Yrztree

Hey everyone! I wanted to give an update to my case. I had to, for some reason, anxiously contact my lawyer for about 2-2.5 weeks regarding the letter of explanation. Time was counting down until my license expired. Luckily I just trusted her... Everything is OK! My license was renewed in 24 hours! There was no investigation or anything. This has definitely given me a new perspective on nursing in general, and I tell EVERYONE I can about these programs, malpractice insurance, and how to protect yourself now. I'm still following a lot of posts here because I empathize with you all and strongly believe these programs should be funded fully so you all can get back to work ASAP. How can anyone ever get better if they don't have a place to live, income, etc? I wish you all the best, and thank you for following along!

I'm so sorry. Do you mind sharing what happened to you?

I already paid for a retainer far before the outcome of my court date. Basically, in my state, it's worded as: arrested, detained, cited, ticketed, charged, convicted, etc. It's so broad that I can't omit it. I forgot the exact wording but it's extremely specific. Other states only ask about arrests, and if I was in those states, I'd be fine. Even if the outcome is no pending charges, I have to tell them if I was even pulled over and cited with any violation of the law except minor traffic tickets. I even went online to take a look at it thinking wow, I don't have to say anything! ☹️ I did a background check and I have nothing. I know for a fact I never had charges pressed against me now, but I was cited with possession. I'm definitely going to get a copy of the police report. She definitely doesn't benefit at all if I say "yes." She wished I didn't have to do it, especially because I never had charges pressed. My state is wildly unfair... I had a case for the charges but there were never pending charges I guess. Like, the prosecutor decided to never press any charges and the case was generated based on the possession ticket. So the case was dropped, and I never had pending charges, and tbh I don't think I have an arrest record either. I was not allowed to go anywhere, and I know you don't have to be handcuffed and taken in for it to be an arrest but yeah, nothing on my background check! So wildly unfair ?

For those who remember, I got a drug charge last year, or I thought. It turned out that no charges were ever filed, and my criminal lawyer said that during discovery for my case, there wasn't really anything. I'm not sure if there's even a police report. He said he didn't get anything... So, the case was dropped. I paid a fine for a defective equipment citation and that was it. Basically, it wasn't my marijuana but it was my car. Yeah, everyone hears that but I got a negative drug screen within 48 hours from a reputable lab. So, there's nothing on my record that I know of. I will get certified copies soon. We have to renew our license in my state yearly, and it's coming up in September. I'm starting to get nervous. I have a bunch of character references. Literally everyone knows about this, even my managers and they all want me to be OK. According to my nurse defense lawyer, I still have to report. And it is better to be honest than them finding out. Has anyone else been in my situation, where there were no charges even filed with a negative drug screen and you were OK? My lawyer said there was an almost identical case and the nurse ended up with no contract and kept her job. She said it was heavier drugs as well... I'm just getting nervous. I supposed no record is good because I know I WILL be able to get a job at dialysis if need be. And my lawyer assured me that she negotiations contracts to get the minimum stips if worst comes to worse. And she thinks they won't even do an investigation because it's so busy around that time for them, and she's had experience with this. She mostly defends licenses of nurses and other healthcare professionals and that's what she specializes in. I'd love to keep my nursing job and not be forced out I guess and put on the no hire list, as there is only one major hospital system within 45 minutes of me. ☹️ I guess I'm just looking to calm down. It's not in my control but as it gets closer, I keep thinking well, this isn't over yet. Any reassurance from people who have been in similar situations would be lovely.

Update: for months I had no pending charges and no arrest record and was very confused. Well, today, MY CASE WAS DISMISSED. They decided to never charge me. I think my lawyer really emphasized this could ruin my career and they did me a huge favor... I'm not sure if I have to report this ticket if I never had an arrest record and never had pending charges, so I will be consulting with my other attorney who will be dealing with the BON in my state. I think the prosecutor really just saved my job and career here, and I'm so relieved.

It really is. I'm so glad when I sought out information about the alternative to discipline program in my state I didn't listen to her. It all sounded very odd. Like, why am I going to report to you before my board and I didn't do anything? This was MONTHS before my court date, where I might have a dismissed case anyway BECAUSE NO CHARGES HAVE BEEN FILED YET STILL, MONTHS LATER. How shady...

Is your monitoring because due to your bipolar disorder?

Update: Court hearing very soon. My nursing lawyer is communicating with my criminal lawyer. My criminal lawyer emphasized that I didn't have a DUI at all, and it was possession only, and I had a passenger in my car (and thus the same details I outlined.) My lawyer stated in the email that we plan to report during the renewal period! Which is several months away. I don't want to give any identifying information, so I will refrain from naming the state I'm in currently. However, I did look on the board of nursing website and the nurse practice act previously and I couldn't find ANYTHING about requirements to report in a certain time frame, but obviously I DO have to report during renewal at the very least. I'm not sure if this will continue if I get deferred judgement, as the email said reporting criminal charges and not convictions (I know it would be a stayed conviction but that might change the reporting requirement times). I will go by what my lawyer says, as she frequently addresses the BON in my state in addition to other professional boards. I'm trying to be realistic but I'm happy because it gives me at least several months to work my butt off and save money! With the overtime I'm making, I will have tens of thousands saved by then after my bills are paid and I don't live in an overly expensive city. Whatever I decide to do with my license if things go south, I can afford to get another degree if needed. I already have a plan B, and it's basically related to skilled trades in which I would make a similar salary compared to nursing in my area, with unions and better health benefits, and would NOT hold a license or be required to ever test before a licensing body. It's also a field that isn't necessarily hard on your body, and you can advance to management positions that would pay the same or more than nursing manager salaries. So that's my update for now. I have plans. If things go bad, I'm going to detail other career opportunities for people and ways to fund them for those who can't afford monitoring, can't take out student loans or get grants, and those who must give up their licenses for long periods of time. Other fields ARE forgiving, and it's important to remember that.

Thank you so much for your support and advice

She explicitly said not to, as she thinks based on a prior case she had I will not even get monitoring. I don't think you should go into a monitoring program or talk to those people without a lawyer doing that for you...

Update: talked to my lawyer yesterday for the first time. She informed me that if I get the charges dropped when they charge me, I just have to report it during the renewal period and she thinks they won't even bother with an investigation based on her previous clients. If I get deferred judgement, she said I have a strong case for no intervention: I got that initial drug test and it's all negative, I have good evaluations at work and have never been disciplined in any way, etc. She will be recommending a psychiatrist to evaluate me and said she's very knowledgeable and we will use her recommendations if necessary, and it's unlikely she'd recommend anything. She also said she's the cheapest in this area so that's a plus! If worst comes to worst? She said she negotiates every single monitoring contract. She also said my hospital tends to fire those who get contracts while employed, and if worst came to worst, I would simply put in my two weeks until everything can be fixed and my deferred judgement (if everything goes badly) expunged. Total cost of lawyer so far: 2k, and about $50 for a urine. 1.5k for the criminal lawyer as well

Luckily it was just the possession ticket. They tried to bust me for a DUI but I definitely had nothing in me and they refused to administer a breathalyzer or blood test when I demanded, do I did their stupid field test and passed. My criminal lawyer says he will attempt to get the charges dropped. As far as the actual charges go, they haven't even charged me yet and I'm going to consult with my nurse attorney about when I have to report IF I get deferred judgement, which is the worst case scenario. I would have to report the deferred judgement in my state, unfortunately. The only thing with my hospital job is I'm highly worried about the criminal side of things, like if they formally charge me (likely) and with me in deferred judgement. Like, will they be required to fire me if I have deferred judgement for a misdemeanor that will pop up in a background check. It's the only hospital system besides like two independent-but-crappy hospitals in about 45 minutes, so I absolutely want to avoid the "do not rehire" at ALL costs. The good news is my hospital apparently has a facilitator for the state alternative to discipline program, and he is in HR. Apparently he's been through the program as well. In addition, I talked to the program director anonymously, and she encouraged me to report asap (NO thanks) even though I had a negative drug test. And she asked what hospital I worked at and eventually told me "oh that's very good they try to keep employees in their jobs." But again, if there's any chance I'll be on the "do not rehire" list I'm out until I can get it expunged, worst case. I'm trying my best not to worry, but as you can see, I'M CLEARLY freaking out and getting very specific. ? I keep telling myself whatever happens will happen. But I can control a bit of it, and that's what my lawyer is for. I'll definitely keep you all updated. I do have a psych history so I'm afraid they'll be like oh, look at you (even though mine is a bit complicated as I'm currently only diagnosed with autism and ADHD and I DON'T take stimulants). Basically all of my psych history is heavily tied to awful childhood experiences and my autism (anxiety, etc). My psych issues tend to mostly go away when I'm not around abusive people. But you know how the board is.. Nursing wasn't supposed to be the end of the road for me. I got into nursing for personal reasons but it's a good job to have when you are going back to school for what you really want to do, as I couldn't at the time. I'm just wondering if now is the time to cut my losses or if I should stick it out. I may want to go into engineering, so whatever happens, I don't want to just surrender my license or have a mark.

I meant go back to school for another career.

Not even a year into my career. Long story, a possession ticket (it was not mine but the passenger). Marijuana. Doesn't matter if it's not mine because it's my car I guess. Immediately took a drug test at LabCorp less than 48 hours after receiving ticket. I am getting a hair follicle test this week. I haven't been formally charged yet. My pretrial hearing is in a few weeks. I'm hoping to get case dropped, but pretending it will not even happen. Even if it DID get dropped, I suspect I have to report that I was ticketed. I have obtained a lawyer for the criminal charges and am going to speak to a nurse attorney from TAANA this week as well. I'm not sure if it'll even help. I hear my state has a program that's similar to Florida. I do have mental health issues that haven't messed with my job at all, but I'm afraid this will just be used against me. I put myself on psych meds that aren't addicting. Other than this, not even a speeding ticket my entire life. I guess what I'm looking for is a little support and also... I'm wondering if anyone went into it just looking to reduce stipulations in contract I.e. getting to work 3-11, or nights, MINIMAL time off between being cleared to work. It would be nice to have minimal narcotic restrictions, but I'm trying to be realistic. I've actually been put on nights only before as an ADA accommodation, so I'm not sure if my lawyer can argue this case. I might go back to school for a different career depending on what happens and I'd like to be able to work a crappy nursing job in evenings or nights as well. A part of me wants to take FMLA when this happens in the hopes they will take me back to my medsurg floor or allow me to interview with other units, another part wants to resign so I can return to this job eventually just in case so I don't get out on a "do not rehire" list. My case is weird in that all of my coworkers AND my managers know about it and ALSO support me. Any advice here? Nothing legal, just like personally what did YOU do? Go back to school? Did you try to keep your job? Were any of you allowed to work medsurg or something like an obs/tele floor during your narcotic restriction?

These people were both 2 person assists or PRN hoyer and can't really help with transfer. I'll take your advice. It just seemed odd to me to have a hoyer as PRN.