Modification of probation in CA

malamud69, BSN, RN · Mar 2, 2017

Unless you are really lucky....it seems to be the same in most states...these programs are based on the junk science "ideal" that 2 years of testing is some "magic" number that prevents....wait for it..."relapse"

allnurses Guide · Mar 3, 2017

Hello,
I was just curious if any nurse in CA have been able to successfully modify their probation at 1 year to eliminate drug and alcohol testing? Before everyone jumps down my throat, I'm not asking because I want to go out drinking, the reason I'm hoping to have this done is because the testing fees are way too expensive for me and my family to afford. Also, and almost more importantly, this aspect of my probation is prohibiting me from traveling to certain parts of the country where we have family and there is no First Lab testing site (Kauai, HI).... trust me, I asked, and there is no lab there that first lab works with. So anyhow, I'm hoping for a positive success story or two from CA nurses only.
Thank you

I don't know if you will be successful in eliminating drug/etoh testing completely. It generally becomes somewhat less often as time in the program progresses. Good luck with telling them you can't afford it - They really don't care.

However I did travel to Hawaii (Kauai) twice while I was in monitoring. Both times for 1 week. I was 100% compliant and they paused my testing schedule both times. I still had to go to meeting there and found a great fireside meeting on a beach in Princeville.

You just never know until you ask

Good luck to you

Hppy

kearsleyRN · Mar 3, 2017

Thank you. They have new rules since the 1st of this year and you can no longer just pick up an extra aa meeting in place of your nurse support group. So basically you can't go anywhere for more than 6 days.

allnurses Guide · Mar 3, 2017

Thank you. They have new rules since the 1st of this year and you can no longer just pick up an extra aa meeting in place of your nurse support group. So basically you can't go anywhere for more than 6 days.

What I did both times I went to Hawaii was go to nurse support then catch a red eye same night then be back in time for nurse support group the following week. Still remember these programs don't go on forever 3 to 5 years. Most probation contracts are 3 years so you only have 2 more years to go. As to cost I had to take out second on my home. Plus once I was approved to work again about 6 months in I couldn't just up and go on vacation anyway.

Hppy

gnurse2089 · Mar 3, 2017

Hi Kearsley,

I'm reaching the one year mark in May and I'm hoping to get rid of the same requirement. In the first year alone I've racked up nearly 3 grand in testing fees, money that could be going towards my BON fee, student loans, or savings.

I contacted a lawyer that specializes with the board about a month ago. I can't say who but just do a google search of RN lawyers in California and you should find the info. She told me she obviously couldn't do anything at this point but she did give me some advice.

First, I think it depends how serious your offense is. If you're on probation for an incidence of drug diversion or multiple criminal offenses, there's pretty much no chance they'll get rid of this requirement. First time DUI offenders, such as myself, or people on probation for mental health issues seem to have better luck from what she's seen.

Regardless, I'd word your letter in a way that makes it clear that this is about the high price of the testing and not about you wanting to go on a drug and alcohol binge. Also, if you're offense was years ago and there's been no problems since, that helps at well. I don't see how testing someone who got a DUI four years ago for 2 more years is really going to make a difference.

And as for everyone saying the testing reduces over time, I thought that was true as well, until I met a girl in her 3rd year of probation in my nurse support group who continues to be tested 3-4 times a month. At this point she's racked up close to 10 grand in testing fees alone.

kearsleyRN · Mar 3, 2017

Hi GNurse!

Thank you for the insight! I am a new grad (and haven't even begun working yet) and the reason I am on probation is because of 2 DUIs I had before I was even in nursing school or knew I wanted to be a nurse. One is 14 years old and one is 6 years old. Very upsetting to have to pay for these crimes all over again especially since I wasn't even a nurse when they happened. Anyhow, I don't drink and I am a totally different person than I was years ago (not that the BRN cares about that) so I'm hopeful that after a year I can put together a compelling argument to be relieved of this insane testing and groups! Please keep us posted on what happens after you ask! Good luck to you :)

gnurse2089 · Mar 5, 2017

Thank you. They have new rules since the 1st of this year and you can no longer just pick up an extra aa meeting in place of your nurse support group. So basically you can't go anywhere for more than 6 days.

Just wondering if your monitor told you this or its just what you heard? Reason I ask is at least two people from my group have missed nurse support groups with prior clearance from their monitor since the 1st of this year and it didn't seem like they had too much trouble. I actually am planning to go to a family reunion in Seattle next month and would be missing one group, I hope I don't run into any problems. Worse comes to worse I'll just have to move my flight up a day but that would be a pain.

kearsleyRN · Mar 5, 2017

Hi Gnurse,

Yes, my monitor told me:( I don't know how strictly it's currently being enforced. Also, my nurse support group facilitator told me that she was told further explanation and "more changes" are to come soon!

Tig34 · Jun 12, 2017

Hello there,

I am a prospective nursing student in Ca and I also have 2 DUIs, one from 2008 and the other from 2013. I see that there's the (strong) possibility that those with 2 DUIs may have to go to rehab, AA meetings, alcohol/drug testing etc. I am wondering if there's anything I could do before applying to potentially avoid having to do some of these thingS. Since you pretty much have a very similar circumstance as my own, I am wondering if you provided any proof of rehab or AA meetings when you applied? Also, were your DUIs expunged? Thank you for any feedback.

gnurse2089 · Jun 12, 2017

Hey Tig34,

Welcome to the boards. Just FYI, it used to be 2 DUIs would land you in probation. These days even people with one dui and no prior criminal history end up on probation so the board is getting very strict. My advice would be, start attending AA meetings weekly, find a sponsor, collect as many character references as you can and find a doctor that can do a screening for substance abuse disorders. They're expensive and most don't take insurance but the BON won't just take your word for it that you no longer have a drinking problem.

The funny thing is, the LVN board is way lenient on these things so every board has its own rules and regulations.

Be prepared for the board to deny your licensure application initially. You'll then get the chance to appeal and if you're lucky you'll get an unemcumbered license or probation with the rule out clause which means you don't have to drug test or do any of the other major requirements.

You've got time on your side, I wish you the best

catsmeow1972, BSN, RN · Jun 12, 2017

Unless you are really lucky....it seems to be the same in most states...these programs are based on the junk science "ideal" that 2 years of testing is some "magic" number that prevents....wait for it..."relapse"

I find that these programs (and a lot of the attached "treatment") rely heavily on junk science, to justify multiple years of testing, As i recall this gem of an idea has minimal evidence to back it up. There is no "magic" length of time after which you are not susceptible.If there were, you would never see people who've been sober 20 years, relapse...but it happens, more often that one would think.

Like others here have said, I seriously doubt that that after one year you would succeed in getting any stips changed, but especially that one. You can always try, but not to be a buzzkill...don't get your hopes up. Sry.