Any actual success with attorney?

  1. I had posted previously about self-disclosing to the BON (like an idiot) while applying for licensure. Got application withdrew so I could focus on school and not have to take on financial hardship. Figured out can't bridge without license.

    Called a BON investigator (the only one that was slightly informative and got my application withdrew). He informs me that I would have to complete an evaluation (period. If wanting a license). I call the two board approved places. No payment options, and 2800 dollars. And wth is a 5 day evaluation anyway? I have a kid! Is this some in patient crap they are talking about? He also informed me that typically VDAP is a one time offer (what?). So, I didn't jump on that train it's gone now?

    I guess my question is. Has anyone (I dont care what state you are in, i personally am in Alabama) had any success in getting stipulations/consent order lessened with an attorney? Because now, I have been dealt too much different information.... and too little information from this Board.

    I was tired of sitting still, stuck after making so much progress and working so hard. And I was just going to let them stick it to me. Because always that way I do what they want, and I GET TO BE a nurse.

    That "non-optional" 2800 dollar hit me though. And now I wonder if a lawyer could actually make any difference. So I'd have to have atleast 5 grand for a lawyer. On top of a back up 2800 for evaluation in case I couldn't get out of that and 1000 for monitoring.

    Any one had any luck with a lawyer getting this one size fits all into something lessened?

    Yours truely,
    Hopeless and Stupid in Alabama
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    About nurse_girlie

    Joined: Jan '18; Posts: 28; Likes: 64

    16 Comments

  3. by   catsmeow1972
    I do think that a lawyer would do you good for a couple of reasons.
    1. In my case, the "5 day evaluation" was the lie I was told that I needed a "3-5 day neuropsychiatric evaluation" (of course only to be done by thier "approved evaluators") ostensibly to further evaluate my psych issues. I did not figure out until later that what I had been duped into was the first week of the same "individualized" treatment program they shove everyone through. I did think it was a bit weird that an evaluation involved taking away my phone and car keys and dragging me to AA meetings. But hey, I generally follow directions, only this time those directions led me right off a cliff.....
    2. Given that it is simply semantics. If you'd graduated and applied a single term later, we would not be here having this conversation. I should think that an attorney having direct contact with the board via a letter or phone call or two could solve the problem.
    3. If Alabama outsources thier evaluations to a few ‘approved' ones and forces you to go to just them, which for $2800 sounds like they do, you can bet your sweet bippy that there ain't nothing impartial about them.
    4. Nobody is giving you straight answers. I've said it in other threads. These programs and the BONs frequently need a gentle push to do the right thing. Sometimes that push needs to be shaped like an attorney. They will usually listen to a lawyer more than they will listen to us. It is sad and it shouldn't be that way but it's true.
  4. by   nurse_girlie
    Thank you for your input. So, I would be knowingly running the risk of losing alot of money on a lawyer and the BON still sticking me in you-know-where.

    The evaluation that you attended...i am guessing is what they are saying I would be required to do. You say they took your phone and keys? So, this was an in-patient stay, basically? This really is infuriating. "Sorry, mommy has to go stay in a treatment program for five days".

    Can you tell me anymore about your experience?
  5. by   Randomnurse3
    Yes a lawyer could help and I bet if you look around you could find one to help you for way less than $5000.
  6. by   hppygr8ful
    Quote from Randomnurse3
    Yes a lawyer could help and I bet if you look around you could find one to help you for way less than $5000.
    TAANA Executive Office - Home check out this link It is referral for Nurse attorneys
  7. by   Lisacar130
    I'm from a different state but I haven't heard of anyone getting out of an evaluation. I wonder if your lawyer could make them let you go to a psychiatrist of your choosing instead of theirs.

    I would call a nurse lawyer and ask them what they think they CAN do for you... if they would give you a free consultation.

    Weren't you close to the 5 year mark? I don't know if that matters... if you could just wait for the 5 year period to be over and then apply for your LPN. Doesn't the question simply ask if you've had treatment in the past 5 years? Bring that up to your lawyer as well.
  8. by   catsmeow1972
    Quote from nurse_girlie
    Thank you for your input. So, I would be knowingly running the risk of losing alot of money on a lawyer and the BON still sticking me in you-know-where.

    The evaluation that you attended...i am guessing is what they are saying I would be required to do. You say they took your phone and keys? So, this was an in-patient stay, basically? This really is infuriating. "Sorry, mommy has to go stay in a treatment program for five days".

    Can you tell me anymore about your experience?
    The twitch with the "3-5 day evaluation" being a lie and it turning out to be merely the first week of the standard 90 day inpatient program that they "recommend" (aka grab everyone's license by the you know what's and force them through if they want to keep it) is that they got me there and by the end of the 5 days, they had illegally, violating HIPPA, spoken with my family, scoped out the availability of $$$ and "recommended" the full on "deluxe" package of treatment, necessary to begin immediately for my own safety, BS. Family, only wanting what was best for me, fell for it hook line and sinker. Nothing against my folks. They are very supportive of me. We were all on foreign territory here and did not realize until it was too late that we were all being scammed mightily. Those crooks leveraged my needs against the opportunity to make money. Also looking back, when they dropped this bomb on me I stated I ought to go home and pack some stuff and I had a couple of personal appts (doctor, etc.) to tend to before I could tuck myself away for 3 months, they were ‘oh no, no, no, we don't recommend that, we think you should stay. What, did they think, a cash cow was getting out of the gate? These people seem to "recommend" a lot, don't they?
    I went for that so called evaluation packing only for 5 days worth of underwear and a toothbrush. Certainly not for 3 months.
    Now granted, this experience, I would hope is the worst of what could happen with this sort of thing, but after more than 4 years of dealing with this insanity, nothing shocks me anymore. It's all corrupt as ****.
    I'm with everyone who has commented thus far. I think you need a lawyer. I think TAANA can help you find a decent one for at least a free consult and if you choose to retain, for less than $5000. I also think said lawyer should ought to be able to lobby the BON to accept a truly impartial evaluation from another psychiatrist, perhaps one covered by your insurance or does not cost an arm and a leg.
  9. by   Stepper
    I am familiar with Alabama's VDAP. I agree in free consultation and asking how they can help before you pay the attorney money. I think it is unlikely you would not have to compete the evaluation. There was a nurse and physician that were "evaluated" and treatment not recommended (cleared for continued licensure). I was evaluated at Bradford and I was in active alcoholism. You an expect extensive drug testing- urine, blood and hair (or nail). For you, this would be a good thing as they would not find any evidence of substance abuse. You will be administered an I.Q. test, cognitive testing and personality testing. This tests are performed to determine if substance abuse has interfered with your thought process/attention span ect. My testing did demonstrate alcohol was effecting my problem solving and thinking. You will be in good shape since you will be clear headed sober/clean prior to your evaluation. After all evaluations complete, you will meet with the following individuals to review results and recommendations. The board of nursing will require you to comply with the recommendations in order to be licensed. However, it is possible that you do not receive inpatient or outpatient treatment. I would provide any formal documentation you have of sobriety over a course of time (drug tests) and what you are doing to maintain sobriety. I hope this helps.
  10. by   Stepper
    I am familiar with Alabama's VDAP. I agree in free consultation and asking how they can help before you pay the attorney money. I think it is unlikely you would not have to compete the evaluation. While I was in treatment, here was a nurse and physician that were "evaluated" and treatment not recommended (cleared for continued licensure). I was evaluated at Bradford and I was in active alcoholism. You an expect extensive drug testing- urine, blood and hair (or nail). For you, this would be a good thing as they would not find any evidence of substance abuse. You will be administered an I.Q. test, cognitive testing and personality testing. This tests are performed to determine if substance abuse has interfered with your thought process/attention span ect. My testing did demonstrate alcohol was effecting my problem solving and thinking. You will be in good shape since you will be clear headed sober/clean prior to your evaluation. After all evaluations complete, you will meet with the medical director and nurse advocate to review the results and recommendations. The board of nursing will require you to comply with the recommendations in order to be licensed. However, it is possible that you do not receive inpatient or outpatient treatment. I would provide any formal documentation you have of sobriety over a course of time (drug tests) and what you are doing to maintain sobriety. I hope this helps.
  11. by   Stepper
    One other thought. When you are not being evaluated, you will join the women in ECP (Extensive Care Program). This could include group therapy, Big Book study, lecture, onsite recovery meetings. Essentially, you will participate in the groups programming. During my stay, we were very welcoming to the individuals joining group for evaluation.
  12. by   catsmeow1972
    The way Stepper explains it, it sounds like such a set up could be done ethically and appropriately. There is certainly a place for such a multi day evaluation to be done. There's nothing wrong with having you join the ECP women when not in evaluation. What the heck else are you gonna do, after all. When I was in that position, the other women were telling me ‘your not leaving, nobody leaves in a week.' I didn't believe them. Guess they showed me.
    My state however is corrupt to the very core. It has been stated in other threads to NOT submit to any evaluation of any kind here unless you either have a lawyer or are into self immolation, because there is no way, no how, that you are getting through that without being forced into some kind of farcical treatment that you don't need or unnecessary contract that will only serve to destroy your career.
  13. by   nurse_girlie
    Thank you all. I have also found alot of people talking about their experiences on an Indeed forum. I have still not found anyone with an experience in facing the board with an attorney at their side. I'm officially freaking out, because now I am afraid I will have to complete some sort of treatment that I do not need, and cannot afford. Just because they can do that to me and it feeds the machine. I am really feeling hopeless. My daughter was my motivation all the way through the program. Now i look at her and it breaks my heart. I'm scared I'll never be able to provide for her and will always be nothing more than a waitress. (I'm not dissing servers. It's just I wanted to be able to provide my daughter with stability, a better life, insurance, not have to depend on anyone else for anything , and demonstrate to her that with hard work she can do absolutely anything).
  14. by   SpankedInPittsburgh
    Reading some of these posts made me think of how these programs could actually do some good and probably operate as intended. It seems to me that the cornerstone of any therapeutic relationship is trust and feeling safe in opening up. If a nurse with addiction issues could be referred to an appropriate professional and could undergo confidential treatment with a treatment plan tailored to their needs I think some good could be done. I think that fact that so many are stuck in a one sized fits all program predicated on punishment destroys just about any chance of an actual therapeutic relationship occurring and thus any real treatment taking place. I don't trust the process or the players in it so I haven't bought into anything. I think this is a shame as we spend so much time in these programs. They act much like a prison sentence whereas those sentenced simply do what they have to in order to get through the sentence and very little is done to change any thinking or behaviors.

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