Nurses self reporting?

Silverdragon102, BSN · Mar 17, 2011

Hello and welcome to the site

I have moved this to the Nurses & Recovery forum for better response

spicy1RN · Mar 17, 2011

I would suggest that you do not talk to the BON without consulting an attorney who has experience with licensure issues. You have the right to have an attorney present. No matter how nice the BON may appear, they are not on your side.

Search this forum for posts by jackstem, as there are links to information about nurse attorneys.

Having an evaluation for addiction is a great step, that will be something that will be asked for by the board.

First steps first, take a deep breath, and know that you will get through this.

The best advice I was given was to get an attorney. It is worth the money to have his expereince, and because of his knowledge my outcome was much different than what the BON originally wanted to give me.

Good luck.

aprilten7 · Mar 17, 2011

You need to contact an attorney in your state who represents nurses before the BON. Your employer should not be giving you legal advice. The impact of BON actions against your license will affect your ability to earn a livinf for the rest of your life. If you are given a restricted license and cannot pass narcotics many employers won't hire you. You need to spend the money for a consultation from a licensed attorney who represents nurses before the BON. There, I said it twice!

all_over_again · Mar 17, 2011

I wish I had gotten a lawyer when I was still employed and could actually afford it. It would have made things go so much more smoothly. I had to do things on my own because losing my job and license left me completely broke. It wasn't a matter of sucking it up and scraping together the money. There simply wasn't any to scrape. Get one while you can!

lifeistweet · Mar 18, 2011

Definately get an attorney. Go to nurseprotect.net and get signed up. It's easier now while you have some money than after you have been out of work for a year. Don't freak out, get help. I didn't and it cost me ten times the amount of the attorney fees. Start a recovery program and document all that you do towards your recovery. Whatever you do, don't voluntarily resign. Hospitals love to have you do this, so they don't have to assist you in recovery or pay unemployment. Tell them you want to take a medical leave while you are in recovery. I think they have to give you 12 weeks. Their company line is "voluntarily resign and we won't report you to the board". Forget it, you will be in the diversion program and if you diverted from work you will get discipline no matter what, so don't resign, let them fire you. The board will send out investigators who just want yo to admit to everything. Their line is, "The board will be easier on you if you just admit to what you have done". Don't, they won't. Check out voy.com for a place to get advise and vent when you need to. Keep your head and spirits up, we've all been where you are and survived. Just trying to keep you from making the same mistakes I did. :redpinkhe

jackstem · Mar 20, 2011

Amen, Amen, Amen. I'm always surprised (I don't know why anymore) that a nurse who is facing a board investigation, termination, and possible criminal investigation hesitates to obtain legal representation. Yes, they cost money. But will attorney fees cost as much as the possible loss of your license? Will the fees cost as much as having the possibility of permanent restrictions on your license (and the difficulty of obtaining employment with those permanent restrictions)?

If you don't obtain legal representation, you are representing yourself. Are you qualified to represent yourself? Even attorneys have a saying:

"An attorney who represents themselves has a fool for a client."

I have many horror stories of nurses who represented themselves, or were represented by an attorney with little experience in administrative law or very little experience representing nurses (dealing with the medical, dental, or pharmacy boards is much different than facing the nursing board). The first question I ask a nurse who contacts me about substance misuse charges is, DO YOU HAVE AN ATTORNEY? If not, then get one before speaking with anyone else, including investigators, police, or employers. I don't say this in order to help a nurse avoid the consequences of their actions. I do it to assure the nurse's rights are protected under the law.

It's not uncommon for the police, the board of nursing, or board investigators to tell you an innocent person doesn't need an attorney, obtaining an attorney makes you look guilty, or obtaining an attorney will make things harder on you. BALONEY! The board of nursing has to follow the rules when conducting an investigation, a hearing, or proposing a consent agreement. They have attorneys assisting and advising them. Shouldn't the nurse have someone assisting them (and making sure the board and their investigators follow the rules)?

Contact The American Association of Nurse Attorneys for names of nurse attorneys in your state (your attorney doesn't have to live in your city to represent you). Or contact the bar association in your state, county, or city for referrals to administrative law attorneys with experience representing nurses before the board of nursing. Interview several attorneys. Ask the nursing association in your state if they have recommendations. Ask the attorney your considering if they have previous clients willing to discuss their experience with the attorney.

If you are a nurse reading this and you don't have your own professional Liability Insurance GET SOME! Make sure it covers legal representation if investigated by the board in addition to malpractice coverage.

Good luck!

Jack