Possible BRN Program in California

allnurses Guide · May 20, 2017

Hello all,
I recently received a letter offering diversion for misuse of drugs or alcohol. I OD'd about 2 weeks ago and unfortunately did not self report. For some reason I did not think they would find out. I wasn't thinking and now I'm not sure what to do. I have spoken with my manager who is very supportive. I am thinking I will just take the offer and start the diversion program because I am a new RN and do not think I will win against the BON. I do not have an addiction as that was my first and last time trying that drug, (hence the overdose). Any advice? I'm very scared and just want to make the right choice and keep my license! I live in California and I know they are strict, I made a huge mistake but I hope I can at least repair it! Any advice is greatly appreciated! Thanks!

I have read all your posts and can help with the in's and out's of the California program. I successfully completed it years ago and have never looked back. My career path has had a few bumps but I am doing well. I have several questions for you but do not want you to jeopardize your case if you are seeking legal counsel. Do you have the ability to send private messages?

Hppy

gabby3 · May 20, 2017

I agree with happy. I was in Ca diversion. Only left due to moving but didn't complete which placed discipline on my license forever. Having low pay or no pay for 6 months to a year is better then losing your license.

It will go by fast.

I have been doing this for over 10 years about to complete Florida 5 year program. I wish California would accept time served in Florida, but they don't.

Just take care of yourself.

It sounds like you just became a nurse. Just do what you did to survive financially before your nursing job

Gabby

M2185 · May 20, 2017

I cannot use private messaging yet because I only have 2 posts. And my job before was so sporadic that it wouldn't cover it...my parents helped me too before but they are tight on money as well. I will be speaking with an attorney on Monday and should have a better idea of where to go. Even though I stated use of an illegal substance no drug screen was ever performed. Thank you guys...I am so grateful for your advice!

Lisacar130 · May 20, 2017

If I were you, I would definitely apply for only nonhospital jobs and only jobs that do not involve passing narcotics. I hear dialysis clinics are very recovery friendly. Yes, get your foot in the door somewhere. If you have to disclose, hopefully you'll be past the the first 90 days and hopefully they will be OK with it. It will be much harder to get a job afterwards if you do have a mark in your license. It will also look good when you go before the board to have a non-narcotic related job. I wouldn't disclose now, you won't get hired because it will be too risky for them to hire someone with the "potential" for having their license suspended (it likely won't be suspended but they won't know that).

gabby3 · May 20, 2017

Why do you have to wait for brn to investigate. I thought you received a letter that offered diversion program. If you accept that the brn does not investigate.

If you don't respond to diversion letter then it can be referred to ca brn. That can be from 6 months to 2 years. Then you will be offered a stipulated agreement of probation.

Gabby

M2185 · May 20, 2017

Thank you guys! I will be speaking to an attorney Monday and then I will make my decision about joining the Diversion program. I appreciate any advice. I know they have dialysis centers out here where I live but I am a new RN and I am not sure if they would even hire me. Thank you!

mississippiRN71 · May 21, 2017

Hi. How long have you been a RN? I'm in Mississippi. I'm working for dialysis (Fresenius) and they are very recovery friendly. I don't know if there is a certain amount of time you have to be a nurse before working in dialysys. I've been RN for 20 years.

I disclosed to my boss that the board is investigating me , she was very understanding and hired me. She said she knows several dialysis employees who are working with a restricted license. There are no narcotics in dialysis . My case has been under review over a year, since , Feb 2106.

Fresenius hired me this past August.

When my manager looked up my license online it shows "active" .

This is such a long process. I have a statement in Feb 2106 and just waiting for the end result.

Good luck! And definitely check into dialysis

gnurse2089 · May 21, 2017

As far as I know, DaVita Dialysis is pretty open to new grads and is very monitoring friendly, I've got a few people in my group that work there.

I work at a SNF, most SNFs are recovery friendly as well though we pass quite a few narcs so that's something to be aware of. SNFs in California are always in need of RNs though.

I also know people in my group that work for ambulatory surgery centers and oncology clinics but they had quite a bit of acute care experience before they got put on monitoring.

I wouldn't mention anything about possible licensure discipline during the interview process unless it's gonna show up on a background check. I don't think this is dishonest, but in all reality, there's no current discipline on your license so there's no reason to tell your new employer until it becomes an issue.

It took 2 years for the board to finally settle my case. In those 2 years I made a great reputation for myself as a nurse at my SNF so that when I finally did get put on probation, my boss was willing to work with my restrictions. Idk if she would have been willing to do the same if I had told her from the get go

mississippiRN71 · May 21, 2017

Hi gnurse, did your case involve the DEA?

That's what I'm concerned about. I have a lawyer and he is talking to them trying to work out pretrial diversion for me

gnurse2089 · May 21, 2017

Hey tiffpritRN,

I got placed on nursing probation for a first offense DUI involving alcohol. Nothing work related and no DEA involvement. Also why I opted for probation as opposed to diversion as diversion would've made me complete outpatient rehab which is ridiculous if you don't meet the requirements of alcoholism.

M2185 · May 21, 2017

Thank you guys, I have only been an RN for one month but I will look into Davita right away! I am not sure if the DEA is involved...so far only an allegation has been filed and I still do not know from whom and most likely never will. I'm hoping the lack of a drug screen will help and I am in California.

gnurse2089 · May 22, 2017

Hey M2185, the only advice I can give you is to make 100% sure this is the right choice for you. Diversion is incredibly expensive. You pretty much have to fulfill all the requirements of probation but without having an income. The drug tests alone on probation cost me about $3,500. I personally would not have been able to afford it if I wasn't able to work.

If there's no evidence other than heresay regarding the discretion, I'd take those 3,500 grand and put them towards a lawyer who will reach a settlement with the board. If the evidence is poor, you might not even get probation. You can get a cite and fine or letter of public reproval which only stay on your BON file for 3 years and don't cause any restrictions on your license.

Don't get me wrong, I think Diversion helps a lot of nurses out, nurses who are deep in addiction and unable to quit without it, but Diversion is also run by a for profit company who also tries to scare many nurses into enrolling who won't benefit from 5 years of intense monitoring.

Was your attorney experienced with the board? It's important to seek out council with an attorney that knows what they're doing when it comes to administrative law. A criminal attorney won't work.

Really think about it,but either way I wish you the best of luck!