LPN wanting to go for RN with "post discipline" on licensure

[LPNLindsay]

Hello fellow nurses,

I have an issue going on right now. I have been a licensed practical nurse for over a year now, and I would LOVE to become a BSN as soon as possible. Now here is my issue.. When I was 18 years old, I was caught in my friends car who had marijuana in it. I had an "attempted possession" charge, which is a misdemeanor. I paid to have it expunged during PN school. Now when we were getting our fingerprints done, my charge has not came off my record yet, because it takes a couple of months. So the board of nursing found this charge and allowed me to take my nclex. I took my nclex and passed, but the board of nursing made me sign a consent agreement. It stated that I could not have any supervisor positions, work in home health care, and I had to follow some strict guidelines just to maintain a normal life. I had to check every morning to see if I had a drug test that day, and had to pay out of pocket for these also. I had them almost every 2 weeks. It was very inconvenient. I had to notify the board of nursing with every new prescription I have to take even if it's only an ATB. I had to notify the board of nursing if I was going out of town, then they chose a location close to where I was in case I had to take a drug screen. Now they told me that this would only last a year. Well they failed to mention that it ends after one year working as a LPN. It took me 6 months to find a job. Finally a place that would allow me to work as a LPN with this ugly mark on my license. My work also had to fill out reports on me every 3 months. They were very understanding. Thank god for this place. So I work my year, then I contact the board of nursing and they said that I have to wait a few more months until the board meets, and I have to write a paper asking for permission to get off.. wow this is lasting way longer than I imagined. So over a year and a half, I had to pay almost $1,000.00 in drug screens (which I passed all of them) and follow these guidelines, and finally I see a light at the end of the tunnel. I finally get off of probation, and now it states "post discipline" on my licensure. I didn't think it sounded as bad, but then when I started applying for another PRN job, they called me up asking me about my probation. It looks like they are still able to open up all of these closed documents and research more on me. Now I cannot find another job bc of this. I want to go for my RN very badly but if this kind of thing is going to haunt me for the rest of my life, I'm thinking about a career change. NO REST FOR THE WICKED.

Now my question is.. WILL this carry onto my next license since the board of nursing already has this known record on me? Even though everything has been expunged.. Anyone in a similar situation?

Thanks,

Lindsay

[ctml]

it sounds to me as if you've been handed a raw deal. what state are you from. If your charges where expunged it shouldnt even have been a consideration. In pa if you enter the state monitoring program voluntarily follow the recommendations handed to you after an extensive eval by a drug rehab (and what rehab isnt going to reccommend u need follow up care when they get paid for you to attend it) 6 months of a restricted license where you cant pass narcs, 3 yrs of calling in daily for random drug screening and not being allowed to work as a supervisor or in home care AND having your employer file monthly reports to the monitoring board, IF you do all that they never show any disciplinary action on your record. oh and you cant work from the start til they say you can...then all the other things come into play. so im confused as to why your even showing a discipline when most states have these programs in leiu of discipline. i know here in pa if you dont agree to do all this then the disciplin side of the monitoring board handles it and they may suspend your license stayed in leiu of probation which basically is the same thing except you can work unrestricted and if you pass all your drug screens etc then the suspension never occurs. if you miss one meeting one test they suspend you and then it will show when your license is checked that you had a discipllinary action.

i would think you should consult a lawyer who specializes in nursing board issues. just see what he says. Its a shame had you WAITED until your record was expunged before you applied for your nclex or whatever this would be a non issue.

Im facing a situation where i was in the charge nurse position for my shift. the narc count was off, (there was an XTRA pill in the drawer) and the supervisor cleared the discrepancy and five hrs later said she had to test me. i hasd been on fmla for a yr and very sick i was prescribed oxycodone and had taken it the day before when i was off work i told her and i told the lab girl but no one was interested in seeing my rx, the lab reported me as positive and i overheard the hr personell talking saying they were gonna use that to say i was divirting cuz they had no other valid reason to fire me (they wanted me gone due to the fmla) i had been an excellent employee for yrs prior to getting sick and never missed work. a nurse for almost 20 yrs never an issue or write up for anything;. long story short i got ****** told them basically f off aned quit. they reported me to the state. the state then requested i enter this rehab program as i described. but that took over a month by then i was no longer taking the oxycodone it wasnt prescribed any more, (by my choice i might add and i never abused or diverted, i just realized the issues it could causes being on it and decided id deal with the pain, my license was more important) anyway im at a point where i have to decide do i want to stop working go thru the evaluation and risk a rehab facility reccommeding follow up because it makes them money to do so possibly have all those restrictions etc just so at the end no mark will be against my license or just keep working, and let the state handle it. ive given an account of my side shown my prescriptions to them and do i hope they have the sense to see that this complaint is invalid. the investigator told me that many times they will determine it is. but if they dont and want to "watch" me and place me on probation i will forever have that discipline on my record. is it really going to be that hard for me to get a job after that. i have a job now. most likely id get to keep it, if i do the program thing i have to quit NOW. and i seriously have a problem standing up and saying "i might have a problem", when i dont. my husband says not to do that, if they reccommend discipline i can appeal to the board and have a hearing and then take a lawyer.

i know this is a long story but i am really really interested in just how hard its been for you to get a job with this on your license so i can make a decision. if i dont schedule my eval with the rehab by monday morning the advocacy program said they will tell the state im not complying. its not that its just im not sure i want to agree to that. initially i had agreed until i found out what that meant. its designed for nurses who are currently abusing or addicted to drugs not ones who were taking a prescribed medication for a short time and are not abusing or addicted.

let me know how your situation works out. i feel so bad for you i know what you must be feeling. its unfair your record was expunged why is it even an issue?

[chris82]

If you live in PA don't sign the agreement!!! If you signed it than they think that you agree that you have a problem. Get a lawyer if you really don't have a problem you have the right to appeal and have a hearing in front of an examiner for the board. I had a dui before nursing school and reported this when applying for nclex. They had me go and get an evaluation I( they make everyone do this). Well I was two months pregnant not drinking doing drugs nothing. Well the evaluator reported to the state that i have a problem and wanted me to take classes through their program. Once the board sent me a letter telling me to enter into this agreement I thought it was crazy. Anyway I got a lawyer, went to Harrisburg and the board agreed with me. I did alot of work my self. Become familiar with the DSM IV the person who evaluated you had to diagnose you with something from the DSM. Long story short it took almost a year and have no record of anything and have been working as a nurse. Good Luck

[ctml]

they talked me into signing the letter saying if evaluator finds nothing it will be dropped. after speaking with state investigator and pnap and finding out greenbriar was the evaluator i sent a letter to the monitoring board withdrawling my consent to enter the pnap program stating reasons. i was not going to say i had a problem when i dont and then have greenbriar who has something to gain by recommending treatment of course the follow up would be with them so now im waiting to hear from the state on their decision. if i have to i will hire a lawyer and go to harrisburg. would you happen to know the name of one who specializes in this and if you dont mind my asking you how much did that run. i believe i can fight my particular circumstances i had a valid perscription at the time for valid reason very valid and was only tested because i was in charge one night and required to and there was and xtra pill in the drawer which i reported and the supervisor fixed and sent everyone home. four hrs later she tests me. i told her i had taken my medicine the day before when i was off. did not want to hear it didnt record my rx neither did the lab and the lab is suppossed to call you if positive for anything verify it with you and then if its valid report to ur employer as negative. i got a call from employer first suspending me. during that call from hr they thought they had put me on hold but actually put me on speaker and i overheard the whold conversation between them how they were going to use this as a reason to dismiss me because i had been on fmla for a year, i had been very sick and they had no other reason to get rid of me. my evaluation was spotless. so i quit. they turned me into the state and here i am. my medical issues resolved i am no longer prescribed any medication nor do i take any. not since that week. ironic that it would be the very last time i had taken any that this would happen. oh and a month later they found a nurse who WAS dirvirting and she was terminated. i had a feeling she had been but had no proof but i was not going to let them try and railroad me into blame just because they could. i am really worried tho since i could possibly end up with a mark on my license and be placed on proabation because i did not feel i needed their program. as i told monitoring board and pnap told me that is for nurses who ARE IMPAIRED AND HAVE ISSUES. I NEVER WAS AND NEVER DID AND WAS NOT GOING TO SAY I AM NO MATTER WHAT THE CONSEQUENSES. my typing is horrible forgive spelling. any advice on dealing with state or finding a lawyer would be so appreiated

[katherine100, LPN]

How have things been going for you jobwise? It has been over a year.

[June2011]

I am in a very similar situation, state of OHIO correct?! I really hope you respond because I have yet to find a job and was wondering what type of place hired you and how did you go about explaining it during your interview?

[NRSKarenRN, BSN, RN]

Original poser has not been back to this thread in over a year... look at other threads for information