Monitoring (voluntary) vs. probation

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Hello, I am a fellow nurse who has been accused of drug abuse/diversion and failure to document controlled substances correctly. Diversion and abuse is not true at all, I have even taken drug tests on my behalf and they have been negative just to prove to my former employer and the board. However, I cannot rule out diversion. And I did not document and scan meds like I should have, especially PRN meds, which a lot of times were controlled. I was reported to the board. I have a board hearing with the nurse consultant in a few days. I wanted to get some feedback on some similar situations regarding this. Any help would be greatly appreciated. I so badly want to join the monitoring program in my state, even though I do not have a problem with abuse,  only because I would not be on probation and therefore have an encumbered license. I however went the investigative route, and am wondering if I can change course and self report/sign up to the monitoring program, or is it too late? PLEASE HELP! 

Specializes in FLOAT RN I DID IT ALL EXCEPT DELIVERY AND OR.

what state? let's chat!

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How many times did you not document controlled meds properly?  Why did this happen?

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Im on probation also. I have 1 year left of a 2 year probation . Im in Mississippii and here its a permanent mark on your license ?      but I have a good RN job - day shift- Im planning on staying at.  Good luck!

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On 10/15/2020 at 2:22 PM, AbbeyR said:

I’m not sure about you state, I’d ask a lawyer that specializes in licensing. In Michigan it shows forever. 

If I am sent to HPRP and I participate, this shows forever?!?! 

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No judgment, just curious - why didn't you sign out the drugs and how did you get them from pyxis without signing them out?

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I'd like to know what people have to say about this for a new grad with a 3x criminal record. 

My attorney seems to think it's unlikely that I will off with the board without an issue to take my NCLEX and get licensed, and thinks it's likely they will offer either probation or the recovery program in MI. 

Part of me leans toward HPRP, if it were non-regulatory and didn't show on my license, as opposed to the probationary mark which would stay with me forever in addition to my rap sheet. The attorney disagrees, but her reasons, IMO, are not very strong since she has no concept on a personal level what having yet ANOTHER black mark on my career record will do for employment prospects in the future..

She says they will treat me "like a criminal." LOL, umm, I'm in sobriety court so I've developed a pretty thick skin. As if that would be a serious enough reason not to do it.. I don't know what the board is going to offer me but if they offer probation, I'm really considering asking for non-regulatory HPRP Instead... Thoughts?

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Specializes in FLOAT RN I DID IT ALL EXCEPT DELIVERY AND OR.

hi there, 

 

     Sounds like HPRP may be the way to go IF 

you only care about your history being private.

You will probably get a 5 year contract ( these are now popular no matter offense)  which means total abstinence and calling in everyday for these 5 years.  

 

I would see what your attorney can do for you, if you just get probation and then can take your NCLEX,when you apply for your license you will have to disclose your hx anyway.  

Maybe your attorney can get you working and a lesser contract! 

Let me know what happens, good luck, and remember I'm here if you need me!

[email protected]

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13 minutes ago, NuRsE ReScUe said:

hi there, 

 

     Sounds like HPRP may be the way to go IF 

you only care about your history being private.

You will probably get a 5 year contract ( these are now popular no matter offense)  which means total abstinence and calling in everyday for these 5 years.  

 

I would see what your attorney can do for you, if you just get probation and then can take your NCLEX,when you apply for your license you will have to disclose your hx anyway.  

Maybe your attorney can get you working and a lesser contract! 

Let me know what happens, good luck, and remember I'm here if you need me!

[email protected]

Thanks, I appreciate it. 

I know I don't need any more treatment (and the two evaluators I saw agreed) because I've already done and continue to do a great deal of treatment for sobriety court anyways. I also kept all my records proving abstinence, treatment, positive employment history, volunteer work, psych and substance abuse assessments etc. 

HPRP in MI is a max 3 year contract, so that's definitely better than 5. And my attorney may even be able to work it down to less but not positive either way. 

I'm not sure what you mean when you say: "if you just get probation and then can take your NCLEX,when you apply for your license you will have to disclose your hx anyway." 

I absolutely will have to disclose my hx when I apply for NCLEX, so that's understood. In MI you applying for licensure and NCLEX is the same thing – so my application will include all my hx. The whole idea is that if they don't give me a free and clear RN license, should I request HPRP instead of the probation, if that's what they recommend? That's something I'm not sure about. But as I said, any further barriers to getting a job, particularly a permanent potential barrier like a record of formal disciple/probation on my RN license forever – that could be a problem. 

Then again, maybe once future potential employers sees my rap sheet the idea that I was immediately placed on probation won't be a big deal anyways because they would understand why, and that it's not like I ever misused my license. However, what about the jobs that immediately weed you out if your license has ever been discipled? Going through a non-regulatory (though hellish) program like HPRP could be a good alternative... I wrack my brain over this hours a day, frankly. 

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If HPRP says you don’t need to be monitored then you’ll have to see what the BON would allow. 

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Just now, AbbeyR said:

If HPRP says you don’t need to be monitored then you’ll have to see what the BON would allow. 

I hadn't thought of that. In enters another option for me to torment myself with LOL. No, but really, I can't control any of this stuff so it is what it is. I've done just about as much as humanely possible to change and collect verifiable proof of that, so whatever they choose to do is beyond my ability to control when I remember that. I did everything I could. 

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You know when I received my administrative complaint a few weeks ago, I wasn’t had upset as I thought I would be. I feel the same way, it’s out of my control. I’m working with my lawyer, continuing to work to prove I’m safe to practice and taking it one day at time. Are you still waiting to here back from LARA?

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I'm in Alabama and I was offered probation for refusing to take a drug test at work. They offered me probation but they did let me do Vdap even after I was offered probation.  I did have a major problem though so vdap was in my best interest. 

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