I survived the Board of Nursing

I have been a nurse for over 30 years. I was working as a Nursing Director for a non-profit organization supporting adults with intellectual disabilities. I had worked there for several years but the stress was taking its toll, so I decided to move on to something less stressful. A full two months after I left, I received a letter from the board of nursing stating that there was a complaint against my license. Nurses Professionalism Article

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Where do I begin? I have been following this site for years and it has been a source of both comfort and anxiety. The following describes my ordeal handling a complaint against my nursing license.

I was almost physically sick as I read page after page of allegations of neglect, poor judgment, failure to follow nursing standards -the list went on. To be honest I could not believe what I was reading, much less begin to understand where all this was coming from. Many of the complaints were about areas that I was not even responsible for. The letter gave me 10 days to respond to the allegations. My first instinct was to get a lawyer; I let my husband talk me out of it. He was convinced, as I was, that I simply had to respond to the allegations and they would go away. HOW WRONG I WAS!! Foolishly I thought that if I simply explained what really happened the situation would be resolved.

I submitted my carefully crafted response and waited for the board to exonerate me. After four months with no response, I contacted the board to find out what the status of the complaint was. After some transfers, I was informed by the board's lawyer that they were moving forward with disciplinary action. I did not know what to say or do - I was in complete shock. I managed to ask what recourse I would have, I was told that I would be able to request a settlement hearing once I was formally notified of my charges. I immediately contacted a lawyer. BEST MOVE I MADE. She carefully reviewed the information and submitted a letter to the board that all further communication was to come through her. I then sat and waited for nine long months for the formal charges. I prayed, worried, stressed, and cried my way through those months. If it had not have been for the support of my husband I would not have made it through the whole ordeal.

Finally, I received an email outlining the charges - all eleven of them. I was devastated, but once I got myself together I sat down and carefully read them. Charge, after charge I had clear evidence to refute. I contacted my lawyer who had already requested a settlement hearing. I went over the charges and my evidence to refute the charges. She spent two days carefully crafting a response to each allegation and attaching supporting evidence.

The settlement hearing came a month later - I can't explain how I felt looking into the faces of the board members and explaining complaint after complaint. I was an exemplary nurse, who had never had a bad report or performance evaluation and here I was practically begging for my license.

The board had not conducted ANY type of investigation, had not contacted my former employer, requested records, or interviewed me -NOTHING! It took all of 30 minutes and I was dismissed to wait for their decision.

Later that afternoon, I got the best phone call from my lawyer, all charges were dropped - case closed. That's it - it was finally over. Needless to say this has left a bad taste in my mouth. The board could just as easily have taken my livelihood away from me without doing their due diligence. Looking back I am so disappointed in an entity that supposedly is in place to protect the public yet failed to conduct a proper investigation on allegations that turned out be completely false.

Specializes in ED, ICU, Prehospital.

So here's another thing.

Some here are very upset---rightfully so--about the "rightness vs. wrongness" of an issue. Any issue.

It's wrong to turf patients.

It's wrong not to do something you charted that you did.

It's wrong to call off when you're not sick.

It's right to have justice when you're wronged.

The fact of the matter is--some of these accusations, like the one leveled against my friend...and I'm sure others can relate as well....were unfounded.

It seems wrong and it seems that everyone should have recourse. Sometimes you do. I read a lot of "YOU HAVE A LEGAL CASE HERE!!!"

I have a lawyer in the family. What I never understood is that sometimes---when someone does something like this to you--wrongfully accuses you---there is a "tactical victory" that can be in play.

The goal isn't actually to strip you of your licensure or make you lose your job. The goal is to ruin your reputation. The other things come in due time.

I can win against you by simply making the accusation. Does this make sense? If I accuse you of something nebulous---like "poor performance" or "shoddy patient care practices"---the accusation is out there and it's against the Nursing Practice Act, so the BON gets involved.

You lose time, money and reputation by me making an accusation that in all reality---is subjective. What is the metric behind "poor performance". Sometimes it's just someone's opinion or perception.

But the damage is done. I have already won the tactical victory---and you are spinning your wheels, spending your money and time, going through all kinds of grief---defending yourself.

This is a very common legal tactic. Your nurse managers know these tricks, so do most employers. Many employees do as well.

My thing is that if I have to live like this---getting because I am a good, conscientious nurse---being on the razor's edge at all times, defensive and reactive---

spending hundreds of dollars a year on insurance, on top of the certifications and state licensing fees....add in some legal fees if I tick the wrong person off (or even if I don't. it seems that I can get sanctioned for simply "acting out" on my own time.)...

the "comfortable living" that I would make being a nurse evaporates. This is no way to live. The job itself is stressful. I have to be fearful of every single person I meet on my job because they may be the one crazy that ruins my life?

This is a job worth having? And it's not just the patients that we need to fear.

Like I said--there are a group of physicians right now pointing fingers at me an others on my crew for a code that was literally a s#itshow. It's my fault that this surgical procedure should never have been attempted? It's MY fault that the department had ZERO policy in place for a complication that was very real in this patient's case? My dept had NO equipment or training to deal with what happened to this guy---and this wasn't a 1 in a million thing that happened. It was the main problem with him---he moves the wrong way and he exsanguinates. Equipment? Plan? Training? NONE.

Now these orificeholes are pointing fingers at the nursing staff. I'm not getting sued or DEFENDING (read: spending money) a suit because this patient should NEVER have been on my unit in the first place.

My reputation will be forever marred by some doctor who just wants to cover his own rear end. He skates and I get to pick up the pieces financially, emotionally and professionally.

THIS MAN DIED. And all they can do is throw us nurses under the bus.

And it's not just the doctors doing it to us. Some of the nurses that were in that room are also rolling on each other.

This. is. nursing.

Anybody who thinks otherwise or tries to make anyone here think that we all just try to do the right thing and bullying never happens and we're all just one big family---you're either not at bedside, you have a vested interest in no one knowing what actually goes on at bedside (a nurse manager or recruiter), or you aren't paying any attention.

THat nurse manager wanted to hurt my friend. She knew that just by making the accusation, he would be almost ruined defending himself. He may lose his job because someone believes that jerko nurse manager. He may lose his family or his friends. He may lose his license if he doesn't vigorously defend. He may lose his financial stability.

She won by making the accusation. Tactical victories.

So the next time I hear someone spout about filing lawsuits against entities like the BON or hospitals? Think about what their objectives really are in placing you in that position in the first place (false accusations).

Nothing happens, for the most part....to someone who makes false accusations. Remember that.

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Medical board does the same thing to physicians.

I know of one doc who had a flawless local record and then a patient, who had a history of psych issues, came to see him and after the chaperoned exam, after she got dressed, he went back into the room with her alone to give her prescriptions and to discuss next steps and she asked him out on a date. He said no..he was very nice to her, etc. He chalked it up to her just being lonely. He said the whole exchange wasn't even five minutes.

Five months later she accused him of making an advance and he ended up getting his license publicly sanctioned for it. They had zero evidence, they did no investigation, they dismissed the statements from his nurse and another MA of him telling them about her comments after the visit. They ruined his career on her word alone. If I didn't know him personally I would never have believed it.

This organizations have too much power and zero oversight.

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Specializes in None yet.

From a male patient's perspective: I had a female PCP who unfortunately transferred her feelings for her ex (he was same age as me and similar in other respects) and was verbally inappropriate with me. She reminded me that she was single a couple of times, told me my chart made great "bedtime reading" after a physical exam in which she manipulated my genitals in a medically necessary way, hiked up her skirt to show me a contusion she got in a bicycle crash... and on and on.

Her career is perfectly safe because no matter what, I would NEVER lodge a complaint. Mostly to preserve my own privacy but also... there were no witnesses. And no, I still firmly refuse a chaperone when one is forced on me. I would walk out of an appointment rather than have a 3rd party listen to my very personal health issues. Certainly there would not be a chaperone in the room if the doctor wanted me to submit to an intimate exam. The thought of a witness to the indignity makes my skin crawl.

Despite her behavior, she is a damn good doctor and worked hard to get where she is. It was best for me to man up and shut up. It cost me a great deal of psychological damage which would have been worse if I spoke up about it.

The point is, most medical professionals are safe from complaints by us guys. We don't talk in the case of genuine misbehavior, let alone fantasy misbehavior that may have happened only in our minds. The nurse or doctor would have to really screw up before I ever said anything.

By the way, I have been cared for by a great many nurses - male and female. Not one of you has ever done anything to me that is even vaguely questionable. I TRUST nurses... period.

Doctors, on the other hand...

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Specializes in Critical Care.

Unfortunately,Fortunately?? I went before the BON, for false accusations, without a lawyer, because I couldn't afford one...I'll never forget the look on the receptionists face when she spotted my 275p. of discovery. She thanked me for making copies for all TWELVE of the Board members..... I informed her that unfortunately, it was only ONE copy, the smile went away....but I won....the truth is like a lion....?

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Looking for a lawyer. Curious about costs. Anyone know reliable lawyers?

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1 hour ago, RNtoFNPcBONissue said:

Looking for a lawyer. Curious about costs. Anyone know reliable lawyers?

Check out the referral service here: https://www.taana.org

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12 hours ago, RNtoFNPcBONissue said:

Looking for a lawyer. Curious about costs. Anyone know reliable lawyers?

It depends on where you live & what you need an attorney for.

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I'm in a terrible situation which is completely my fault and I take full responsibility for it. I was terminated and referred to IPN and was given 1 week to enter the program or they will contact the DOH. What I will be investagated for is drug diversion but my blood and urine toxic screens were negative and no medication found, but I tried to cover up my over wasted medication which I know is stupid and irrational so I will probably lose my license for deliberately furnishing mislead information. I can't sleep or eat. I'm looking into a lawyer to help me but feel like the board isn't going to look aside a falsification incident. I just distraught and need to post somewhere to see if there are any other stories like mine and what the outcome was either good or bad. I'm glad your story had happy ending and it gives me hope but I just feel like anyone in my shoes will never practice again.

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5 hours ago, Regina.Phalange said:

I'm in a terrible situation which is completely my fault and I take full responsibility for it. I was terminated and referred to IPN and was given 1 week to enter the program or they will contact the DOH. What I will be investagated for is drug diversion but my blood and urine toxic screens were negative and no medication found, but I tried to cover up my over wasted medication which I know is stupid and irrational so I will probably lose my license for deliberately furnishing mislead information. I can't sleep or eat. I'm looking into a lawyer to help me but feel like the board isn't going to look aside a falsification incident. I just distraught and need to post somewhere to see if there are any other stories like mine and what the outcome was either good or bad. I'm glad your story had happy ending and it gives me hope but I just feel like anyone in my shoes will never practice again.

This is not the end of the world, but I would strongly advise that you retain an attorney for any board hearing, any board questioning and any document signing. The BON's goal is to scare you into signing a consent order before speaking to an attorney.

The Florida BON is ruthless and the IPN is nothing more than a giant profit-driven organization that makes a crap ton of money from board-ordered "evaluation" by unqualified practitioners that are not addiction specialists. Forcing you into an IPN contract before an adequate investigation is done should be illegal. A thorough investigation will show that this was a documentation error, and not an issue of diversion or addiction.

By telling you that they will turn you over to the DOH, it's nothing but a threat. Who cares if you get turned over to the DOH? At least the DOH will conduct an investigation before any hearings regarding your nursing license are conducted. The BON knows that the vast majority of nurses panic at the thought of any disciplinary action because they do not understand the process, and often just "submit" to whatever the BON wants them to do. DON'T DO THAT. So what if they turn you over to the DOH? At least then an investigation will be done. The BON cannot justify forcing you into an IPN contract when there is no evidence of diversion or drug use. They just don't want to have to spend any money on handling something like this properly. If you consent to an IPN contract, you all be their b!tch for the next 5 years.

Do not agree to enter IPN before a complete investigation is done on this incident. The penalty for a documentation error is far less than the penalty for entering IPN. Tell the BON that you are respectfully declining their offer because you do not have a drug problem, you did not divert any narcotics, your drug screen was totally negative and they have nothing to support the necessity for you to be in a monitoring program. Threatening nurses to consent to a 5 year monitoring contract with IPN is a bottom-feeder behavior. Let them do some work for their salary. The Florida BON tries to throw every nurse into IPN no matter what the offense is or if it involves drugs or it doesn't. IPN is a profit-driven monster.

Remember that consenting to join IPN doesn't automatically assure that something won't be slapped onto your license if somebody at IPN or BON feels that you haven't done enough to "participate" in the program. The BON can unilaterally extend your contract for no reason. They have total control over you. It is not the end of the world if you get a mark against your license for a documentation error, but you can be guaranteed that you will never work as a nurse again if you get a mark against your license for a drug-related offense. You will not lose your license for a documentation error. This is exactly the reason why you need an attorney. One thing you definitely do not want to do is be questioned by the BON or DOH without an attorney present, or without being prepped by an attorney before the questioning. As soon as the BON & DOH know you have an attorney, their demeanor will change because they know they can't threaten you anymore.

Talk to a lawyer. Be honest. Try to get all the documentation you can, including the results of your drug test for the attorney. An attorney can request all of the documents that the BON has in its possession---if you requested those records, your request would be refused. You have to consent to entering into an IPN contract---the BON cannot order you into it. That's why they throw ultimatums in your face--the less time a nurse has to think about it, the more likely it is that they'll agree to it. The BON or DOH cannot take any action against your license without a full investigation and hearing. The BON wants to make "turning you into the DOH" sound really scary, but it's not. An attorney can negotiate with the DOH much better than you can. There is no way a documentation error should turn into a drug offense without an investigation. You will likely not get out of this scot-free, but agreeing to enter into a 5 year IPN contract is ridiculous. You will probably have to take some type of course on proper documentation, and maybe get a strike against your license, but that's it. Maybe a small fine, too.

Fight for your license. Don't let the BON scare you into something that is totally unnecessary and which will cost you tens of thousands of dollars over the course of 5 years. Use that money to retain an attorney.

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Well it wasn’t really a documentation error I tried to pass something else off as the medication and was caught and then told them the truth they didn’t even know but I couldn’t handle the lie after it was all done. I question my self if I should just walk away from nursing all together. It’s just hard for me to believe someone will want to fight for me when I was a complete idiot and screwed my entire career up in mins.

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Specializes in VA, Ortho, Med/Surg.
On 6/27/2020 at 11:22 AM, Regina.Phalange said:

I'm in a terrible situation which is completely my fault and I take full responsibility for it. I was terminated and referred to IPN and was given 1 week to enter the program or they will contact the DOH. What I will be investagated for is drug diversion but my blood and urine toxic screens were negative and no medication found, but I tried to cover up my over wasted medication which I know is stupid and irrational so I will probably lose my license for deliberately furnishing mislead information. I can't sleep or eat. I'm looking into a lawyer to help me but feel like the board isn't going to look aside a falsification incident. I just distraught and need to post somewhere to see if there are any other stories like mine and what the outcome was either good or bad. I'm glad your story had happy ending and it gives me hope but I just feel like anyone in my shoes will never practice again.

How is it going now Regina?

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It’s going all drug screens including hair are negative as I know they would be, but no letter yet. I got a great Lawer and just waiting for the letter and the next step. I got a new job which I love and just keep taking one day at a time. I had drifted away from my faith for a while and let my career define me. I have come to learn I’m not my career and he’s knows what’s best. I love my job but I made a terrible mistake and tried to cover it up which was the worst but have learned from this terrible situation. I have come to the realization that I might never be a nurse again after this is over so I’m soaking up every min that I can and making the best of it.
Thank you for your concern

Mrs Phalange

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