License on probation...Help!

[JLeaA]

Hi everyone. This is my first time posting, so bare with me. I am a Colorado LPN since 2008. My first job was in LTC. I had worked there for approx 4 years when they started getting all new management & a new executive director. Long story short, an RN that worked on my days off turned me in for not putting a moisturizer, Elta cream, on a patients lower legs. Then the ED decided to turn my license into the BON. To back up a little bit, myself & some other nurse had previously contacted the ombudsman, & the companies ethis board with some concerns. Yes, it was supposed to be confidential, but it could have been other staff that caught wind of it. I was terminated when these allegations of not putting the Elta cream came up. Approx two weeks later I contacted the corporate HR regarding my termination, & then the very next day is when the ED turned my license into the state BON. So, $3k & a year & half later, & what I thought to be a good lawyer, I ended up being on probation. After the LTC facility I was employed at a doctors office & when my license when the BON decided the probation the clinic laid me off as they could not comply with the terms of the probation, which is to have a practice monitor & that person needs to be an RN. There are no RN's employed at the clinic. I finally landed a job at another local LTC facility, they were willing to comply with my probation. Unfortunatly I failed their background check. They only recieve a pass or fail. So, I recived the reason of failure in the mail & it is the disciplinary action I recieved (probation) from the state BON. I informed the employer that, that is what it was, & showed them but they said I needed to appeal the background check. I appealed it & it was denied. I have no criminal history, I have never even recieved a speeding ticket. How do nurses in Colorado get jobs when on probation & the background fails?? I don't understand how I will ever get this probation done if no one will hire me. I need to add that I also live in a very rural area, so my options are limited. My probation is ordered for 2 years but does not take effect until I am actually working. Thanks for all your input, it is greatly appreciated.

[scaredsilly, BSN, RN]

I've never heard of a background check being just pass or fail. You can try asking the LTC if they would be willing to allow you to have a background check at a place that supplies a detailed report if you paid for it. Our school used a company called certified background check but I don't remember what it cost. Under $100, I think. I am in Colorado, but I never had any problems with my license so that is just about all I can think of. Hope it helps!

[JLeaA]

I recieved the background check in the mail. It was done by Kroll. It states "Stipulation and final agency order probation current status is active with conditions". It shows the source as the Colorado Dep of regulatory agencies, board of nursing examiners-disciplinary actions. I have e-mailed & called the BON several times with no response. My contact for probation has retired & they have people filling in until her spot is filled. I am friends with the physician I used to work for & je feels I should go there in person, but not sure if I would even be given the chance to speak with someone. It states no where in my probation packet that this would be on a background check. Thank you for your response :)

[Graduatenurse14]

Oh my. This sounds like a system set up for failure for everyone in this situation. Of course you are going to "Fail" the Pass/Fail background check! Duh!! Can the companies that you apply to get a more detailed background check other than Pass/Fail? If so, it will probably be more money for them so I would offer pay for for it. That may be the solution but if not and they can't or won't search for the more detailed one or let you pay for it, then I would contact my local state representative as it's possibly keeping many out of work and politicians don't like to hear that. There needs to be something done to fix this. Also, maybe contact the BON to see if there is something that they can do to help nurses in this situation. Good luck! Let us know what happens!!

[JLeaA]

Thanks for the input. I actually showed the employer the background check showing that it is the probation. They said until it is a pass they cannot proceed with hiring me. I am waiting to hear back from the BON. I feel like I am just running in circles with this.

[caliotter3]

I would also encourage you to go in person to the Board. Pick a good day of the week, (not Friday) and arrive early in the morning. Worst thing, is that nothing can be done, but at least you would have tried. Also, try the other suggestion. Your whole situation stinks to high heaven. Surprised you haven't just decided to give up on nursing if this is what it is in Colorado.

[JLeaA]

I have definetly considered giving up nursing several times. The sad thing is, is my lawyer said that LTC is notorious for doing this to nurses. This makes me feel like a criminal though. I don't understand how there are nurses out there working & they have done drug diversion. I am sorry but being accused of not putting on a lotion is so small compared to drug diversion & yet those nurses have jobs! There is definetly a break in the system. My only stipulation with my probation is I cannot do home health, travel nursing or work overtime. The reason for no home health or travel nursing is because those positions are independent.