Nursing Grad dealing with the BON

Published

After searching for weeks for information online I have decided to create a post here in case someone else is in a similar situation, or finds themselves in one. I graduated from my LPN program and applied to the BON and paid all my dues to them and NCLEX as well. In answering regulatory questions, I answered yes to a history of alcohol/substance abuse. I wanted to be honest and transparent. After all, I do possess that "good moral character" that they claim to be looking for! I can't say this enough, I regret it. In hindsight, would the Board really of had a way of knowing that I was an alcoholic for several years? I decided better safe than sorry, after all with technology the way that it is, I didn't know if for instance they would know about a voluntary detox that was from just a wee over five years ago. They informed me (on live chat, because I asked) to send in a letter of explanation, any criminal charges/court documents/dui's, treatment completion information, etc etc). I told the lady none of this applied to me. I never got into any legal trouble during my battle with alcohol and there was only a voluntary detox from some years ago (I had to go get these records to find they were literally two months past being over fiver years! ugh). So, I sent in the record that shows admit/discharge dates, and a letter explaining that I have been completely sober for going on three years now. I am now a single mom, I do well in school, president of the honor society, and already in pursuit of my ADN. Naively, I believe that they are over there looking at my transcripts with my GPA and my letter of explanation, and spotless background check and going, "alright, get that ATT to her. nothing to see here." (I mean not really, but you know)

A couple of weeks later I receive a phone call from someone over VDAP. This person tells me that I am probably going to be placed in VDAP. If I don't do VDAP, then I will just be straight disciplined and have an encumbered license. Can't explain the confusion that followed. And the hurt that I still feel. I received a letter in the mail the next day (by the date, I should have received before the initial phone call) It tells me I am being investigated. I tried to ease my mind after receiving this. Surely, this would be looked into and I would be allowed to test without stipulations. After all, I told the woman I had done nothing wrong...how could they put me on probation and encumber my license when I had never even been licensed? I told her it was my understanding that VDAP was for nurses that are impaired and that VDAP was an alternative for them to make it to recovery...

The next week I receive a phone call from the same lady. She asks, have I made a decision. She provided me with no information during the initial phone call, nor presented me with a choice to be made! I told her I didn't know I was supposed to be making a choice and reiterated that I didn't feel this was appropriate and that I couldn't even agree to something such as VDAP at this time, to be allowed to test. My understanding VDAP comes with fines, drug monitoring (fine, but out of my pocket), stipulations on your hours, all sorts of nonsense. Again, I am told the only alternative is discipline. wot?!

I politely ask if there is someone else I can speak to (after all, this lady has been vague and speaks to me as if I have the plague). She calls me back on speaker phone with a board lawyer. Are you kidding me. I'm still preaching the same nonsense. I ask to be allowed to withdraw my application. Yeah. Because, as a single mom I am struggling to even keep my kid in daycare while I pursue my studies. This was supposed to be a great accomplishment alone, and help financially as I went further. As it turns out, doesn't look like that is the way it is going to go down because I "self-disclosed" she keeps telling me. Somewhere, evaluations are mentioned. I tell her I would love to be able to do that assuming that an evaluation would in fact prove that I am completely recovered but again--I don't have money for something like that! So, my hands are tied. Face this now, and wonder if my nursing program or any other program for that matter, would even accept me with my license having VDAP or being encumbered. Face it now and be forced into working a set amount of hours and no less and no more (after I found a job...as a brand new nurse....on probation/vdap). Pay out my rears fines for years. Before I can pursuit my RN.

My little girl. This was for me, but it is all especially for her. I am the only hope she has for a good life.

She says what I am doing is legal... and later in the conversation says they don't allow withdraw. I am still confused...are they telling me I am going to be forced to test--how can they even do that?

Another phone call that afternoon. Lawyer tells me there will be a hearing. I should be there. If not, they'll just reach default without me. That maybe they can "help". I'll receive a letter by mail. So, I will go to it, without an attorney because take a wild guess--can't afford that either!

I made a last call to them to make sure that my information was correct (as lawyer told me to on BON website- but the website only allows you to log in if you are already licensed). It is correct. And I try to obtain some information about what kind of hearing this is. Because everything I had found online (down to their website) was telling me this is a DISCIPLINARY hearing. I get forwarded to a chief investigator or something. He gets my information, pulls up "my stuff". He says, "so you are refusing VDAP and hearing?" (I recall him saying both). I'm astounded. I politely tell him that I have notrefused anything. I preach my same nonsense to him, about not being able to afford to deal with this at this time and that the only thing I have done at this point is short of beg the board to allow withdraw off my application so that I may continue to focus on my studies. That I cannot afford such a financial hardship at this time. That when I complete my ADN I will reapply, answering the questions in the same manner and try to fulfill what ever obligations the BON feels is necessary at that time. This guy seems to possess a bit of humility. He tells me to email him with another letter, tells me how to address the letter and what things to include in it (in regards to withdraw). And that he is going to take it to so-and-so and try to get this resolved.

I still just don't understand. I suspect that I will be getting a letter informing me of a hearing soon. I am going down there in the dark because I don't understand the legal ramifications or what they can and can't do. The only thing I can do is go down there preaching the same things. And then what? They encumber my license that has yet to exist?? They force me into an agreement? I feel like I am cornered and hog-tied.

I'm still so confused at how you can take a nursing graduate and discipline them without them actually having done anything. What I have read has told me these disciplinary actions are usually one size fits all. Which is crazy.

If you have a similar experience, please, share. If not here, message me. There is practically zero information out there for someone in predicament like this. And there should be. Because at what is supposed to be one of your happiest times in life...you've reached the light at the end of the tunnel- am I right?- and only to have that light ripped away from you and complete darkness.

Up Vote Up Vote ×
Specializes in OR.

Get a lawyer ASAP if you have to take out a loan to do it. Do not answer any more of thier questions. For these people to throw lawyers and discipline hearing and so forth at you for a voluntary admission (there goes that good moral character thing again) of something that was that long ago and totally unrelated to nursing (heck, even before nursing school) is wrong on many levels. Whatever you do, don't let these people force you into some program whose primary purpose for existence is to suck you dry for money.

Make sure this attorney is well versed in license defense law. In each state there is usually a firm or two that does this as a specialty. Besides knowing the pertinent law, they also generally have a good working relationship with the BON people. Either google your state and nursing license defense or look in those nursing newsletters we all get. I think there are some other resources floating around on here too.

Don't allow them to bully you into starting your career with junk on your license. You worked too hard for that thing.

Up Vote Up Vote ×

Thanks. It has put a very bad taste in my mouth and is nice to hear a stranger agree that this all seems wrong. Unfortunately, I cannot retain a lawyer. I have horrible credit and couldn't get a loan if I tried (part of that old life I'm trying to move past). My savings has been spent on a family law layer in an effort to protect my daughter and self (part of that old life). So...this is a major set back. I keep telling myself that I'll just get down there and refuse to accept whatever deal they may put on the table (starting my career with junk on my license...) but I just don't know how that will hold up. I have tried finding a lawyer that will work with me in my current financial state-- such as volunteer services. With no luck. I feel I am in a hopeless situation.

Up Vote Up Vote ×
Specializes in OR.

Me being me, I'd refuse any manure on the grounds of you displayed "good moral character" by putting it on your app, even though had you waited 8 lousy weeks it would have been a non issue. Not to mention, it was a voluntary effort to get your life together and how does that merit discipline.

I would refuse anything they've got to offer, don't let them scare you away. They want a "disciplinary hearing"? Whoopee! To me, that sounds like a chance for you to go before the BON and state your case (your version of what I said above). Let the BON make the decision, not the flunkies on the phone who (in my opinion) probably don't know squat. I'm struggling to keep this within TOS because people getting bullied by these programs and BONs is a personal pet peeve of mine.

Up Vote Up Vote ×

I don't have any advise really but I know someone in IL who voluntarily went to rehab for alcoholism. There was no problems with her IL license and she didn't have any issues with work. A couple years later she got a job for an insurance company as a case manager over the phone and had to get licensed to other states. With the Texas license application, it asked that same question and her sponsor told her to tell the truth. Well she received her Texas license, but it came disciplined and she ALSO had to enter a monitoring program. Texas let her do IL's monitoring program and Texas just got all the paperwork/lab tests, etc. Her IL license is totally clear, but if she applies for any job anywhere, they will see the disciplined Texas license so it really doesn't mater that her IL license is clear. If you were from IL, I would recommend to just sign up for the monitoring only because IL's motoring program is one of the most lenient ones. (Only 13-16 drug screens a year and in your scenario there would be no job restrictions, etc.). But you are from another state (Alabama?) and from what you're saying, it sounds a lot more involved. At the same time, I would hate to see you end up with a disciplined license straight out of nursing school. It would be very hard to get any employment and that mark would never go away. Also, with a disciplined license, the BON usually makes you sign up for a monitoring program anyway with the same stipulations. (Your state could be different but this is usually what happens). So then you have to pay for all those drug tests and have all of those restrictions and not be able to get hired due to the public discipline. I don't really have advise for you but I hope withdrawing your application makes this go away for now (and later when you are an RN won't this be well past the 5 year mark?). I would feel a lot better about the idea of withdrawing your application if you had a lawyer. Good luck.

Up Vote Up Vote ×
Specializes in Clinical Leadership, Staff Development, Education.

I definitely understand your frustration. Very difficult going to nursing school, especially as a single mother. I am going to share my advice and I predict it will be unpopular. However, you have worked hard to earn your LPN degree and the ultimate goal is for your to be practicing and working on your BSN. Start today (or if already keep documentation) of actions you are taking to continue your sobriety. The board values 12 step meetings and even though you are not being monitored, I would go ahead and document meetings attended weekly. Ask the board representative if there is drug testing you could do, outside of a VDAP contract, that would help provide evidence of your sobriety.

Even if you do not have the financial resources for VDAP, you can move forward to obtaining your license by building evidence of sustained sobriety.

You are correct, a one size fits all approach is not fair. Unfortunately, it is the approach taken by the board. As frustrating as it is.... remember primary goal is to practice as an LPN and continue school.

Also, I do not think you would have to "wait" to complete VDAP to start BSN program. Just need to be in compliance with program. Good luck!!

Up Vote Up Vote ×
Specializes in Psych, Addictions, SOL (Student of Life).

Do not go before the board without an attorney to represent you. IMHO an attorney will cost you far less than a board ordered monitoring program - which if what you say is true and I have no reason to disbelieve you - you do not belong in a monitoring program nor should your license be disciplined as you have never practiced and therefore were never accused of impaired practice. There is a link here to an attorney referral service. Perhaps you could get a free consult to see where you stand.

Hppy

1
Up Vote Up Vote ×

This is a horrible, putrid situation. You had an issue you dealt with years ago. You applied and went to Nursing School afterwards and you are sober. In short, you did what you had to do and got on with life. I personally think that this is what a successful recovery is all about. However, you have the misfortune of being an honest individual who flashed your neck to these vampires and there is probably a price to be paid for that.

I'll cut to the chase. Get a lawyer!!! Beg, borrow or steal to get representation. Do not trust the good will of other nurses especially the ones who crawled over a bunch of other nurse bodies to get to the top of the heap. You have unfortunately been placed in the ridiculous position of saving your career before it even starts because you sought treatment for a disease that some consider a moral failing. Almost any amount of money invested in avoiding getting caught up in one of these idiotic programs will be worth it not just emotionally but fiscally. Good Luck to You!!!

Up Vote Up Vote ×

I am in the same almost exact situation. It is very heartbreaking. Message me if you would like to talk

Up Vote Up Vote ×
Specializes in OR.
Me being me, I'd refuse any manure on the grounds of you displayed "good moral character" by putting it on your app, even though had you waited 8 lousy weeks it would have been a non issue. Not to mention, it was a voluntary effort to get your life together and how does that merit discipline.

I would refuse anything they've got to offer, don't let them scare you away. They want a "disciplinary hearing"? Whoopee! To me, that sounds like a chance for you to go before the BON and state your case (your version of what I said above). Let the BON make the decision, not the flunkies on the phone who (in my opinion) probably don't know squat. I'm struggling to keep this within TOS because people getting bullied by these programs and BONs is a personal pet peeve of mine.

Rarely do I find the need to quote myself but I was re-reading this and realized that the "me" saying this is not who I was when I was back in the beginning of this nightmare. Back when, at the start I was in the same position as you. I thought the program was there to advocate for me and was supposed to help me. Also having been raised to be honest and truthful ( both things that seem to just make the situation worse with these things) I can see why it would not enter your mind that putting such a thing on your application would cause such a poo storm. It does seem quite incomprehensible.

I guess my point is that you did nothing wrong and my opinion, for what its worth, you don't need any sort of program and sure as heck don't need any kind of discipline. Whatever it is that you needed to do to get and stay sober, you clearly have done and been quite successful at it. How does any BON or money grubbing program get off "monitoring" you for what you (and millions of others who are not nearly as honest and have slipped through the cracks) have evidentially done quite well on your own. Just saying. Oh, that's right, the $$$$$.

Up Vote Up Vote ×
Rarely do I find the need to quote myself but I was re-reading this and realized that the "me" saying this is not who I was when I was back in the beginning of this nightmare. Back when, at the start I was in the same position as you. I thought the program was there to advocate for me and was supposed to help me. Also having been raised to be honest and truthful ( both things that seem to just make the situation worse with these things) I can see why it would not enter your mind that putting such a thing on your application would cause such a poo storm. It does seem quite incomprehensible.

I guess my point is that you did nothing wrong and my opinion, for what its worth, you don't need any sort of program and sure as heck don't need any kind of discipline. Whatever it is that you needed to do to get and stay sober, you clearly have done and been quite successful at it. How does any BON or money grubbing program get off "monitoring" you for what you (and millions of others who are not nearly as honest and have slipped through the cracks) have evidentially done quite well on your own. Just saying. Oh, that's right, the $$$$$.

Yep this program always changes people but usually not for the better. I too was naïve at the start of this program. I thought it was set up to help nurses. Heck the case managers are even called nurse advocates. I have no idea what they are advocating for but its ain't us nurses

Up Vote Up Vote ×

Catsmeow, I received a letter today saying they withdrew my application and closed the case.

Up Vote Up Vote ×
+ Join the Discussion