Need encouragement friends! Tough day.

Nurses Recovery

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Hello Friends:

Love this board. OK. My situation: Got arrested in 10/31/13 for DUI 0.13 bac while on-call. Did not see a patient nor perform patient care. No conviction of a DUI ...was 100% dismissed on 10/31/2014 under Oregon's first offender program. My journey is like yours: I got fired immediately, lost my health benefits, had to wait months for the board to meet to get my stips, when I did get them I could not find a job, I subsequently became homeless and lost everything I owned including my car and beloved pets (the low point was spending 2 weeks sleeping in the bushes behind a church). I applied for Medicaid and food stamps for the first time in my life and was grateful for it. I finally got a job at a bad nursing home (I worked overtime, bathed in MickeyD's bathroom sink, then rented a room and bought a $750.00 car I kept together with duct tape and then slept in for a month)...and from there I got a better job and then a better one. I now have a good job, a lovely apartment, a new tiny car completely paid for and my beloved pets back. I have 5 months to go on a 24 month probation period here in OR (YAAAAAAAAHHH!). I have a great job and I am very grateful for it.

Sooooooooo, I practiced successfully in CA for 8 years previously. My CA license had expired and I was busy working and working off my probation here in OR...basically surviving and struggling to gain some stability again. One and a half years (mark 1 1\2 years!!!) after the arrest I received an "accusation" from the BRN in CA. I never felt the need to have an attorney. OR had been very fair with me previously.

Well, I was told that i must answer the accusation even though my CA license was expired and i had no intention of renewing it or relocating there. I was told that i had no choice and that i had to answer the accusation against me. I spent 4 months gathering "mitigating evidence" that CA wanted. Today I got word that CA can not give me any credit for probation successfully served here in OR. I was "awarded" ...lol...what an oxymoron) 3 years of stipulated practice in CA with rougher stips than I have here in my home state. Plus I received a $3900.00 bill from the ststed of CA for "administrative fees" that the state spent researching my case.

I ask you to chime in and honestly respond if you feel that a total of 5 years of probational practice between 2 states and approximately 75K in OSBN, CA BRN, court fees, evaluation fees and lost wages is a just punishment for my crime? NOT TO MENTION THE PAIN AND SUFFERING!!!!

I immediately let them know that I:

1. Want to surrender my CA license immediately,

2. Want the address where I can send my $3900.00 check today.

I signed the email: Sincerely, Xxxxx. Xxxxxxx, RN

My thoughts: They can't humiliate me. I am not a criminal. I am an RN and my probation monitor here said nothing will affect the fact that in 5 months I will have a 100% free&clear license here in OR. So sad too bad CA will have one less excellent nurse working there. Hey, here's $3900.00 to pay you back for the 7 months I collected state disability in CA when I fell in a pool of patient urine at 0400 one morning and tore my miniscus and workman's comp wouldn't cover me.....hey don't spend it all in one place! I immediately changed my vay cay plans for next week down in CA as I choose to work to help cover the unexpected bill...my wonderful manager found some extra shifts for me and immediately put me on the schedule...how fortunate am I?...hey...I will do a little stay cay and play here������.

For those who say I shoulda coulda hired an attorney: One would have cost me $7500+ and she stated, "I can probably get you 1 year probation instead of 3," plus I would have had the (bs) administrative bill described above. No. I am at peace with my decision.

So, my friends, I am soooooooo good. We must remember that we are branded criminals for life. They want us to scuttle away with our tails between our legs humiliated forever (AND ruined financially forever). I have made a mistake. I violated the nurse practice act. I drank 3 glasses of wine while on-call. I paid my dues. But lay down and die.....eff yoo! !!!!!!!!!!!!

Gotta go now friends...my break is over at my wonderful job in PACU where I make $44.00 per hour and I am happy and well respected by my fellow co-workers and managers.

We adjust, accept and move on. We are risilient, grateful and happy to have jobs. We are great employees. WE ARE SURVIVORS! (and when this hell is over we can appropriately and professionally fight for change in this corrupt and toxic system falsly touted to assist nurses recover and to protect the public).

Signed, paidmydues

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Gawd, how horrible!! I cant even imagine surviving all of that! I hope and pray I dont end up in the same situation. ... and I did much worse. I wouldnt pay california a dime. Screw them. How did they even find out?! I'd say come get it A&&holes. IT will drop off your credit in 7 years. We get treated worse than some murderers!

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Thnx stillrn...they find out because NURSYS will always forever list any type of disciplinary action on any nursing license anywhere. I am good with that, but beware if one ever has an inactive or expired license in another state when they get into trouble with your present board.....they will come after you for money and toil and trouble and woe.

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Specializes in Urology, HH, med/Surg.

I'm confused-

- the DUI that ended up being dismissed was in Oregon? Where you were practicing?

- you hadn't practiced in CA in 8yrs & had let your license there lapse?

If the above facts are correct, where does CA get off charging you ANY money for an investigation? If you don't plan on practicing there, what does it matter what their stips are??

How long ago was the 'incident' that CA is punishing you for? There are statute of limitations for crimes/legal issues- are there not for things like this?

Sorry so many questions, it just seems ridiculous on their part...

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Thank you margin261:

-yes, the DUI was 100% dismissed in OR without conviction under a first offender diversion program. It has been dismissed since 10/31/2014. I was practicing in OR at the time of the arrest and still am.

-I had successfully worked in CA as an RN 2005-2013 , then moved to OR. My CA license expired Nov. 2013, just as I was dealing with the trauma of my arrest and it's consequences so I did not renew.

-SO, here's the deal: since I posted my cathartic post above, CA sent me my "Surrender of Licensure" to sign. I cannot re-apply for licensure for 3 years AND when I do I will then owe the $3900.00. I immediately surrendered and cancelled the bank check.

Needless to say, I don't want to go back to CA anytime soon. Or ever.

Yes...they will come after you if you have EVER have held a license in another state. Corrupt and toxic. Yea buddy, better go after horrible criminals like me!!! Easy marks. Protecting the public. Like I said above, kinda overkill since while all this drama was going on I was recovering 10 pts. in PACU today. My probation monitor here in OR even offered to coordinate with CA so that I might get credit for time served or she offered to allow me to dually finish my 5 remaining months in OR if I wanted to transfer my probation down to CA. OR has been very fair with me.

If, after my probation is over here in OR, I choose to apply in WA or HI, I may choose to retain legal assistance. Until that time I am grateful to be successfully finishing my probation here.....could be worse....I could be in CA.

Peace....paidmydues (and some states want you to pay and pay and pay and pay till there is nothing left of you)

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Specializes in Urology, HH, med/Surg.

Ok- so CA is using the Oregon DUI to punish you? (Or was there an incident in CA?)

One of the questions I'd had earlier was about CA requiring you to pay now...I could understand if you'd applied for reinstatement, but just out of no where??

And if you do end up needing to pay the $3900, ask for an itemized bill for their 'investigation'

If what they did was a routine search of current/old CA lic holders through NURSYS & your DUI thing came up, I don't see how that would cost that much.

-And they weren't searching to make you active

- makes me wonder if this isn't some kind of scam to get money for them?

Ok, so how I read your response to me was that you're doing great in your program in OR. And don't have to worry about CA at all unless you decide you want to practice there? If that's correct, carry on doing your good in OR & pretend CA doesn't even exist!!

Good luck!!

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Specializes in Infusion Nursing, Home Health Infusion.

Yes, you have been through a lot and survived and that take courage! I still do not understand...Was the issue that Califonia investigated a separate issue? My guess is that it is because of the amount of money they are requesting from you because the DOJ does the investigation and then they recover the fees from the nurse. If it is the DUI in Oregon then I believe that is very unfair!

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Thank you all for your kind words! Iluvivt...no there was no seperate infraction of the law ever in CA or anywhere. Just a charge for a DUI in OR where there was NEVER a conviction. It was dismissed last year under the first offender program. Three glasses of wine on-call, never saw a patient nor performed patient care. I am getting from the responses that people cannot believe I am 5 months away from a free&clear unencumbered license here in OR and CA wants to slap me with 3 more years of probation. That would have totalled 5 years! True and so overkill and so punishing.

...butI accept and move on.

I am surrendering my CA license so fast! Screw em!!!! The $3900.00 "administrative fee" would only be due if, in 3 years, I choose to reactivate my license. Again, no thanks. Hey, margin261, I love your suggestion to send the State of CA a request for itemization of that bill......probably a couple of $200.00 paperclips used!!!

Yes, I am blessed to have a good job and am counting down the months here in OR.

PLAN: Finish my probation here, get my free&clear license, then regroup. Maybe Hawaii, but I think by that time I may be done with nursing. I have a secret dream of becoming a men's barber! My last career!

So, BEWARE OF CA. Thanks and Peace...

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I have gone through similar experience. I am from california, was in there confidential diversion program. We had sold our house in california and was in the process of moving to florida when this all happened.

When I told california I was going to florida they initially made it sound like I could just enter into florida program to complete my requirements.

Bottom line. California is one state that does not give you credit for time served. I am in a 4th year of a 5 year program with drug testing at least 2 times a month in Florida.

If I want to move back to Cali I would have to enter into there probation program 3 years, and they always have huge fees for investigation. I was told that I had to surrender my license

You don't have to pay until you complete the probation program in Cali. You can ask to reduce the fees. They almost always will.

I found out know I could of kept my license and they would toll the time. Meaning if I want to come back to Cali, I would have to complete the 3 years and pay the fees to complete the program.

Each state is different. You don't have to have a crime to be placed into a monitoring program. Any history of depression psych and or been investigated in another state. (even if the case was closed)

For Cali to be notified that you were in another program, OR must of reported you to NURSYS

It sucks.

gabby

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Oh gabby thank you for the great support...yes sounds like we have had.very similar situations. I for one have no desire to return to CA and incur great expense and 3 more years of probation. I feel good about surrendering my CA license. 2 years here in OR was enough. Sometimes I just feel like screaming, "I AM NOT A CRIMINAL!" I feel like, when this is over, joining the fight for change in the BON systems that seem corrupt, arbitrary and punative might be a noble thing.......but I have very little fight left in me. Now, my goal is to save up money...then who knows...maybe that last career as a men's barber in Hawaii. Had a hell is shift on med-surg last night; nursing sucks......but not having a job sucks more. (((((HUGS)))))

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

Substance abuse and mental illness are not crimes. Be glad you don't have to deal with that end of things.

They will treat you like that, but it's what you tell yourself that matters.

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Specializes in Psych, Addictions, SOL (Student of Life).
Substance abuse and mental illness are not crimes. Be glad you don't have to deal with that end of things.

They will treat you like that, but it's what you tell yourself that matters.

Not to split hairs but while substance abuse and mental illness may not be crimes so of the things we do while in the grips of the disease are criminal acts. Today when I fill out a job application and come to that question have you ever been "CONVICTED" of a crime I can honestly answer no, but convicted and committed are two different things - every time I got behind the wheel of a car after drinking or using I was by definition committing a criminal act and therefor a criminal. OP it sucks that California is treating you this way. My monitoring program in the Golden State was 5 years long! Still as another has stated OR must have reported you to NURSYS - you might also want to check if you have been reported to OIG exclusion list as that could eventually effect your practice in Oregon.

BTY

Congrats on your continued sobriety and happy health life. Don't pay California a time but do check your credit profile from time o time to make sure they don't try to stick it on your profile.

Hppy

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