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Looking for advice dealing with BON and NPDB

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Sbhope Sbhope (New) New Nurse

Has 3 years experience.

I’m trying to see if anyone has went through the same situation. I was reported to the BON for diverting narcotics. I heard from the investigator from the BON and he told me the best thing to do was surrender my LPN license. I didn’t do it and recently I received a letter from NPDB stating I can no longer work in LTC Due to misappropriation of a residents property. I still haven’t heard from the BON regarding my license. With this being reported to the NPDB will I be able to get a nursing job anywhere? I’m not working in nursing at the moment and won’t be until all this is over. In this situation, should I expect my license to be revoked, suspended, or a chance of just probation? I’ve only been a nurse for 2 years.

Edited by Sbhope

rn1965, ADN

Specializes in Med/Surg, Women's Health, LTC. Has 25 years experience.

Contact an attorney. TAANA.org is going to be the place to start. Do not surrender your license. Talk with an attorney and do not answer ANY more questions from the BON or an investigator.

Most importantly, take care of yourself. If you need help with drugs and/or alcohol, get it. Whatever you do, please stop using any drugs or alcohol. If you can, attend some meetings and get documentation. Right now, InTheRooms.com is offering verification of attendance for online meetings. Also try SMART recovery.

Stay here for support, as well, and hang in there. You can get through this!

Sbhope

Has 3 years experience.

While dealing with all of this from the OLTC there is now an officer contacting me from the town it happened in and is wanted me to come in for a polygraph. Is this something that is common? Maybe a scare tactic? Anyone actually have criminal charges after something like this or just dealt with BON?

ruby_jane, BSN, RN

Specializes in ICU/community health/school nursing. Has 12 years experience.

3 hours ago, Sbhope said:

While dealing with all of this from the OLTC there is now an officer contacting me from the town it happened in and is wanted me to come in for a polygraph. Is this something that is common? Maybe a scare tactic? Anyone actually have criminal charges after something like this or just dealt with BON?

Did you contract with a lawyer?

Sbhope

Has 3 years experience.

I haven’t been able to afford one at the moment. But I will as soon as possible.

JadedCPN, BSN, RN

Specializes in Pediatrics, Pediatric Float, PICU, NICU. Has 15 years experience.

22 minutes ago, Sbhope said:

I haven’t been able to afford one at the moment. But I will as soon as possible.

This is one of those situations where even if you kind of can't afford a lawyer, you really need to find a way to afford one - your livelihood and future is on the line. You can read previous threads on this forum that show many people regretting not obtaining a lawyer in similar situations. If at all feasible, do yourself a favor and obtain a lawyer. Good luck.

Sbhope

Has 3 years experience.

2 hours ago, Peterpan said:

Do you have malpractice insurance?

No I do not.
And I know I should get a lawyer but at the moment I’m not working in nursing and with covid my hours are cut down to part time. So it’s not possible right now.

Peterpan, CNA, LVN, RN

Has 7 years experience.

Well, you might want to look into agency CNA during this covid crisis so you can save up. Also, unemployment insurance might be a good idea since your hours are limited. Good luck to you, keep us updated.

ruby_jane, BSN, RN

Specializes in ICU/community health/school nursing. Has 12 years experience.

19 hours ago, Sbhope said:

I haven’t been able to afford one at the moment. But I will as soon as possible.

OP you're asking a bunch of strangers on the internet for advice and we're not allowed to give particulars, but there is no way in h-e-doublehockeysticks that I would face this without a lawyer. It's not just your license on the line. It sounds like it may be your freedom.

Malpractice insurance is like car insurance - you have to have it before you get into a wreck. So you don't need to spend time worring about that right now.

Best of luck.

Indiana RN, BSN

Specializes in Med/Surg & Psych. Has 13 years experience.

I went through this 2 1/2 years ago. Everyone told me to get a lawyer also. I didn't have a job, an only child of blue collar parents and my grandparents have all passed. I contacted a lawyer here in Indiana. $4,600. I LITERALLY did not have the money and nobody will give an unemployed person a loan. So I understand when you say you don't have the money for a lawyer that means you don't have the money!

Yes, my state pressed charges, I ended up with a misdemeanor and was put on probation for a year. I had a court appointed lawyer. Due to above circumstances I went in front on the BON without a lawyer. I ended up in my states monitoring program for 3 years. Honestly I don't see how a lawyer could of helped me. I was guilty. I was addicted to pain pills and was diverting pills for 6 months. I'm grateful to still have my license and continue to do what I love. I deserved what I got and found a great therapist in the process.

crazin01

Specializes in tele, ICU, CVICU. Has 12 years experience.

If you truly are innocent, I would agree with others: work your butt off, save up & get an attorney to clear your name. The monitoring programs are mostly a BS way to rake in $$ for the states (in my opinion) and place everybody into the same group, with contracts and requirements. If you are truly innocent, you need to determine what evidence they have. Do NOT trust the investigators, or admit to anything without some type of legal counsel. Is there a low-cost attorney in the area, sometimes in less urban areas?

I had an investigation (at the county level) & criminal court proceedings, but never had a polygraph. Like Indiana, I had a public defender & now have a criminal charge on my background check. Fines, probation, etc etc. Again, that was just criminal court, which moves SLOW but faster than the BON, in my experience.

I admit I don't know a lot about NPDB, other than in my case, I've received notification of changes to my nursing license (probation, etc) when the BON has reported these changes to them. But I never worked in LTC or with the OLTL, so I'm not sure how that may affect future employment options. I know you said the BON suggested to surrender your license and the NPDB said you can no longer work in LTC, but if you do a state license search, what is your license status? Active, suspended? If still active, you may be able to work as an LPN & try to rake in some $$$.

Sorry I don't have anything better to share/offer. It may seem impossible, but you really want an attorney to fight for your innocence & license.

JadedCPN, BSN, RN

Specializes in Pediatrics, Pediatric Float, PICU, NICU. Has 15 years experience.

I would just like to add that even if you’re not innocent, you still want an attorney to fight for your license so that it is there when you get your life back on track. We all make mistakes.

Sbhope

Has 3 years experience.

On 5/14/2020 at 1:45 PM, Indiana RN said:

I went through this 2 1/2 years ago. Everyone told me to get a lawyer also. I didn't have a job, an only child of blue collar parents and my grandparents have all passed. I contacted a lawyer here in Indiana. $4,600. I LITERALLY did not have the money and nobody will give an unemployed person a loan. So I understand when you say you don't have the money for a lawyer that means you don't have the money!

Yes, my state pressed charges, I ended up with a misdemeanor and was put on probation for a year. I had a court appointed lawyer. Due to above circumstances I went in front on the BON without a lawyer. I ended up in my states monitoring program for 3 years. Honestly I don't see how a lawyer could of helped me. I was guilty. I was addicted to pain pills and was diverting pills for 6 months. I'm grateful to still have my license and continue to do what I love. I deserved what I got and found a great therapist in the process.

Thank y’all so much for sharing your experiences with me. Is there a way to contact someone on here in a personal message? When you say you had criminal charges, did that involve jail time? I know that every case is different with each individual outcome but I’m just trying to get ideas of what to possibly expect. I also know each state BON is different, but you said you ended up in the monitoring program, is this typically what the BON decides as a first time punishments? I do still have an active nursing license and it doesn’t have any restrictions as of right now other than the flag by the OLTC. I’ve never heard anything from the BON other than the investigator calling me to try and get me to surrender my license. I’m working in a factory at the moment and I’ve been clean now for almost 4 months. I would love to go back to nursing but I’m afraid to find a job and then take the chance of the BON suspending my license and then having to quit that job and burn bridges somewhere of not being able to be rehired. I’m just trying to have a stable job for as long as I can until I figure out everything that is going to happen. How long did it take before you had to go in front of the BON and find out what was happening with your license? Again, thank you so much for sharing!

Indiana RN, BSN

Specializes in Med/Surg & Psych. Has 13 years experience.

I was called into work on my day off, I was confronted about the diversion. Honestly I was so embarrassed and ashamed I just admitted to everything. The police came and took a report, then I went home. A week later a detective called me and I went in to interview with him. He called me about 2 weeks later stating I had a warrant for my arrest with 2 felony charges. I turned myself in, spent a craptastic night in jail, bonded out at $500 and went home. Then began all the court dates. I went to court 3 times and my lawyer was able to get 1 felony dropped and 1 felony decreased to a misdemeanor. I was given 1 year probation.

I was contacted by the attorney general around 30 days after I was fired. Was given a date to appear in front of the BON. WORST day of my life, even more than jail! They suspended my license for 90 days and of course I started monitoring. Went back to the BON 90 days later suspended another 90 days "because I haven't had enough sober time and drug testing". Went back AGAIN 90 days later and my license was unsuspended and placed on probation. Where it will stay until I'm done with monitoring......8 more months!

Those were some dark days! A lot of time on my couch, depressed and weepy. It will get better and my life is pretty amazing right now. Good luck with everything!!