You need to call an attorney ASAP. Not a criminal attorney but one that has experience in front of the NYS BON.
If you lived in Kentucky, you would definitely be subject to 5 years of the KARE monitoring contract. In regards to the BON, it’s irrelevant if you smoked pot once 6 weeks ago, used IV heroin daily for 6 months or been an alcoholic for 16 years. The contract would be the same. The ONLY differences would be the level/amount of rehab (as determined by a substance abuse evaluator... and you would get SOMETHING, even if IOP) and whether or not it’s confidential or public info. Regardless, you wouldn’t be able to administer narcotics for 6mos -1 year, would be required to attend AA/NA meetings 3x/week for 5 years and have random UDSs at least 2-3X/month x 5 years (yes, even if you smoked THC only one time).
So- get an attorney, experienced in BON matters NOW. It’s essential to do this before the BON contacts you. With an attorney, you may be able to get a lesser “sentence” (perhaps 2 or 3 years instead of 5 years), & confidential orders instead of public. They may also be able to reduce or eliminate a civil financial penalty, if applicable.
I was in a confidential program because I self-reported (which, in my case, was appropriate because I needed help with an addiction). I knew my employer was reporting me. If I had done “nothing”, and waited & gone before the disciplinary/investigative branch of the KBN, I would have received exactly the same stipulations but it would have been public info for lifetime. I would have also had a $500-$3000 civil fine instead of $0.00. Now that I’ve completed KARE, my license is completely clean in my home state (& the compact states), and my KARE contract info has been expunged.
Your case is a little different than mine & you live in a more liberal state. Get an attorney BEFORE NY initiates their investigation. Again, an attorney may be able to reduce your length & keep everything confidential.
Regarding confidentiality: You can ask some of the nurses on this site, or just read through the posts, about employment difficulties they have faced with public disciplinary actions, even after completing their 3 or 5 year program. A public action will follow you to every state & is listed on Nursys FOREVER. Employment applications may be nixed before being called for an interview. If not, then you’ll ALWAYS have to explain to prospective employers about the time you smoked or ate a little THC. (For that matter, patients, colleagues, acquaintances, friends & family can access & read your board orders). Employment isn’t impossible by any means... just more difficult.
If there’s any chance of avoiding this scenario, the price of an attorney is well worth it! So if you don’t have an attorney now, do some research on Thanksgiving Day, find attorneys experienced with your BON & call Friday for an appointment.
I’m not intending to scare you or to exaggerate. I’m just being perfectly honest.