License surrender vs out of state probation

by Jaclyncanada Jaclyncanada (New) New Nurse

Specializes in Or. Has 12 years experience.

Hi all. I'm a nurse that works and lives in Arizona that received dui in arizona (and was working/living in az at the time too). At the time, I held a California license (which is now expired). Arizona didn't take action but California wants to place my license on probation. I don't intend to ever work or live in California and I don't even visit the state. I've had very conflicting advice from attorneys and want to find someone with actual experience. Advice#1-surrender my license since I would likely violate my probation because I do not live or work there and cannot fulfill it. In regards to the OIG list, I likely wouldn't be placed on it because my case does not have to do with controlled substances or fraud and is not on the list of mandatory exclusions. Advice#2- probationary term #4 states that my probation is tolled when I'm not living or residing in the state of California however it doesn't state a timeframe as to if and when I'd have to return to cali. some say I don't have to worried about completing probation since it will be tolled and others say that eventually the Board of Nursing will revocate my license because I'm just trying to get out of my probation by keeping it tolled. I cannot find information on either of these options anywhere. I am a happy, functioning, thriving, successful nurse in Arizona and I would like to keep it that way

Lorie Brown RN, MN, JD

Specializes in Medical Legal Consultant. Has 32 years experience.

I strongly caution nurses not to surrender their license. There are too many collateral issues that can arise. You said that you will not be on the OIG list. That is not true. Anyone who surrenders or has their license revoked can be on the exclusion list regardless of medicare of medicaid fraud.

Orca, ASN, RN

Specializes in Corrections, psychiatry, rehab, LTC. Has 26 years experience.

It would forever be on your record that you surrendered your license,  which could be a giant red flag for any potential employer. During interviews, we ask an unscored question at the end, regarding whether the interviewee has ever had a license revoked or suspended, or been disciplined by the board of nursing in any state. Depending upon the circumstances, it isn't an absolute exclusion, but it might be the determining factor between two candidates for the same spot.

I suggest speaking with someone in California who can advise you regarding their possible actions and what your options are. Form letters don't contain a lot of detail.

Edited by Orca


Specializes in ER.

Any update on this?  Interested to know how it went for you.