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?
I'm assuming by what you've told me, the BON wasn't able to prove it because 1.your job denied for you to get a drug test after you offered to do & 2. Because you went and did one on your own, that help to prove your innocence.
You definitely were on top of it on the day you were termed.
When you had the interview with the psychiatrist and they deemed that you did not have a substance abuse disorder, do you think their expert opinion on you weighed heavy in favor of you?
Our cases are very similar besides the fact that I was asked to do a urine drug test & I went ahead of gave a sample that I knew would be unfortunately positive for oxy, from which I took the night before because my cramps were super intense.
I've come to accept the fact that I know my case will end in disciplinary action. It's inevitable at this point. But what I need to make happen is to keep my license at least active in order to have steady work based income.
You were offered a sweet deal in my opinion!
I'm not sure if you would know, but when the nurse is placed on probation , do all disciplinary actions of being placed on probation mean that you'll keep
Your license & be able to work through out the probationary period. Or are there some nurses that were mandated to be on probation, and their nursing license had to be suspended for the probationary time period?
Well, my UDS was positive but it wasn't for any of the meds my job accused me of diverting. My hair test was negative. I would suggest that you also go get a hair test to show that this incident they are referring to is not a long term issue. If your job accused you of diverting oxy, that might be an issue but if you also have a good report from a psychiatrist/addictionist, that will work in your favor.
Yep, I went and got another job right away with no problem. My license was still good at that point and I hadn't received any notice from the board yet. When the formal open complaint was applied to my license in Dec, 9 months after I was fired, they let me go because I wasn't willing to be moved to another job where I wouldn't be handling narcotics (so so stupid of me.)
Right now you're license is OK so yes, keep working! Once you get your paperwork from the board, you really should tell your current employer. Hopefully by then they will have had time to see that you're an asset and will be willing to work with you during this.
The first thing that will happen is you'll get papers from the board detailing the complaint from your former job. You will have a meeting set up (mine was zoom) that's kind of like a fact finding thing. They will address each complaint and ask you about it. You do get time to say your piece. BE CAREFUL WHAT YOU SAY. Again, attorney if you can. Then after they've considered all the stuff they have, they decide what they're going to do, close it or move forward. In my case, they moved forward and opened a formal complaint. That will show up on your license when it is searched.
Then you'll have one or maybe 2 more contacts with board people, mine was a pharmacist because the issue was meds. Then they decide what to do. This is what took over a year in my case. I still don't know why. I kept getting told "they're very backed up." They can give a reprimand which is just a slap on the wrist but has no punitive measures. They can fine you or require you to complete some education. Or they can offer probation, suspend a license or revoke a license. This is only what I know about my state, Michigan. It may be different in Nevada.
Probation is pretty standard, 1 or 2 years. There are no restrictions on your license as to where you can work but you have to have a supervisor fill out that form every 3 months. You have to let them know immediately if you quit your nursing job and when/where you start working again. This is only for nursing jobs, if you're not using your license, you just send in a report every 3 months that says you're not working as a nurse. If you aren't working as a nurse, probation may be a bit longer. They're super intense about *** being done right and in on time!!
In Michigan, all disciplinary actions stay on your license forever. So ten years from now when someone looks up my license, it will show that I was on probation from 2024 to 2026. They also have public DAE reports that detail what they gave you the discipline for. In my case, it was incompetence.
The health professionals program contract I did was "voluntary." As in, the board of nursing referred me and if I didn't do all the things they said, my license would get suspended until I did. But it wasn't a condition of my probation at all. Yes I got a very good deal, it was just one year. Very expensive! Usually those contracts start at 3 years. I know people who have spent tens of thousands of dollars going through a 3 year program. That contract will limit where you can work, what shift, contact your employer and make you check every day for random urine, blood or hair drug testing for the entire 3 years. No alcohol or any kind of substances, even prescribed, for 3 years.
If you do get referred to one of these programs, do not ignore it. That will look horrible to the BON, I promise. Just call them, go through their intake process and see what happens. If you get a contract that sucks but just suck it up and do it.
Hope this helps. If you want to message me privately I can give you tips and things my attorney told or did for me that were helpful.
Well, my UDS was positive but it wasn't for any of the meds my job accused me of diverting. My hair test was negative. I would suggest that you also go get a hair test to show that this incident they are referring to is not a long term issue. If your job accused you of diverting oxy, that might be an issue but if you also have a good report from a psychiatrist/addictionist, that will work in your favor.
Yep, I went and got another job right away with no problem. My license was still good at that point and I hadn't received any notice from the board yet. When the formal open complaint was applied to my license in Dec, 9 months after I was fired, they let me go because I wasn't willing to be moved to another job where I wouldn't be handling narcotics (so so stupid of me.)
Right now you're license is OK so yes, keep working! Once you get your paperwork from the board, you really should tell your current employer. Hopefully by then they will have had time to see that you're an asset and will be willing to work with you during this.
The first thing that will happen is you'll get papers from the board detailing the complaint from your former job. You will have a meeting set up (mine was zoom) that's kind of like a fact finding thing. They will address each complaint and ask you about it. You do get time to say your piece. BE CAREFUL WHAT YOU SAY. Again, attorney if you can. Then after they've considered all the stuff they have, they decide what they're going to do, close it or move forward. In my case, they moved forward and opened a formal complaint. That will show up on your license when it is searched.
Then you'll have one or maybe 2 more contacts with board people, mine was a pharmacist because the issue was meds. Then they decide what to do. This is what took over a year in my case. I still don't know why. I kept getting told "they're very backed up." They can give a reprimand which is just a slap on the wrist but has no punitive measures. They can fine you or require you to complete some education. Or they can offer probation, suspend a license or revoke a license. This is only what I know about my state, Michigan. It may be different in Nevada.
Probation is pretty standard, 1 or 2 years. There are no restrictions on your license as to where you can work but you have to have a supervisor fill out that form every 3 months. You have to let them know immediately if you quit your nursing job and when/where you start working again. This is only for nursing jobs, if you're not using your license, you just send in a report every 3 months that says you're not working as a nurse. If you aren't working as a nurse, probation may be a bit longer. They're super intense about *** being done right and in on time!!
In Michigan, all disciplinary actions stay on your license forever. So ten years from now when someone looks up my license, it will show that I was on probation from 2024 to 2026. They also have public DAE reports that detail what they gave you the discipline for. In my case, it was incompetence.
The health professionals program contract I did was "voluntary." As in, the board of nursing referred me and if I didn't do all the things they said, my license would get suspended until I did. But it wasn't a condition of my probation at all. Yes I got a very good deal, it was just one year. Very expensive! Usually those contracts start at 3 years. I know people who have spent tens of thousands of dollars going through a 3 year program. That contract will limit where you can work, what shift, contact your employer and make you check every day for random urine, blood or hair drug testing for the entire 3 years. No alcohol or any kind of substances, even prescribed, for 3 years.
If you do get referred to one of these programs, do not ignore it. That will look horrible to the BON, I promise. Just call them, go through their intake process and see what happens. If you get a contract that sucks but just suck it up and do it.
Hope this helps. If you want to message me privately I can give you tips and things my attorney told or did for me that were helpful.
I would definitely like to message you about this but it says I'm unable too. My email is [email protected]
I know this is a bit late ... but I'm going through the same thing here in MI. Can I email you a few questions regarding your lawyer. Please let me know
NurseMarplay
12 Posts
Oh wow. Well, I just got sick to my stomach.
I'm assuming by what you've told me, the BON wasn't able to prove it because 1.your job denied for you to get a drug test after you offered to do & 2. Because you went and did one on your own, that help to prove your innocence.
You definitely were on top of it on the day you were termed.
When you had the interview with the psychiatrist and they deemed that you did not have a substance abuse disorder, do you think their expert opinion on you weighed heavy in favor of you?
Our cases are very similar besides the fact that I was asked to do a urine drug test & I went ahead of gave a sample that I knew would be unfortunately positive for oxy, from which I took the night before because my cramps were super intense.
I've come to accept the fact that I know my case will end in disciplinary action. It's inevitable at this point. But what I need to make happen is to keep my license at least active in order to have steady work based income.
You were offered a sweet deal in my opinion!
I'm not sure if you would know, but when the nurse is placed on probation , do all disciplinary actions of being placed on probation mean that you'll keep
Your license & be able to work through out the probationary period. Or are there some nurses that were mandated to be on probation, and their nursing license had to be suspended for the probationary time period?