Facing a reprimand before I can take NCLEX

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I am in a new BSN graduate who applied for my nursing license in March in OK. I've never been arrested or anything like that. I answered no to the arrest/convictions question for the background check without a second thought. 2 weeks after sending in my application I received a letter from the BON stating that I did not disclose an arrest on my record. 13 years ago while serving in the Army, I received a field grade article 15. It's a non-judicial administrative punishment for coming up positive on a urinalysis. I was not arrested, I was not charged with a crime, I was not tried in a court of law, I was simply given a punishment by my command and continued on with my army career. I've had at least a dozen back ground checks done over the years. I've worked for the army as a civilian in 2 different states, I work with children in my church, I had to have a back ground check to get into nursing school. I have never been told that this article 15 was in my back ground. I answered no on that question in good faith and with a clear conscience. When I called the BON after getting that letter, I was made to feel like a piece of crap who lied on their application and received no guidance on where to even look for the documentation they were asking for. They wanted court minutes, arrest record, officer's report, all of which did not exist since, again, I was never arrested. It took me a month to locate the form with my article 15 on it. I included a letter in my own words of the incident, as well as character letters, and an explanation of what an article 15 is.

Finally after a month of not getting though to anyone at the BON, leaving messages and not getting a call back, I finally found out that my application was back with an investigator. What the board is offering me to move forward so I can take my NCLEX is stipulations. I have to take a 4 hour course on Nursing Jurisprudence, and I will have a public reprimand on my license right out of the gate.

In reading the nursing practice laws and violations for the state I found this:

C. Any person who supplies the Board information in good faith shall not be liable in any way for damages with respect to giving such information.

I want to fight this. I don't deserve a reprimand when I honestly didn't think I was lying.

Any advice on moving forward with an appeal would me so appreciated. Most of my class has taken NCLEX and I still don't have an ATT. I was president of my class, 3.8 GPA, I even gave the student address at convocation. I teach Sunday school and spent the last year serving as PTA president. I'm also a military spouse and very much would like to uphold my reputation. Having this public reprimand opens me up to unfair prejudice.

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Specializes in Psych, Addictions, SOL (Student of Life).
I am in a new BSN graduate who applied for my nursing license in March in OK. I've never been arrested or anything like that. I answered no to the arrest/convictions question for the background check without a second thought. 2 weeks after sending in my application I received a letter from the BON stating that I did not disclose an arrest on my record. 13 years ago while serving in the Army, I received a field grade article 15. It's a non-judicial administrative punishment for coming up positive on a urinalysis. I was not arrested, I was not charged with a crime, I was not tried in a court of law, I was simply given a punishment by my command and continued on with my army career. I've had at least a dozen back ground checks done over the years. I've worked for the army as a civilian in 2 different states, I work with children in my church, I had to have a back ground check to get into nursing school. I have never been told that this article 15 was in my back ground. I answered no on that question in good faith and with a clear conscience. When I called the BON after getting that letter, I was made to feel like a piece of crap who lied on their application and received no guidance on where to even look for the documentation they were asking for. They wanted court minutes, arrest record, officer's report, all of which did not exist since, again, I was never arrested. It took me a month to locate the form with my article 15 on it. I included a letter in my own words of the incident, as well as character letters, and an explanation of what an article 15 is.

Finally after a month of not getting though to anyone at the BON, leaving messages and not getting a call back, I finally found out that my application was back with an investigator. What the board is offering me to move forward so I can take my NCLEX is stipulations. I have to take a 4 hour course on Nursing Jurisprudence, and I will have a public reprimand on my license right out of the gate.

In reading the nursing practice laws and violations for the state I found this:

C. Any person who supplies the Board information in good faith shall not be liable in any way for damages with respect to giving such information.

I want to fight this. I don't deserve a reprimand when I honestly didn't think I was lying.

Any advice on moving forward with an appeal would me so appreciated. Most of my class has taken NCLEX and I still don't have an ATT. I was president of my class, 3.8 GPA, I even gave the student address at convocation. I teach Sunday school and spent the last year serving as PTA president. I'm also a military spouse and very much would like to uphold my reputation. Having this public reprimand opens me up to unfair prejudice.

Hire a lawyer ASAP and don't say another word to the BON until you do.

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Specializes in Critical Care, Capacity/Bed Management.

If you would like to fight this and hopefully have the funds to do so I recommend contacting a lawyer that has experience dealing with your states BON.

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Specializes in Complex pedi to LTC/SA & now a manager.
TAANA Executive Office - Home the American association of nurse attorneys offers a lawyer referral service for nurse attorneys experienced in license defense. Consultations are rarely free but may be worthwhile
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Sorry to hear of your difficulties. My understanding is that nursing boards have access to all records of this kind, even those which have been expunged. They have access to far more background information than your typical employer background checks will provide. If you read the "nurses with criminal background" threads, you will find that many nursing candidates find out that their expunged records are not "erased" to the degree that they had thought.

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Specializes in NICU.
In reading the nursing practice laws and violations for the state I found this:

C. Any person who supplies the Board information in good faith shall not be liable in any way for damages with respect to giving such information.

If this is the OK BON (the result that came up when I Googled this sentence), I read that as a clause protecting someone who reports a nurse for any of the foregoing disciplinable issues -- i.e., if it's done in good faith (and not as slander/libel), the reporter is not liable for whatever happens to the person they report. Unfortunately doesn't seem to help you out in this situation. I agree with other recommendations to lawyer up if you can.

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I guess I didn't think of it in that aspect. It makes sense though. I really don't think the board will side with me anyways and at this point I just want to get my license. I feel defeated already and don't want this to drag out until whenever the board decides they'll hear my appeal.

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Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

The fact remains that an Article 15, even a field grade one, is NOT a federal conviction, nor is it an arrest. This is a civilian board of nursing not understanding what they are seeing or understanding UCMJ. Definitely get a lawyer. As a military spouse, try JAG first. They can at least guide you to a civilian who can help if they cannot represent you directly. Good luck!

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Specializes in PDN; Burn; Phone triage.
I guess I didn't think of it in that aspect. It makes sense though. I really don't think the board will side with me anyways and at this point I just want to get my license. I feel defeated already and don't want this to drag out until whenever the board decides they'll hear my appeal.

Fight it! That reprimand will follow you FOREVER. It is going to keep you from getting jobs. It may keep you from getting licensed in other states should you decide to move. It may keep you from furthering your education should you decide to go back. You do not want to start a career like this.

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Fight it! That reprimand will follow you FOREVER. It is going to keep you from getting jobs. It may keep you from getting licensed in other states should you decide to move. It may keep you from furthering your education should you decide to go back. You do not want to start a career like this.

I agree.

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Specializes in Oncology; medical specialty website.

This is a situation when I think fighting it is recommended. I have no advice, but I wish you well.

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Specializes in Intake, Home Care.

I was legal admin in the Marine Corps before I became a Nurse. The thing with your case is your popped positive on a UA right? Therefore, your result is linked to a SecNav message with your SSN on it. (Or something similar). That's probably where it popped up. Also, I believe drug NJPs are allowed to be divulged under certain circumstances. I agree with everyone though, don't contact BON without a lawyer on your side. Hopefully he can find some gray area you can fight with.

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