I came across allnurses when searching online for some advice about my situation. I have a letter from the BON telling me I am being investigated due to a complaint. They (BON) say I can respond in writing or arrange an interview with them. I know many will tell me to hire an attorney but I was terminated and I don't have any money. The complaint is malicious and I know there is no proof so I want to know if I should respond and say I deny the allegation? Or should I do nothing?
I have looked at several attorney websites where they give some do's and don'ts when facing an investigation, and some say don't respond while some say you should never ignore the BON's letter and you should respond in a timely manner. So now I don't know what to do.
For now, all I need to know is, what could harm me the most.....responding to say I deny it? Or not respond at all?
Thanks to all who have given advice. I guess I need to try get a lawyer.
One more question if that's ok. The letter from the BON says I should either respond in writing or arrange an interview within 20 days of the date of the letter (April 27) so that gives me until around May 17. If I can't get to see a lawyer before then, should I go ahead and write them I disagree with the allegation as the above poster advises?
Yes. Send it return receipt requested, meaning you mail it at the post office and use those little green cards that come back to you with the date and signature from whoever gets it at the BoN. Save a copy and attach the returned green card to it. Then you have proof that you did, in fact, respond timely.
I'd get it to them it a good 7-10 days early, though, because sometimes thy only open the mail once a week due to high volumes. Early doesn't hurt, but late does.
I will never be able to stress this enough: never ever EVER go into front of a BON without legal representation beside you.
A lot of nurses mistakenly believe that if they just get a chance to tell their side of the story to the BON, that the BON will nod understandingly and make it all go away for the nurse. Or they think that they won't need an attorney because it would imply guilt on their part. Or they think that the BON is on the nurse's side in all of this and that they will be fair to the nurse.
NONE of these are true.
The BON exists to protect the public first and foremost: the nurse' interests are considered second...if considered at all. You need someone there who knows the laws and regulations as well as the BON does, who will put your interests first and who will get you the fairest treatment possible. And that is having your own attorney. Having an attorney doesn't guarantee that you'll come through this unscathed, but it can help minimize the damage to your career.
I won't lie: attorneys can be expensive. But having a disciplined, suspended or revoked license is far more expensive in the long run. Having a disciplined license puts you at a severe disadvantage in this job market...and no license means no nursing employment period. You need to decide the risks that you are willing to take.
I had a brush with the board over a decade ago and it still gives me chills. If I had known back then how it all worked I would have done everything but put on some high heels and work the hooker stroll to afford a lawyer. Beg, borrow, sell personal belongings but GET A LAWYER. We aren't saying this to scare you. I know that you were terminated but imagine being terminated from every nursing job EVER because you have no license.
Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
For now, all I need to know is, what could harm me the most.....responding to say I deny it? Or not respond at all?
The BON in the state where I reside will revoke nursing licensure by default if the nurse fails to respond to a formal complaint by the predetermined deadline.
I've read many a disciplinary action record on my state's website, that clearly states the license is revoked pursuant to the Board not getting a response from the accused.
Do respond to the letter in a timely fashion. However, do what you can to speak to a lawyer prior to that time.
If you were part of a union when you were working at the facility, then be sure that you contact your local/area rep. and discuss with them.
Of course, if you were covered by malpractice insurance, be sure that you also contact them for guidance as well.
Not legal advice, per TOS, but make sure that you start now making notes of everything you can recall about why you believe this to be malicious. About your termination. This way, you can organize your thoughts to be able to communicate with your attorney.
Some cities have an organization that you apply with, and they will assign you out to counsel pro bono. I believe most of them are based on income, but you said you were terminated, correct? So you may qualify. I doubt you would be able to get anyone who specializes in this, but it would be better than no attorney. The attorney I work for does this, and she is a med mal defense attorney so you might just get lucky. Either way, if you find and speak with them, they may be able to point you in the right direction to find an attorney if you do not qualify for their services.
I'm a member of my state and county bar associations, even though I do not hold a law degree or license, because I work on litigated cases. They all have referral services for cases like yours, and the staff are good to work with. Call them, they're in the phone listings. Check their website. TANA is also good.
For now, all I need to know is, what could harm me the most.....responding to say I deny it? Or not respond at all?
You ALWAYS respond to the BON, even if you don't have that attorney yet. Ideally respond after consulting with an attorney, but if the deadline for the response is nearing, you need to respond before the deadline passes, come hell or high water.
And remember that it's never too late to bring an attorney in to help you. Even if you sent your intial response without one.
I got a phone call today from the investigator! Yikes! Fortunately I didn't pick up as I was driving but she left me a voicemail telling me to call her. Is this normal to get a phone call? And what should I do?
If you aren't in a union and cannot get a lawyer through TAANA, then legal aid may help, but do you belong to a credit union? One of the benefits of belonging is free legal consultation. Use it if you have access!
nurseprnRN, BSN, RN
1 Article; 5,116 Posts
Yes. Send it return receipt requested, meaning you mail it at the post office and use those little green cards that come back to you with the date and signature from whoever gets it at the BoN. Save a copy and attach the returned green card to it. Then you have proof that you did, in fact, respond timely.
I'd get it to them it a good 7-10 days early, though, because sometimes thy only open the mail once a week due to high volumes. Early doesn't hurt, but late does.