so many questions I don't know where to stop

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Hi, I have been a nurse since 2003, many years later I gotten into a bad car accident and after a long battle with substance abuse I am now sober for four years. Clearly my license was suspended from 2017 to present. I did enter SARP in Massachusetts. It was not a good experience in 2017. I didn't get a lot of support but I'm not here to place blame my question is this I know I did not get the support and resources offered today for my problem although I've been sober for years I couldn't get through to reinstate during the pandemic. They've totally changed the program I was in it basically doesn't exist anymore over the years, but they've learned about substance to be utilized and they've changed the program to that. If I went into the program today with my issue from years ago, I would get different treatment and a different punishment they've added mental health resources and you can be on medication now you couldn't back down in 2017. Do I have any recourse? I'm not asking for anything to be dismissed. I'm saying in a way I want to appeal my decision from 2017 to be judged on today's criteria with today's rules, do I sound like a moron or do I have anything there? 

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I don't think anyone on here can answer that for you. It sounds like you need to speak with an attorney and maybe the BON to see if they will even allow that. A lot of attorneys do free consultations so you can hopefully get answers that way.

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Correct, an attorney who deals with board related issues for nurses, physicians, dentists etc can answer and whether this is possible or not worth the right.  Hopefully, you can get a good recommendation from someone who is trustworthy and able to reasonably answer your question.

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Definitely need to seek an attorney. The attorney could negotiate with the BON on an updated monitoring agreement/consent order based on today's science and that's a somewhat easy win for an attorney. But, be aware your monitoring program may not look a whole lot different than the previous one, but at the same time, it just might.

Important. Monitoring is a 100 percent given. It's Automatic. You are 100 percent going to have to go to monitoring to restore and retain your license, Unless you have 5 years of proof of daily check ins and random drug testing in some type of program. The BON will not accept a letter from a counselor or mental health professional saying you've been sober for 5 years or more. They want daily check ins, random drug testing, and even a lawyer will have zero success getting that one taken off the table. As for the other requirements that the BON and Monitoring Program have from your 2017 suspension, a lawyer could likely negotiate to get some of them changed to current standards based on data.

Last thing...if you get a lawyer and challenge the BON to renegotiate your contract based on using current science and data (that's a good thing for you to do in my opinion) be prepared for the BON to have you do a comprehensive substance abuse Eval/Assessment, because the BON will say, "the eval is also current science and since it's been 8 years for years for you, we need a new eval before we renegotiate a new or updated consent order/contract."

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Hi Sheila,

I feel you read my mind. I have documentation from reputable labs who tested for like 2 and 1/2 years (All Clean). I entered a sober house after where they continued both random weekly labs (sent out the lab) and also a random quick cup on the spot.  I graduated and stayed on the house to be the Manger, so all in all three years roughly.  Also had randoms from my PCP for med compliance, randoms from work and I did start infinity testing Oct 2023-till the end of 2024 when I had lost my job and couldn't afford it. I still get randoms from my PCP. I have been trying to reinstate since 2022. Between the pandemic. program and staff changes. I never could get a solid contact to get started. I made many staff aware off all my clean Urine screens from multiple sources I have all the lab documents needed for each random urine test) I have been ready to provide and send them for like 2 1/2 years. I always get " You need to talk to this person, and so on and so forth.) The best info I have received was from their former attorney. I have pursued this and last year when I was going to sign papers and rejoin SARP. It was put on hold while they rolled out URAMP.  Now I get a couple people on the phone. New lawyer could answer basic questions, but sent me to the URAMP coordinator who sent me to the reinstatement coordinator. Who did not' reach out, I emailed her, and they have been vague at best stated she was in the process of retrieving my original CASP, two weeks went by, and I emailed, and she is still waiting for my CASP??

(What do you mean it's been 2 weeks) So, I offered to send a copy to her (I Have it) 

Also, I find this strange, but I have asked for her phone number three times two different people. I can't get her number nobody will give it to me. I have been patient, and I just didn't know if anyone can provide insight and reassure me this is abnormal, and I am not overreacting LOL... Thank You All 

I thank You all for your responses.

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1.  You definitely need a Better Attorney.  There are attorney's that say, "we work with BON's and have experience in these cases," and there are Attorney's that, ARE BSN Nurses who then went to law school.  Usually, a Nurse-Attorney will have more knowledge (not always, but usually).  Your attorney needs to do a better job.  

2.  Your connection to get the new contract will be found here................Every BON has an attorney on staff.  That attorney is kind of at the top of the heap at the BON. All of the sheep below (BON staff people) filter stuff up to that attorney (which represents the State of Massachusetts), but the sheep don't care very much and aren't the smartest and much of the stuff supposed to reach that BON attorney never does because the sheep won't allow it.   The sheep only cares about going home at 4pm and what is for lunch.  The sheep isn't interested nor cares about you or your family.  The sheep is interested in power. Your attorney needs to submit formal, written requests to the BON's attorney with the potential implications of taking the case to a court of law before an administrative law judge IF the BON doesn't answer in a certain time frame.  In summary, your lawyer sounds horrible AS IT RELATES TO THE BON ISSUE.  The lawyer might be superb in other areas, but it appears the BON thing isn't your lawyers cup of a tea.

3. https://www.taana.org/referral  This is a website of Nurse Attorney's in different states.  Here's an example of what I am talking about with this nurse attorney......https://www.taana.org/Sys/PublicProfile/52981064/5281867

4.  Congrats on your awesome recovery.  I'm envious.  Sounds like you have made an incredible comeback and it's well deserved.  A letter or request from your attorney (a good attorney) could be framed in a way such as...."this nurse has tried contacting an getting a response from the BON for..........years with no result or a very vague response, therefore we will seek to have the case reviewed by an administrative law judge in a court of law if 30 days have passed without a response from the BON."  Now, I am NOT a lawyer and don't claim to be.  But, language somewhat in the ballpark of the above statement is how you get a response from the BON.  When they see or hear the words, "Administrative Law Judge," the sheep are smart enough to understand that its serious and they actually have to act.  They wake up quickly, trust me.  The attorney you have.......it sounds like that attorney hasn't put nearly enough, hardly any pressure on the BON.

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Specializes in Adult and Pediatric Vascular Access, Paramedic.

Cannot help with the legal issues, but I highly recommend you rescind your state of residence and your actual name on your post, just to protect your own privacy! 

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To be clear, common sense tells us the following statements below which are fact and public knowledge and someone doesn't have to be an attorney,  or is someone giving legal advice, because public facts are things we know of without having to go to law school. It's kind of like this...."most people in the public know that Tylenol helps with aches and pains". You don't have to be a nirse to know that or a Doctor. It's common knowledge. So, here are the 3 things I'm talking about.

1. Every BON has either an attorney on staff or an attorney that is their go to person because an attorney has to supervise/proof read all consent orders. 

2. We know that contact with BON Staffmembers is often difficult as many of them are lazy, don't respond, or give vague responses or very late responses.

3. With a decent attorney representing a nurse, that attorney can go straight to the top which means, direct one on one communication with the BON attorney. 

The above 3 things are what you need. As for the details on how, who, what the process is for your attorney, his or her legal language exactly used and all of that stuff IS legal advice and no person but an attorney can give you that.

Think about it. A Nurse on the BON gets 5 different questions in the day from nurses woth licensing issues. Do you really think she has to give you an immediate or detailed response? Some do, but many don't, and if you get one of the ones that don't, there are little to no consequence for that lazy nurse on the BON. But, if that BON nurse gets a question from an attorney, she has no choice but to get her butt in gear or consequences occur quickly.

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 I apologize for the confusion; but the lawyer I was referencing in my previous posts was NOT MY LAWYER! I put this situation out there, In the hopes of getting ANY replies that I could gain insight from.  Making sure I didn't sound unreasonable, and my concerns were valid.

Thanks, to everyone who reminded me to change my personal info changed me 

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