behind me, I feel like this compiled with my revealing school records showing I had a mental condition or three is basically like shooting myself in the foot as far as a license goes. Furthermore, as I’ve been unemployed for several years as I worked on school, I don’t have the savings to find a lawyer plus fund a probation program should I be placed into one. Should I just give up at this point and try to find a non - medical job?

Note: I live in a state where expungement is not an option.

Please do not give up, you have come this far. In my opinion, your state BON will likely force you into their monitoring program. It is no fun, it is not fair but it is doable and only lasts a few years. I recommend you stay the course and try to find sources of income ASAP. If the BON does require monitoring then look for a job that fits their stipulations. I promise you, this too shall pass.

Specializes in Nursing.

Hey Tigerlily8,

Thanks for your feedback. I have heard about the ordeal that monitored nurses get put through and the expenses associated. I just don’t have a way to keep paying for the monitoring without a job and know the struggles I will face in getting a job if I in fact do get placed (new grad and restricted). Nobody’s mentioned the costs, but I’m sure it’s astronimcal. I just can’t keep throwing money at this problem. I wish the school would have been honest with me before signing up... I wouldn’t have wasted the years and the time and the stress trying to get through this all. I feel like I acccomplished nothing in all of that time. I truly feel sick to my stomach. This was a my second chance. Am I just borrowing trouble? The BON has yet to reply to my application.

Specializes in BSN, RN-BC, NREMT, EMT-P, TCRN.

Did you disclose your DUI when you applied to nursing school, or when you applied to take the NCLEX? Or did they find out on their own. It's not clear.

Specializes in Nursing.

I disclosed the mental illness to the school once I was forced to do so. I didn’t want to , but I had to. School had to check my background through the state in order to perform patient care, so they know about I had a blemish on my record. The state cleared me anyhow. I shared the misdemeanor conviction on my RN application with the board, but not my illness history on advice of my doctors. I doubt the mental illness issues will come up unless the school shares my disability status, but I don’t think they’re allowed to do that, are they?

Specializes in BSN, RN-BC, NREMT, EMT-P, TCRN.
12 hours ago, poweringthrough said:

I disclosed the mental illness to the school once I was forced to do so. I didn’t want to , but I had to. School had to check my background through the state in order to perform patient care, so they know about I had a blemish on my record. The state cleared me anyhow. I shared the misdemeanor conviction on my RN application with the board, but not my illness history on advice of my doctors. I doubt the mental illness issues will come up unless the school shares my disability status, but I don’t think they’re allowed to do that, are they?

That would most likely be a HIPAA violation.

Specializes in Psych, Addictions, SOL (Student of Life).

The BON in most states is not interested in anxiety disorders or depression unless you have been hospitalized or have been unable to function in normal life circumstances, When they are asking about mental health they are generally asking about being treated for psychosis or taking medications associated with these disorders. If you are not taking Benzo's or other drugs that are commonly tested for don't disclose your illness. As far as your DUI is concerned see if there is a Statute of Limitation. California only asks if you have been treated for a substance abuse disorder in the past 10 years. If your state is the same there is no need to report.

Good luck to you

Hppy

Only you know your situation, but please don't give up unless you know for sure what hurdles you face. I have a bad habit of stressing out over "what if" and I really work hard on staying grounded. It will help if you can nail down the facts. Hurdles aren't walls. You can overcome hurdles. You don't want to waste all of your very hard work.

I often fall back on the nursing process as a resource. Remember your ADPIE:
Assessment: Stop, take a breath, and assess the situation.
Diagnosing: Make an educated judgment about what is going on.
Plan: What strategies can you use?
Implement: Use those strategies
Evaluate: Is it working? Do you need to try something else?

I actually write stuff out because if I write down, "I'm a big loser" then I can see that isn't helpful and break it down to, "I am too anxious to study" and "I am always tired and emotional" I can work on that.

Becoming a nurse was the hardest thing I had ever done and actually being a nurse, after a few hard first years, is perfectly fine.

It is ironic that nursing school, which required every emotional resource I had, also reduced my access to those resources, like sleep, peace of mind, and down time. I am so glad those days are behind me!

Hi,

I urge you to be rational and creative in this decision. For example, try to calculate your future earnings as an RN vs whatever other skills you possess. Today RNs command a pretty nice salary compared to Liberal Arts, Communication graduates, etc. The barrier you are experiencing will only last a few years. How many years more do you expect to remain in the workplace ? Can you arrange to have a roommate or live with a friend or family for awhile until your income stabilizes? The program I am familiar with is TPAPN, the drug tests are $55 each, expect to be tested weekly in the beginning. There are a few other charges as well. Figure out how much you have invested in your nursing degree, Is it wise to set it aside?

Specializes in Nursing.

Hey all,

I thought I would check in since it’s been a few days now. Things went better than expected, and it turns out I borrowed a whole lot of worry over nothing. My ATT came through recently without issue. I didn’t hear from the board at all. I spent a week trying to retain character references, police reports, court records and the whole ten yards in preparation for an epic battle. I let my imagination get away based on other tales of woe I have heard from aspiring nurses on here and in regular life. I don’t know what made the BON hand down my ATT so quickly (and ahead of schedule), but I’m grateful and I don’t plan to dwell on the details. I’m just letting my breath out and going into this knowing my deeds are now an open book to them, and planning on not giving them reason to ever look in my general direction the rest of my career. Here’s to keeping the rest of my life nice and uneventful.

To all potential and already hard-working RNs: We are humans. People do make mistakes at least once in their lifetime. Let's just NOT hurt anybody's feeling, because like I said, we are all humans, and people make mistakes at least once in their lifetime.

HERE IS THE GOOD NEWS!!!!

Before I go further, I would like to introduce myself. I am in a same boat as many of you. Had DUI 5 years ago, got it dismissed under CA Penal Code 1203.4. In California, there is no such thing as "EXPUNGEMENT/SEALED RECORD." Dismissal is the best thing you can do, which many lawyers call it, "expungement." But this judicial dismissal (penal code 1203.4) wasn't helpful AT ALL. Why? READ below:

Let me tell you my story.

1. Judicial dismissal of my DUI after 3 year probation - under penal code 1203.4. In order for you to get this, you need to settle all your fines, probation period, community hours, AA, anything that court asked you to do to settle this case.
2. When I had to do a fingerprint for Licensure, I requested for MY OWN copy of FBI RAP Sheet (the one that board is going to see).
3. EVERYTHING APPEARS on that FBI record. EVERYTHING BEYOND 7 YEARS. YOUR ENTIRE LIFE RECORD IS THERE (Except juvenile cases. If your case was ruled under "Adult level court," no matter how old u were, those records are there) - what does this mean? EVEN IF YOU "JUDICIALLY DISMISSED" your case under Penal Code 1203.4, IT SHOWS UP ON THAT RAP SHEET. It just indicates that it is DISMISSED. The BRN will see EVERYTHING. Your arrest time, reason for initial arrest, conviction, and dismissals. This is WHY I tell people: PLEASE PLEASE DISCLOSE ALL CRIMINAL CONVICTIONS TO THE CA BRN. BE HONEST!

It's been six years of my FIRST/LAST DUI, and I was STILL SCARED TO APPLY. I am currently residing out of state due to high cost of living in CA and fear of denial in my CA RN licensure (I didn't even try to apply for CA RN, because if you get denied, it makes you extremely difficult to obtain another license out of state). I got my RN license here without any problem. HOWEVER, I have my family there. I grew up in CA and lived my entire life there. I really would like to go back to my family, community, and want to help people out there too. BUT I COULD NOT!!!! Not until I get CA RN License. I was desperate. I love CA, but if I get denied for CA RN licensure as endorsement, my current license will be affected too. That's why I hesitated to apply to CA.

However, after a long research (as a former pre-law student and I am the type of person who goes through EACH LINE ON THE BILL regarding the CA BRN'S legal right to deny, revoke, suspend RN Licensure before attorneys), I just found out that CA Governor Jerry Brown signed a Bill 2138 in September 30 , 2018. This Bill will save lots of lives!!!! It will be effective on July 1, 2020.

This newly enacted law states that: As of July 1, 2020, section 480 will be amended to provide that an applicant cannot be denied a license “on the basis of any conviction, or on the basis of the acts underlying the conviction,” if the conviction has been DISMISSED (under penal code 1203.4 and etc).

Until now, The board had EXTENSIVE authority to deny any applicants with prior convictions including minor misdemeanors (Due to the broad term under current existing law). Some got even denied with their 10+ years ago DUI record that was already dismissed. HOWEVER, starting July 1, 2020, The BOARD CANNOT DENY ANY APPLICANTS WHOSE CONVICTIONS ARE DISMISSED UNDER PENAL CODE 1203.4, AND THEY CANNOT DENY ANYONE FOR CRIMINAL RECORDS THAT ARE 7+ YEARS OLD.

* But if your crime is involved DIRECTLY with health profession (such as sexual offenders, child abusers, elderly abusers, medicaid fraud related issues) you are not protected by this law.

I am crying right now. I have hope that I can go back to CA to live with my family again.

So people out there, who are in similar situation as I am, DO NOT LOSE YOUR HOPE. Make sure you are in good status, learn from past mistakes, and be ready to serve for all vulnerable population as a NURSE. People DO MAKE MISTAKES. CA is now giving people a chance to live again!!! Hurray!!!

https://bon.texas.gov/pdfs/disciplinary_sanction_policies_pdfs/policy_minor_criminal.pdf

If your DUI conviction is more than 10 years and it is a single conviction. Also, if you are not currently on probation, you can always come to Texas.

Regarding to mental illness, each state is different.

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