Mandatory Peer assistance for ADA disability

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  1. Where my rights violated

    • 4
      yes
    • 0
      no

4 members have participated

I am pretty dumbfounded at the events that happened to me and wanted to bounce this off other nurses to get some assistance. I have a disability, well controlled epilepsy. I have not had one since 2013 and only had 2 that year. I had a complaint from and did not fight it with the board in the state I lived in. Naive I know so I have stips for one year. I moved to another state and finally got my license, found a job etc. Agreed to be monitored, thinking it would be a PCP and/or Neurologist for med compliance and such with peer assistance otherwise my license would not be approved. Single state during stips. I agreed because I never envisioned the following form peer assistance. No drugs,(don't use never have) alcohol, (no problem can't even have a glass of wine on my birthday) mandatory random screens for one year calling in daily but here is the kicker. I cannot leave the state without written permission. Say what? What crime did I commit? I asked my case manager why since really this program focuses on addictions, not medical, and was told "that is our policy, you signed the agreement and if I want to have my license, I would have to sign the contract, otherwise I am non compliant. Yet the board allows those who have drug and alcohol DUI's, addictions to practice free and clear. Is this how a person is treated with a disability nowadays? Thoughts? Thanks!

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Specializes in LTC, assisted living, med-surg, psych.

I am so sorry you're going through this. I agree, it's not fair since your problem is not drug/alcohol related, and you don't appear to suffer from mental health issues (which is another condition boards of nursing lump in with drug/alcohol problems). What I would do is find an attorney who is well-versed in nursing concerns to represent you before the BON and appeal this. Nothing is guaranteed, but I agree you shouldn't be subjected to the indignities of this monitoring program. Fight it!

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Thank you. I went through 2 evaluations, one I paid for the other from peer assistance. Both agreed that I do not have any mental health disorders. They have both evaluations, so I am really a little taken a back by this. Feel like a prisoner.

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Specializes in LTC, assisted living, med-surg, psych.

I don't blame you there. Seriously, I think this is a great abuse of power and you need to fight it tooth and nail. Someone should come along here soon with a link to an organization that has lists of nurse attorneys, I just can't remember the name of it. Sorry.

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Specializes in Complex pedi to LTC/SA & now a manager.
I don't blame you there. Seriously, I think this is a great abuse of power and you need to fight it tooth and nail. Someone should come along here soon with a link to an organization that has lists of nurse attorneys, I just can't remember the name of it. Sorry.

The American Association of Nurse Attorneys. Lawyer referral service.

TAANA Executive Office - Home

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Specializes in Medical and general practice now LTC.

Moved to the Nursing with Disabilities forum

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Specializes in SICU, trauma, neuro.

((((Hugs)))) I'm so sorry this is happening to you. I agree it's a gross abuse of power, and a gross lack of brain use. So you can have a neuro condition and viewed as impaired, but these BON people can demonstrate such a lack of brains and be fit for duty? Hmmm.

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I don't know what state you are in but where in the hell dies it ask you to divulge that you have a disability in order to get your nursing g license? Have you contact the disability act to handle this mannor even with a drivers license if you are seizure free for so many years you can drive... but I would sue the hell out of the state for violating the disability act.... iam disabled they didn't ask anything in the state of mi and we're one of the hardest states to get a license... and when you apply for a job if they don't ask about any disability on the application you don't have to list it your not hiding it if they don't ask...

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Specializes in Critical Care, Education.

Hey OP - have you tried contacting your state representative &/or state senator about this? This is just the type of thing that some politicos like to tackle because it illustrates their connection to constituents. Seriously, they often have much more clout when it comes to BON activities because BON members are political appointees. I know that there have been a few dust-ups in my state when it was felt that the BON was 'overstepping' its bounds. In fact, there's a new commission looking at that very thing at the moment.

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