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mediation with BON..What should I expect?

Nurses   (355 Views | 9 Replies)
by TXStrong TXStrong (New) New

218 Profile Views; 5 Posts

I was contacted by the bon to schedule mediation  in regards to case I currently have and wonder what I should expect? Here's a little bit of back story...

Back in 2014 I was working as a LVN behavioral health hospital specializing in geriatric behavior issues. So at this point I had only had my license for 7months. We use both EMR and hard copy charts.  And one day I was in the middle of signing meds out when the computer network was completely off line. At the same time the patients all started  to have increased agitation and our MHTs needed help with redirection and since I couldn't chart or anything I stayed helping them and assisting with meals. Around 4 hours later the computers came back online  so I went to finish charting . They next day I was called to the DONs office because one scheduled  Ativan 0.5mg. Was not signed out . I explained that I just must have missed as I was focused on charting the behaviors but it was signed for on the DEA log.. I was told at that point I would need to take a drug test.  Which I personally think was overly aggressive but OK no problem. I was irritated  by the whole situation  and I said"  can't believe I'm being drug tested when over half of their employees would fail for weed".  Gave my sample with HR as a witness.  I was then told I would be suspended until my result came back. Because this is a locked unit I gave my keys so there was no way I was there or been there .Days go by and I call for result,  and when could I work. . I was told at that point that because I gave them my keys they hey assumed I quit. The test were negative btw, but they said they already filled my spot and the paperwork was processed. A couple months later I received my first letter from the bon. In the this letter they list 2 issues, the 1st being misappropriation of one 0.5mg ativan and the 2nd said I stated I would fail the test due to smoking weed! I responded back explaining what actually happened and waited for a response....for 2 years I got nothing. Then out of the blue I got a letter with many more added issues such as misappropriation of Ativan 1mg on 2 different people but the date was months prior to the original issue. Now I don't know every facilities policy but at this place as soon as it is suspected  you are pulled from the floor to test. I find it very hard to believe they actually thought I had diverted 2 months earlier but allowed me to continue to work unrestricted and never called in the office to discuss the other missing meds. The letter said I had 20 days to have psychological testing done at my cost. I called to talk the bon because I had no knowledge of any other issues with medication until that letter. They basically said too bad you have to do it. So I did and hadn't heard anything from them for almost 2 years when I get a letter with proposed order that basically was anything and everything they could make me do. TPAPN, NA meetings, fines, remediation etc. I could agree and sign it or not and they would file formal charges against  me. I had gotten copies of everything my employer sent to them and basically there was one verbal warning about documentation issue and the rest was hand written medical records numbers with dates and descriptions of what they claim I did and that was it. No actual evidence other than a person writing it down on regular paper! Heck for all I know a kid could have wrote it but needless to say I didn't sign. A couple months later it was add to my license that formal charges filed but no restrictions and have always been able to renew with no problem. Now another year and a half later I get a request for mediation. I would also like to mention every time I answered to charges I asked to do the EEP program which is random drug testing but none oth the other restrictions that usually accompany TPAPN, but was denied. It has been 5 years since this first happened and I have worked the entire time with no issues. My employers all have given me wonderful reviews and I haven't had any write up. At this point I don't think  it would be fair to impose all those restrictions when I have been a perfect employee.  Also, the employer that reported me was closed by the state and had lost multi million dollar lawsuits from patients and families.  I'm ready to get this over but I afraid they are going to make me do all the things that just won't be possible for me to be successful. Any advice or thoughts about mediation?

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DextersDisciple has 7 years experience as a BSN, RN.

330 Posts; 4,117 Profile Views

You desperately need a lawyer. Don’t do anything without them from now on.

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VivaLasViejas has 20 years experience as a ASN, RN and specializes in LTC, assisted living, med-surg, psych.

8 Followers; 142 Articles; 9,783 Posts; 251,601 Profile Views

I agree. Lawyer up! The board of nursing is NOT your friend. 

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Serhilda is a ADN, RN and specializes in Cardiac Telemetry, ICU.

279 Posts; 5,343 Profile Views

Dear God why haven't you hired a lawyer! There are plenty of posts here on allnurses describing what websites are helpful in navigating the BON, especially with how to obtain a lawyer. Please take a look through those and start contacting lawyers ASAP.

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kp2016 has 20 years experience.

367 Posts; 3,836 Profile Views

5 years since this alleged event and they are still messing with you and your unrestricted license, It's astounding to me that the BON(s) have the audacity to claim they are protecting the public.

When is someone going to protect us nurses! It's a gross injustice that you need to hire a lawyer to defend yourself against such an obviously malicious claim and a ridiculously punitive punishment. 

Best of luck

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LibraNurse27 has 7 years experience as a BSN, RN and specializes in Community Health, Med/Surg, ICU Stepdown.

1 Follower; 324 Posts; 3,505 Profile Views

OMG. I have not dealt with BON mediation but this sounds ridiculous. Just want to say I'm sorry you're going through this.

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5 Posts; 218 Profile Views

7 hours ago, Serhilda said:

Dear God why haven't you hired a lawyer! There are plenty of posts here on allnurses describing what websites are helpful in navigating the BON, especially with how to obtain a lawyer. Please take a look through those and start contacting lawyers ASAP.

Up until this point I wasn't anything I couldn't handle and years have gone by in  between correspondence from the BON. I couldn't even begin to imagine what the retainer fee would be!

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5 Posts; 218 Profile Views

6 hours ago, kp2016 said:

5 years since this alleged event and they are still messing with you and your unrestricted license, It's astounding to me that the BON(s) have the audacity to claim they are protecting the public.

When is someone going to protect us nurses! It's a gross injustice that you need to hire a lawyer to defend yourself against such an obviously malicious claim and a ridiculously punitive punishment. 

Best of luck

Exactly!! In Texas we do not have a union for nurses.  There is absolutely no one to turn to for help except an expensive lawyer. For the last 5 years I have lived with thought "is today the day they take away my ability to provide for my family?". I get emails showing what mail pieces I have coming and my heart just stops when I see letters from the bon. Usually it's just a letter to inform me that that it's become necessary to extend the time frame for my case. Talk about stress!!

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JadedCPN has 13 years experience as a BSN, RN and specializes in Pediatrics, Pediatric Float, PICU, NICU.

1 Follower; 1,041 Posts; 9,054 Profile Views

If you can't afford to lose your license, then you need to figure out how to afford a lawyer who is experienced with BON issues. It will be worth the investment.

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5 Posts; 218 Profile Views

39 minutes ago, JadedCPN said:

If you can't afford to lose your license, then you need to figure out how to afford a lawyer who is experienced with BON issues. It will be worth the investment.

No doubt! Absolutely will get an attorney just until now I felt like I could handle it.

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