Need advice on how to go about this!!

[cna2lpn80]

Okay so i have graduated nursing school, and will be taking nclex within the next few weeks, and i currently have a job at a nursing home, where i am a cna, and when i do become licensed i will have a probationary license for six months, with supervisory reports.

(i got into trouble 8 yrs. Ago, and have a misdemeanor, only trouble i have been in).

My dilemma is i want to stay where i am at and work there as a nurse, but dont know how to go about approaching human resources, or the don about my probationary license.

When i filled out the application for the cna job early 2007, it only asked about felonies, so i of course checked no, so honestly i am not sure if they are even aware of my background relating to this charge.

I get along with everyone, never had any problems, only with attendance, which is now corrected, next month it will be a year since i have had any call off's.

I would think that nursing homes do background checks at least annually on their employee's but not sure.

I had someone call my job and ask the hr manager if they even hire nurses with a probationary license, and she said it just depends, on what it's for and the duration of the probation.

I wanted to know if i even had a chance before i go talk to anyone.

But i am so scared to approach anyone with this.

Any advice would be appreciated!!!

Anyone go thru something similar?

I am in indiana, if that matters.

[banannabag]

I'm not sure what you are on probation for since you do not specify but if you have been working for this company for a while then they know your work ethic and if you are in good standing with your evaluations then i would not worry. I would think that HR would rather hire someone they know (even with a probationary license) then someone they do not know. Also 6mos is hardly anytime at all Most of us have 3 year probations. So i would not over worry this situation. I would pray about it and keep it honest but only divulge what you absolutely have to about whatever the situation was that got you into trouble in the first place. Also tell only those who need to know.

[jackstem]

Contact the American Association of Nurse Attorneys to find a license defense attorney in your state for a consultation on how to approach your situation.

I'm a recovering CRNA who no longer practices as a result of my chemical dependence which began in 1990. Today, I'm a state peer advisor and chair of the peer assistance committee for the state association for CRNAs. I also consult with a license defense attorney who is also a registered nurse. One of the things I've noticed in the 5 years I've been the peer advisor is the overwhelming reluctance on the part of nurses to consult with or retain the services of an attorney when a complaint has been filed against them or they have been reported to the BON for diverting controlled substances an working while impaired. I'm not sure why this is so, but it is.

Yes, attorney representation isn't cheap. But trying to represent yourself before a licensing board can have significant, long lasting, possibly permanent consequences that can hinder your ability to practice, or even make it impossible to take the NCLEX exam. Regardless of how "unfair" this is, it is the reality nurses face. Boards of nursing are designed to protect the public from unsafe practitioners. A board of nursing investigation and hearing is an adversarial process. They have attorneys (usually provided by the state attorney general) who advise them on the laws involved with a specific complaint. Trying to defend yourself without an attorney makes no more sense in these situations than it does to face criminal charges or civil law suits without an attorney. A large percentage of the nurses who retain an attorney wait until they receive a consent agreement in the mail. They have already spoken with board investigators and provided written statements to the board. At this point it's very difficult for an attorney to improve the outcome.

As an example, a nurse who was on the faculty of two nursing programs also worked part time for an agency. There was a medication error made resulting in the nurse's termination. They also said they were going to report her to the BON. She decided to send a letter to the board explaining her side of the story. She wanted to get her statement on the record before she was reported. The employer didn't report her, but the BON began an investigation based on her letter. In other words, she self reported and ended up with disciplinary action.

Had she contacted an attorney, it's unlikely she would have sent the letter and nothing more would have happened.

Facing an investigation is an extremely stressful ordeal. How in the world can you remain objective? Ignorance of the law defining the scope of practice for nurses in the state where they practice is not a viable defense! If I want to save my ability to continue to practice my profession there is no way I'm going to rely on my knowledge of the law. I'm going to hire someone who practices administrative law with experience before the board of nursing.

As a peer advisor, the first question I ask every CRNA or SRNA who contacts me is do you have an attorney? If not, GET ONE NOW! Do not try to do this alone.

As they say on "Law and Order", You have the right to remain silent. Anything you say WILL BE USED AGAINST YOU! You have the right to an attorney (if you can't afford one BORROW THE MONEY! Only those facing criminal charges will have an attorney appointed). Also, anything you tell the BON may be passed on to law enforcement.

An administrative law attorney will be able to advise you on how to approach this situation, including how to answer questions on job applications and license renewal applications. Making an "innocent" mistake may harm your ability to practice.

Hang in there! You can get through this, but it's going to be challenging.

Keep us posted on your progress.

Jack