Navigating MI BON/ haven't heard from them in 6 months

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I was fired in Feb 2022 for suspected diversion, reported to the Michigan BON. They referred me to HPRP for evaluation. I went through their intake and was given a one year mental health contract that I signed in Nov 2022.

During that time, the BON went ahead and filed a formal complaint, on my license in Dec 2022. Since Summer of 2022, I've met with the BON investigators, analysts, etc 4 times via phone/zoom with my attorney. My final meeting with them was in March 2023.

In May, I received word from my attorney that they were offering 2 years probation, CEUs and a $500 fine. I told my attorney to accept it and send me over the paperwork to sign. 

Since then I have been unable to get in touch with anyone involved with my case. My attorney always tells me that they reach out to the contact and do not receive a reply. I've emailed EVERYONE I could find whose name was on any of the paperwork associated with my case. I've even emailed the members of the BON directly (getting their names from public records.)

I haven't been able to work as a nurse since Dec 2022. No one wants to hire me with an open complaint, they want to know how it will be resolved. Fair enough, and I don't expect them to simply take my word for it.

Does anyone know how the hell I can move this forward? Who I should contact? 

Side note, does anyone know if it's possible to go back to school while your license is on probation?

Did you sign the consent and stipulation the board gave you as apart of your agreement?  If you nursing license is still active you can still work. Big institutions might not want to hire you with an open complaint, but certainly you can find work in the private sector or home health care . If you have any questions let me know. I've been through that process, it will get better. Good luck. 

Navigating MI BON/ haven't heard from them in 6 months

 

No, that's the thing. I haven't received any paperweight at all. I've been reaching out since May to get that stuff to sign and no one will answer me. 

That's bizarre, if you have an attorney representing you he should be the one trying to contact the board to get the consent and stipulation signed. The board can be notoriously slow but that seems extreme. Have you tried emailing them? Also you can go back to school while on probation. I've done it. 

My attorney is useless. I had a great one in the beginning but he left to go to another firm, they reassigned me to someone else. Every time I reach out to her, she responds at least a week later and tells me that she's reached out and not received a response.

This last time, about a month ago, she told me it was "weird" that the analyst still wasn't getting back to her and she'd try to find "someone else." Crickets since then. I'm in group therapy and 2 women have had issues with the BON after me and have both had their issues resolved. 

About a month ago I started emailing anyone whose email address I could find who works there. I emailed the general BPL account. I have even emailed my state rep and the governor. 

Thanks for the comment about school. IDK how I'd afford it, but it seems like a good idea to give me something to do. 

Specializes in Psych.

Did you ever get in touch with anyone from the BON?

I do have another question for you though, I hope it's okay to ask you.

In your post you mentioned that they offered you 2 years probation, CEUs, and a $500 fine. Are you able to keep working with your nursing license during that 2 years probation? I just got the notification from the BON yesterday and my anxiety is taking my mind down the rabbit hole of my life is over. Im trying to find some hope that although I may get a disciplinary action brought against me, I will still be able to work as a nurse and be able to provide for myself during that time financially. ((Accused of diverting, mom passed away unexpectedly 3 weeks prior, distracted/anxious/depressed at work that led to poor charting, also with endometriosis & self medicated with pain pill while on period-when I was given the drug test)) 

 

NurseMarplay said:

Did you ever get in touch with anyone from the BON?

I do have another question for you though, I hope it's okay to ask you.

In your post you mentioned that they offered you 2 years probation, CEUs, and a $500 fine. Are you able to keep working with your nursing license during that 2 years probation? I just got the notification from the BON yesterday and my anxiety is taking my mind down the rabbit hole of my life is over. Im trying to find some hope that although I may get a disciplinary action brought against me, I will still be able to work as a nurse and be able to provide for myself during that time financially. ((Accused of diverting, mom passed away unexpectedly 3 weeks prior, distracted/anxious/depressed at work that led to poor charting, also with endometriosis & self medicated with pain pill while on period-when I was given the drug test)) 

 

I did finally hear back but only after I contacted the governor's office and complained. So it took 18 months but I did get  papers to sign and my probation started in Feb. 2 years, a fine due in May and some CEUs also due in May. 

Yes, you can work while on probation but pickings are slim, I won't lie. For all of 2023, no one wanted to take a chance on me because I had an open formal complaint on my license. They wanted to know what the outcome would be and of course, they didn't take my word for it. 

I was accused of diverting but it wasn't proven so that isn't on my DAE report. I did admit to sloppy charting because of my mental health. 

Anyway, I recently found a nice job at a substance abuse treatment center, mon thru fri, no weekends or holidays, pays decent. You do have to let the disciplinary committee know if you have a job and you have to have your boss send a quarterly report to them. It's just a few boxes to check, do you show up for work and on time, do you seem impaired, do they have any concerns. I hope to keep this job for the next 2 years because yeah, it's embarrassing af to tell a prospective employer about all of this. 

My advice is to get an attorney to help you navigate the BON. You can also do it yourself, if you want. I felt like my life was over for a long time but it isn't. Definitely new stuff to deal with but it's doable. I've worked bedside for 22 years and didn't know what else to do. Now that I have a 8-430 job, I don't know if I'll ever go back to bedside. I have a lot less stress and I certainly have more energy after work. 

Best of luck to you. I know how you're feeling and just know that your life is not over, you can still work as a nurse and nothing lasts forever!

Specializes in Psych.

Wait, you had to contact the state governor's office in order for someone to finally get back to you? Thats insane! Well, at least now everything for your case is signed and now you have a projected timeline and deadlines to work towards. 

I apologize in advance in I am asking too many questions, or you would prefer not to answer. I totally understand. I just haven't been able to talk to someone who had or currently has a case open with a BON, especially one with such a similar story. 

I am accused of diverting and was notified yesterday about the complaint filed with the BON. I'm in Las Vegas, Nevada for reference. When your employer initially made the accusation to you, did they have you do a drug test due to reasons of suspicion? 

When my mom died the few weeks prior to when I was formally called into a meeting with administration, my mental health deteriorated, and my anxiety and depression grew tremendously. The reason my job made the accusation was because of my poor charting of medications and just my overall charting for a few weeks. And I will be the first one to admit that I know my charting of clicking off medications was minimal to nonexistent in some cases. & really it was because I could not for the life of me sit down and focus, or if the patient wanted a pain pill, I would literally get  up, go get the pill from the pyxis, give it to them & then continue on with whatever I was doing (usually was watching some show from Netflix or something to get my mind off of everything going on in my life at that time). 

I do not have a substance abuse problem, at all. My drug test did come back positive, but I self-medicated the night prior to my shift because I have endometriosis and was in so much pain. 
I'm concerned/scared out of my mind that I won't be able to prove that I do not have a problem and that it was an isolated incident on top of as horrible coincidence that was insanely bad luck & timing on my part. 

I'm assuming the job that made the accusations terminated your employment or whatever the case was- you didn't work there anymore. Did you immediately look & start a new nursing job right after?  You mentioned it was difficult finding a job while on probation? So, from the time you stopped working at the job that made the accusation, to when you started at the treatment center...you didn't work?

This whole dang thing is worse than the most embarrassing thing I can even come up with. Honestly, I plan on not telling a single person about this. I have a boyfriend, but I just keep reassuring him that everything's okay & that the facility that accused me won't file a complaint on me with the BON...& blah blah...etc. The disappointment he had when I called him bawling my eyes out saying that I'm going to be fired and whatnot was unbearable.

I got a new job working as an adult psych RN at a hospital. I start the job in 2 weeks. If I was placed on probation, I would have to inform my manager because they'd have to fill out reports to send to the BON, right? So, I'd have to basically hope & pray they'd be able to accommodate & accept the new terms of my employment. I get it now.
That is exactly how I am feeling right now. That my life is over, and I see no light at the end of the tunnel. I really have no idea how I'm going to be able to go through this, mentally & financially. 
Thank you for sharing your personal experience with me. You have definitely given me a glimmer of hope that the outcome will be manageable and that where I eventually end up after navigating this process, might not be that bad or possibly a better place than I'm currently in job wise.

NurseMarplay said:

Wait, you had to contact the state governor's office in order for someone to finally get back to you? Thats insane! Well, at least now everything for your case is signed and now you have a projected timeline and deadlines to work towards. 

I apologize in advance in I am asking too many questions, or you would prefer not to answer. I totally understand. I just haven't been able to talk to someone who had or currently has a case open with a BON, especially one with such a similar story. 

I am accused of diverting and was notified yesterday about the complaint filed with the BON. I'm in Las Vegas, Nevada for reference. When your employer initially made the accusation to you, did they have you do a drug test due to reasons of suspicion? 

When my mom died the few weeks prior to when I was formally called into a meeting with administration, my mental health deteriorated, and my anxiety and depression grew tremendously. The reason my job made the accusation was because of my poor charting of medications and just my overall charting for a few weeks. And I will be the first one to admit that I know my charting of clicking off medications was minimal to nonexistent in some cases. & really it was because I could not for the life of me sit down and focus, or if the patient wanted a pain pill, I would literally get  up, go get the pill from the pyxis, give it to them & then continue on with whatever I was doing (usually was watching some show from Netflix or something to get my mind off of everything going on in my life at that time). 

I do not have a substance abuse problem, at all. My drug test did come back positive, but I self-medicated the night prior to my shift because I have endometriosis and was in so much pain. 
I'm concerned/scared out of my mind that I won't be able to prove that I do not have a problem and that it was an isolated incident on top of as horrible coincidence that was insanely bad luck & timing on my part. 

I'm assuming the job that made the accusations terminated your employment or whatever the case was- you didn't work there anymore. Did you immediately look & start a new nursing job right after?  You mentioned it was difficult finding a job while on probation? So, from the time you stopped working at the job that made the accusation, to when you started at the treatment center...you didn't work?

This whole dang thing is worse than the most embarrassing thing I can even come up with. Honestly, I plan on not telling a single person about this. I have a boyfriend, but I just keep reassuring him that everything's okay & that the facility that accused me won't file a complaint on me with the BON...& blah blah...etc. The disappointment he had when I called him bawling my eyes out saying that I'm going to be fired and whatnot was unbearable.

I got a new job working as an adult psych RN at a hospital. I start the job in 2 weeks. If I was placed on probation, I would have to inform my manager because they'd have to fill out reports to send to the BON, right? So, I'd have to basically hope & pray they'd be able to accommodate & accept the new terms of my employment. I get it now.
That is exactly how I am feeling right now. That my life is over, and I see no light at the end of the tunnel. I really have no idea how I'm going to be able to go through this, mentally & financially. 
Thank you for sharing your personal experience with me. You have definitely given me a glimmer of hope that the outcome will be manageable and that where I eventually end up after navigating this process, might not be that bad or possibly a better place than I'm currently in job wise.

Just curious where did you get the medication that you tested positive for?

So after your employer terms you, they send a complaint to your nursing board. IDK how long Nevada will take but I got termed in Feb 2022 and received papers from the BON I think in June. No, they didn't ask me to take a drug test when they met with me but I sure offered. I had contacted an attorney the day I was fired because they'd told me that they were going to report me to the board. He knew that I'd offered and they'd declined a drug test. He had me take one on my own right away, paid out of my pocket. I did hair and urine. 

If you can, find an attorney who has experience helping nurses with the BON. This whole process cost me around $8k but don't forget, it also took FOREVER so that increased the price tag. 

Do not be surprised if you also receive papers from a peer assistance/substance abuse agency. If you have one for health care professionals in your state, the board will refer you to them. They will want you to do a drug test and meet with a psychiatrist to try and find out if you have a substance abuse problem. You'll have to pay for it all out of pocket, fyi. My attorney helped me find a good psychiatrist and after he interviewed me, his report indicated that I did not have a substance abuse problem but that I needed to take care of my mental health. 

I hope some of this helps you. It's a bleak place to be in life but it WILL pass. And if you have any more questions, ask away. 

I just looked it up, looks like Nevada's program is called the Nevada Professionals Assistance Program.

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