Old charges and intemperate use in Pennsylvania

Nurses Recovery

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Hello everyone,

I’ve read a bunch of threads on this site but I have some unanswered questions about Pennsylvania’s licensing process. I’m currently a student and excited to start as a nurse next year but I’m a little worried that my past might come back to haunt me.

I wrote a lot so I thought I’d put my questions right upfront, and you can read the rest if you want:

1) For someone applying to take the NCLEX, what does the PA BON look at in terms of criminal records? After reviewing the application, it seems like they only look at the state police records for any state lived in in the last 10 years or, if more than 3 states, FBI records. Is this right, or do they do their own, more extensive, background checks?

2) What happens when someone answers yes to this question: “Do you currently engage in, or have you ever engaged in, the intemperate or habitual use or abuse of alcohol or narcotics, hallucinogenics or other drugs or substances that may impair judgment or coordination?”

3) What’s the time frame to get an unrestricted license if someone answers yes to the above question?

Now for a wall of text with my background and why I’m asking these questions:

I will graduate with an RN degree next Spring and I am wondering if I’ll be denied or held up on getting an unrestricted license. I’ve been clean & sober for over about a decade and I work a solid program of recovery, and I’m not sure if I should disclose that I was “an intemperate or habitual user” back in the day. The way I see it, something 10 years in the past and under control today is none of the BON’s business, especially if they’re likely to treat me like someone who was just recently caught diverting meds. I talked to a nurse who went through PNAP who said I should absolutely NOT tell the BON anything because they are basically bureaucrats who follow an arbitrary process but they won’t dig any deeper if I just say no.

I also have expunged cases that should not show up and a DIU in another state from the mid 2000s. CHRIA prohibits any board from considering expunged cases/charges in licensing decisions, so this shouldn't be an issue. (https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-9124.html). It also only asks for background records from states lived in during the last 5 or 10 years, and my FBI background is clean, so I don’t expect anything to come up on my background application to sit the NCLEX.

So, if you made it this far, thanks for sticking it out! Do you have experience with the Pennsylvania BON with issues like this?

There was a thread a few years ago that touches on this, but I’d love to hear more recent perspectives from people in a similar situation.

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Specializes in Med/Surg, Women's Health, LTC.

If you have zero record and you are currently sober (congrats by the way!) then say NOTHING. Read through these threads and you will see that you will wind up in a monitoring program that will suck the money out of you as fast as you can make it!

Congratulations on your achievements and enjoy being a nurse!

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Hi @rn1965, thanks for your advice! However I don’t exactly have no record, but as far as I can tell the pa BON has no reason to dig deeper than my pa record which is clean. And yeah I’ve heard the monitoring programs are pretty awful.

I spoke to a lawyer yesterday who agreed that if I disclose “intemperate” use I will almost definitely be sent for an evaluation, but that I can request a hearing and if me and a handful of recovery friends go to the state capital I’d have a good chance of being given a full license if I can convince them that I’m actually clean and sober and working a program. All for the low low cost of $5k in lawyer fees plus more in evaluation & hearing fees. Do you know anyone whose done this in PA?

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Specializes in Med/Surg, Women's Health, LTC.
16 hours ago, Anonynurse66 said:

Hi @rn1965, thanks for your advice! However I don’t exactly have no record, but as far as I can tell the pa BON has no reason to dig deeper than my pa record which is clean. And yeah I’ve heard the monitoring programs are pretty awful.

I spoke to a lawyer yesterday who agreed that if I disclose “intemperate” use I will almost definitely be sent for an evaluation, but that I can request a hearing and if me and a handful of recovery friends go to the state capital I’d have a good chance of being given a full license if I can convince them that I’m actually clean and sober and working a program. All for the low low cost of $5k in lawyer fees plus more in evaluation & hearing fees. Do you know anyone whose done this in PA?

That had me spitting my coffee out! Haha! I do not know of anyone in PA, but, from what I have read on these forums and others, and I could be wrong, saying you are sober and having other sober friends vouch for you will not be enough to stop the monitoring program. However, in some states (I am not PA, so cannot say for sure), once you complete the "confidential" monitoring, your license is free and unencumbered. That being said, yes, you would likely still need to have the evaluation, go through monitoring and while in monitoring, be restricted by the terms of your contract. For some that means no OT, no ER, no nights, a narc restriction for up to a year, quarterly reports from employer, check ins, drug screens, etc.

I am 14 years sober, attempting to regain my license. I know I will be required to do the probation/monitoring program where I am (TX), and I sent in several letters from sponsor, friends, and a counselor stating I completed alcohol and drug counseling for one year.

I am willing to do it, because I want my license back. I was a great nurse and I want to be in that field again. If you want it, like many folks here, you can do it! It will take time, patience and money, but, it can be done!

Good luck and I am sending positive vibes your way! (Yes, I am an old hippie!)

☮️

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