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If under investigation by your states nursing board, are you able to apply for endorsement licensure in other non-compact states?

Nurses   (274 Views | 4 Replies)
by CCRNJames CCRNJames (New) New Nurse

CCRNJames has 4 years experience and specializes in Critical care.

38 Profile Views; 1 Post

I know this may come across as crazy, but I’ll try my best to explain. Two years ago, I was notified by my former hospitals leadership that a patient complained about the care myself and my PCT offered. 
 

I was instructed that I would have a three days to self report myself to the board of nursing or they (my employer) would. Two days after, I retained an attorney, I self reported with my attorneys assistance and a few weeks later ... I was notified my case was dismissed. I have a letter from the nursing board that says as such.

 

about two months passed and I then get an email from my attorney saying “the board received new information (from someone unknown to us) and the case is reopened.” My attorney believes this was someone in leadership from my previous employer as what was provided to us included information only my former employer would know (IE - how I was penalized, how that hospital already did an investigation, etc) and I was instructed to again retain legal counsel and go through their investigation. The information we received is full of false information and we submitted the same exact self report that was originally dismissed, this time highlighting that what was provided to the board from the “unknown reporter” was incorrect. That was almost 18 months ago. 
 

my attorney told me that it’s not uncommon for these cases to take months. But it’s closing in on two years upcoming. I have absolutely nothing to hide about, I’m willing to explain my situation when an interview with an investigator is requested. As the original case was dismissed, I feel my chances to come out unharmed is better than many that end up being reported to the board. 
 

my question is in relation to applying for endorsement to a non compact state. I have a multistate license, and my wife and I are both interested in moving back to where we are from (Illinois). We live in Texas now.

 

I know it’s not ideal to leave while pending a serious situation, but I’m not sure how much longer I’ll have to wait until I hear of the nurses decision. My license here and in a multi state area is unrestricted and my new employer is aware of what I’m facing and didn’t pose any restrictions to where I'm at now. Just curious if I could possibly try to obtain licensure in another state while (still) being under investigation. Not sure how long this will take nor does my attorney. Thanks!

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Undercat has 41 years experience as a BSN, MSN, CRNA and specializes in Retired.

130 Posts; 586 Profile Views

Can't your attorney help you with this?  Does the application ask about pending.charges or adjudicated charges?  Are the charges available that Illinois could find online?  You can honestly say on your application that your license is unrestricted .  Can you show your lawyer anxious of the questions on the Texas application?

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Jory has 10 years experience as a MSN, APRN, CNM.

1 Follower; 1,447 Posts; 13,882 Profile Views

Honestly? I would wait until this plays out.  If they have no evidence, they have no evidence.  I have no doubt from your description that you are being 100% truthful.  

They only <insert explicative word here> game some BONs play is sometimes they offer what amounts to a plea deal.  Kind of reads like, "We want to put a mark on your license forever, but we aren't going to suspend or restrict your practice if you sign and agree to the verbal chastising...but if you want a full hearing before the BON, we aren't going to make that guarantee."

I am very, very good friends with a nurse and was a personal witness to an event that never should have been reported to the BON when I still worked the floor.  It was by a disgruntled student she was orienting that was facing termination because she had a chip on her shoulder (her father was a physician at another hospital) and refused to learn anything.  The student took a situation and added layers of falsified facts and made it sound like my friend abused a patient.  Her having a witness to refute the claims, apparently didn't matter b/c it was also reported we were friends.  

So my poor friend took the guarantee vs a hearing.  

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On 3/21/2020 at 7:16 AM, CCRNJames said:

I know this may come across as crazy, but I’ll try my best to explain. Two years ago, I was notified by my former hospitals leadership that a patient complained about the care myself and my PCT offered. 
 

I was instructed that I would have a three days to self report myself to the board of nursing or they (my employer) would. Two days after, I retained an attorney, I self reported with my attorneys assistance and a few weeks later ... I was notified my case was dismissed. I have a letter from the nursing board that says as such.

 

about two months passed and I then get an email from my attorney saying “the board received new information (from someone unknown to us) and the case is reopened.” My attorney believes this was someone in leadership from my previous employer as what was provided to us included information only my former employer would know (IE - how I was penalized, how that hospital already did an investigation, etc) and I was instructed to again retain legal counsel and go through their investigation. The information we received is full of false information and we submitted the same exact self report that was originally dismissed, this time highlighting that what was provided to the board from the “unknown reporter” was incorrect. That was almost 18 months ago. 
 

my attorney told me that it’s not uncommon for these cases to take months. But it’s closing in on two years upcoming. I have absolutely nothing to hide about, I’m willing to explain my situation when an interview with an investigator is requested. As the original case was dismissed, I feel my chances to come out unharmed is better than many that end up being reported to the board. 
 

my question is in relation to applying for endorsement to a non compact state. I have a multistate license, and my wife and I are both interested in moving back to where we are from (Illinois). We live in Texas now.

 

I know it’s not ideal to leave while pending a serious situation, but I’m not sure how much longer I’ll have to wait until I hear of the nurses decision. My license here and in a multi state area is unrestricted and my new employer is aware of what I’m facing and didn’t pose any restrictions to where I'm at now. Just curious if I could possibly try to obtain licensure in another state while (still) being under investigation. Not sure how long this will take nor does my attorney. Thanks!

Not sure.  What does your lawyer advise?  Ask the lawyer here on allnurses.

Personally I think you should/could go ahead.  Again, though, check with your lawyer.  Also ask the opinion of another attorney where you live and another one where you want to move to.  Do it as anonymously as possible.

You have a constitutional right to confront your accusers, so what is up with this unknown accuser?

Good luck.

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amoLucia specializes in LTC.

5,448 Posts; 46,578 Profile Views

Hey! What ever happened to 'double jeopardy?

Get legal advice FAST. Maybe new attorney?

Let the professional counsel sort it out so you can make informed decisions re future employment.

Per TOS, we can't provide legal comments. But we can offer you support.

Good luck.

 

 

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