Non nursing jobs during monitoring

Athenaray · May 10

States are different and each case is different. Most states, not all, but most will require to work as a nurse for 3 years out of those 5 years and most don't require fulltime, but most require 24 hours weekly to count toward the 3 years of credit during the 5 years. There are some states that do not require working, but those are not as common. Additionally, the overwhelming majority of states require the nurse to work 3 out of the 5 years IF the nurse diverted at work. There are only a couple of left that don't require it.

As for not working for 5 years and completing the program, understand you run into licensing issues when you return at the 5 year mark. Without 5 years of nursing, you will be required to do a re-entry/retraining/clinical type scenario before working to keep your RN license active and that is something that could be up to 12 weeks or 3 months depending on the state and they are expensive.

Understand that for states that require working for 3 out of the 5 years (which is the majority of states) that requirement doesn't always come from the BON. It sometimes comes from the monitoring program itself. You will hear many nurses say, "my consent order doesn't say I have to work 3 out of 5 years." This is true, but if you look at the monitoring programs requirements, the monitoring program will require 3 out of the 5 years working in order to complete your monitoring agreement which goes along with drug testing, meetings, etc.

As for finding a job, it is absolutely not "nearly impossible" to find a job while under consent order and stipulations. It is absolutely Hard, and one may argue very hard, but it's doable and nurses find them, otherwise there wouldn't be any nurses in the nursing field in practice today with a substance abuse history.

When you apply, look first to Dialysis, local community health clinics as a check in nurse that cater to the poor and/or underserved, and mentsl health hospitals. You need to place 25 applications when you start looking for a job. Don't place 1 or 2 or 3 and waite for a response. Apply to 25 places. Saturate the market and 20 of those 25 places needs to be in an area you don't live in. For example, you stated you live in VA. If you for example live In the Richmond area. Apply for 5 or 10 in Richmond, then 3 or 4 in Hampton Roads, 3 or 4 in Northern VA, 3 or 4 out west in Appalachia where drug and substance use is a severe problem and because of that, employers are Far More understanding of nurses in recovery.

Understand that many nurses who get that first job back in recovery to re enter nursing Often don't get that job in the town, city, or area they reside. Many have to move to another part of their state. Understand that after you have worked for 1 year, stipulations generally decrease from the BON, and equally important, more employers are more likely to hire you as you have proven one year of sobriety and worked a year with no issues, and it's easier to get back home.

Nursrcy00901 · May 17

My program requires me to work 2 years as a nurse minimum of 20 hours per week with 3 years to complete the monitoring

Invincible summer · May 20

My contract stated I had to work as a nurse for a minimum of one year under monitoring to complete. I also worked in a non nursing job in tissue donation/recovery. They love healthcare adjacent people and you do not need a nursing license to do it.

RNemj · Jun 17

So, I'm not sure how to approach this. I was referred to nurse monitoring program and have not signed an agreement- I'm in limbo. They said not to practice direct patient care until I see my neurologist (who has pushed back my appointment 4 months). I was cleared to return to work after my most recent hospitalization by my PCP.

Anyways, I am speaking to someone about an office/medical assistant job tomorrow. It is scheduling, insurance approval. The back end stuff would be rooming patients, vital signs, setting up for the doctor's procedures. MA do not need licensure in my state.

Do I need to report this to the monitoring program? Do they have a right to make restrictions surrounding a non-licensed position? I feel like it is legally an overreach for them because let's say I gave up my nursing license- what would prevent me from working as an MA?

My monitoring has nothing to do with anything happening at work or to patients - it's the "potential to cause harm" they are trying to pull. Taking vital signs could cause harm?

RNigothis · Jun 18

RNemj said:

So, I'm not sure how to approach this. I was referred to nurse monitoring program and have not signed an agreement- I'm in limbo. They said not to practice direct patient care until I see my neurologist (who has pushed back my appointment 4 months). I was cleared to return to work after my most recent hospitalization by my PCP.

Anyways, I am speaking to someone about an office/medical assistant job tomorrow. It is scheduling, insurance approval. The back end stuff would be rooming patients, vital signs, setting up for the doctor's procedures. MA do not need licensure in my state.

Do I need to report this to the monitoring program? Do they have a right to make restrictions surrounding a non-licensed position? I feel like it is legally an overreach for them because let's say I gave up my nursing license- what would prevent me from working as an MA?

My monitoring has nothing to do with anything happening at work or to patients - it's the "potential to cause harm" they are trying to pull. Taking vital signs could cause harm?

They normally only restrict you from working in roles that require your nursing license. If you're working in a non-nursing position like a medical assistant or tech, you can usually take that job without it being considered "practicing" as a nurse.

That said, you still need to disclose any job you take, even if it doesn't involve nursing duties. This is something my case manager in Connecticut explained when I was going through a similar process. I know it feels like an overreach, especially when the job doesn't require a license, but I've learned it's less about the job duties and more about keeping them informed for logistical reasons.

For example, if you're selected for a random drug test and you can't make it because you're working, it's better that they already know your schedule and job site. It avoids misunderstandings or the appearance of noncompliance.

So while the monitoring program can't legally block you from working as a medical assistant, it's still smart to be transparent and keep them in the loop, especially if you're hoping to stay in good standing.

RNemj · Jun 18

RNigothis said:

They normally only restrict you from working in roles that require your nursing license. If you're working in a non-nursing position like a medical assistant or tech, you can usually take that job without it being considered "practicing" as a nurse.

That said, you still need to disclose any job you take, even if it doesn't involve nursing duties. This is something my case manager in Connecticut explained when I was going through a similar process. I know it feels like an overreach, especially when the job doesn't require a license, but I've learned it's less about the job duties and more about keeping them informed for logistical reasons.

For example, if you're selected for a random drug test and you can't make it because you're working, it's better that they already know your schedule and job site. It avoids misunderstandings or the appearance of noncompliance.

So while the monitoring program can't legally block you from working as a medical assistant, it's still smart to be transparent and keep them in the loop, especially if you're hoping to stay in good standing.

So I did go ahead and disclose- for these logistical reasons - and they are trying to argue because it is around patients I may still need a practice liaison.

I politely emailed back reiterating there is no licensure or certification required for this position and I will not be performing any nursing tasks and that I feel this is now an overreach on their part.

I did make a complaint to DPH on Monday evening about their lack of transparency, fees, and questionable practices regarding referrals and received a call from the HAVEN lawyer today essentially using scare tactics on me, so I'm sure that is playing into this as well 🤷‍♀️.

RNigothis · Jun 18

RNemj said:

So I did go ahead and disclose- for these logistical reasons - and they are trying to argue because it is around patients I may still need a practice liaison.

I politely emailed back reiterating there is no licensure or certification required for this position and I will not be performing any nursing tasks and that I feel this is now an overreach on their part.

I did make a complaint to DPH on Monday evening about their lack of transparency, fees, and questionable practices regarding referrals and received a call from the HAVEN lawyer today essentially using scare tactics on me, so I'm sure that is playing into this as well 🤷‍♀️.

Wow, this is terrible—and definitely not what I was told. If the issue is supposedly about being "unfit to practice,” didn't you say your provider already cleared you to return to work? That completely contradicts their current stance.

What's even crazier is that the case manager told me directly that they don't restrict you from working in roles that don't require a nursing license. So now they're going back on that?

It sounds like they're twisting things, and that scare tactic from the lawyer just makes it all feel even more off. Honestly, what you're dealing with sounds like a huge overreach.

What's your next move? Are you thinking of pushing this further legally, or are you still waiting to see what DPH says?

RNemj · Jun 18

RNigothis said:

Wow, this is terrible—and definitely not what I was told. If the issue is supposedly about being "unfit to practice,” didn't you say your provider already cleared you to return to work? That completely contradicts their current stance.

What's even crazier is that the case manager told me directly that they don't restrict you from working in roles that don't require a nursing license. So now they're going back on that?

It sounds like they're twisting things, and that scare tactic from the lawyer just makes it all feel even more off. Honestly, what you're dealing with sounds like a huge overreach.

What's your next move? Are you thinking of pushing this further legally, or are you still waiting to see what DPH says?

Thank you for letting me know that you were explicitly told they won't restrict you from non-nursing license roles. When I was speaking to my personal there about a job educating CNA students (which does require a nursing license), she specifically said anything requiring a nursing license will need a liaison- okay great, this does not need a license. Medical assistants aren't even regulated in CT.

I'm not sure next steps. Clearly this system is corrupt. DPH didn't even respond to my complaint - just forwarded my complaint and info to HAVEN. There's a major overlap between DPH and HAVEN when you start to look into it.

The attorney offered me a meeting with HAVEN director to discuss my concerns with the program as well as a supposed confidential meeting with the DPH liaison to discuss what they're recommendations would be if I don't participate in HAVEN.

The attorney told me on the phone this morning she is concerned we cannot have a collaborative relationship moving forward- because I voiced my concerns to dph! Meanwhile I was told Monday morning - after being given a grant by HAVEN- thank you for being compliant with everything we have asked of you.

So yeah, unfortunately I think I do have to move forward legally because I can't stand by and watch ethical and moral corruption play out. I may lose my nursing license, but at least I know what side I stood on.

I sit down with my attorney on Monday to discuss next steps.

SheelaDavis · Jun 20

Case Managers in Monitoring Programs are NOT the BON. Do not believe a case managers words on the phone when the question crosses into roles, working, what's considered nursing, not nursing, how many years a person must work and if they have to work as a nurse while in monitoring, etc. Those are all BON questions, not case manager/monitoring program questions. Even though sometimes a recovering/Monitoring program case manager may sound "sure," or "authoritative" with an answer to a question, it holds ZERO weight if the question is one that is more directed for the BON.

The monitoring programs have the answers to questions about drug testing, how often, meetings required, can you take this or can you take that, etc. But, when you get inro areas that are on your BON consent order, those questions should be to the BON. An answer from a monitoring program case manager can give someone a false sense or elevated sense of security and many of them will speak on things that they shouldn't be speaking on, only for the BON to have an entirely different answer and the nurse gets hurt because of the case manager.