Refusal of VDAP in AL

Published

Hi I graduated 12/2024. In 2022, I failed a drug screen for marijuana while in my nursing program. I was required to meet with a psychologist and he recommended I complete 10 weeks of an Intensive Outpatient Program. I was subjected to weekly drug screens, counseling sessions and daily group sessions Monday-Friday. I completed this program in October 2023. I was able to return to my nursing program after passing another drug screen in April 2024. I successfully graduated my program. When applying for NCLEX-RN I provided an affirmative answer to the question asking have I ever been recommended for treatment or completed treatment in the past 3 years. 

My application went to legal on 12/30/24 and on 1/8/24 I received a call from the director of the VDAP program asking if I would like to opt-in and that my case would not be further investigated. I explained that I have already completed a board approved treatment program and she said that I would not have to complete the treatment again but I would need to go back to be re-evaluated and have them recommend that I can safely practice as a nurse. I currently don't have insurance because I am not working and I know that the costs of the VDAP program are insane.

I chose to refuse the VDAP program but I still have 14 days to change my mind. I was told that once it goes to an investigator one of three things may happen. I could either receive a letter of admonishment, a fine, or be placed on monitoring by the board. Could anyone in a similar situation provide me insight on what may occur. Should I change my mind and enroll in VDAP? I have a job offer in the OR already and don't know how any reprimand or probation could affect this offer. I am honestly just looking for opinions.

Up Vote Up Vote ×

I'd call a lawyer and ask their opinion. I got a lot of free legal advice. 

Up Vote Up Vote ×

Get an attorney. The VDAP program told you "the case wouldn't be further investigated," LOL, because there is NOTHING to investigate! You smoked weed Before you became an RN. Here's what is going to happen. The BON is going to fight or try to get you into monitoring. Your license will be fine and maybe a non public reprimand (which means nothing and isn't on your record), so no worries there. The lawyer is critical because THIS is a situation where the lawyer can have a major effect on whether you get monitoring and if you do get monitoring, the lawyer can effect the length of time in THIS situation.

How will this end up in my opinion? You will get monitoring in some form, but a good lawyer could get you 1 year and I would take that if it's 12 months. It's a win. There's a possibility you get no monitoring, but I would bet against that. When a nurse has done something wrong While They Are/Were an RN, the BON has you and a lawyer can do little to nothing to prevent monitoring. But, when you did something in which you were NOT an RN yet, the BON doesn't have quite as much power, but goes the "strong persuasion and scare tactics" route.

Just my opinion above but 1 think for sure in THIS situation, lawyer up and fight this. Do not meet with the VDAP or enter into anything until your attorney says so. Get a nurse attorney or an attorney that on a regular bases deals with the BON.

1
Up Vote Up Vote ×
NurseJackie69 said:

Get an attorney. The VDAP program told you "the case wouldn't be further investigated," LOL, because there is NOTHING to investigate! You smoked weed Before you became an RN. Here's what is going to happen. The BON is going to fight or try to get you into monitoring. Your license will be fine and maybe a non public reprimand (which means nothing and isn't on your record), so no worries there. The lawyer is critical because THIS is a situation where the lawyer can have a major effect on whether you get monitoring and if you do get monitoring, the lawyer can effect the length of time in THIS situation.

How will this end up in my opinion? You will get monitoring in some form, but a good lawyer could get you 1 year and I would take that if it's 12 months. It's a win. There's a possibility you get no monitoring, but I would bet against that. When a nurse has done something wrong While They Are/Were an RN, the BON has you and a lawyer can do little to nothing to prevent monitoring. But, when you did something in which you were NOT an RN yet, the BON doesn't have quite as much power, but goes the "strong persuasion and scare tactics" route.

Just my opinion above but 1 think for sure in THIS situation, lawyer up and fight this. Do not meet with the VDAP or enter into anything until your attorney says so. Get a nurse attorney or an attorney that on a regular bases deals with the BON.

Thank you for the info, I'll be looking for lawyers who can arrange a payment plan or work pro bono today. I was thinking the same thing, like how am I being penalized for something that happened before I became a nurse.

Up Vote Up Vote ×
prettygirl said:

Thank you for the info, I'll be looking for lawyers who can arrange a payment plan or work pro bono today. I was thinking the same thing, like how am I being penalized for something that happened before I became a nurse.

They can't discipline you because you weren't a nurse yet, so this is why license suspension is No Chance. They can force you into monitoring in order to maintain your license and if you don't comply your license could then be disciplined, but they have less power for something that happened Before You were a nurse and they primarily try to persuade in these situations. They try to convince you or offer you to "voluntarily monitor" and that no discipline action will be taken for your past weed positive. The thing is, they legally can't discipline you for a failed weed test since it happened before you had a license. They want to get you into monitoring and get you an eval, then stick you with 5 years.

A decent lawyer will get your situation at the very very max 3 years, but likely 1 year. At the minimum, no time at all for monitoring.

Up Vote Up Vote ×
Specializes in Vents, Telemetry, Home Care, Home infusion.

The American Association of Nurse Attorneys (TAANA) has member lawyers that represent nurses before BON, see if one in your area.

1
Up Vote Up Vote ×

What is interesting about your situation is how Dishonest, Corrupt, and Fraudulent BONs and monitoring programs can be. The VDAP told you that "if you entered monitoring voluntarily, your issue with the past weed and your license wouldn't be further investigated." That quote is not precise, but it's close to what you wrote.

Think about how evil, or dishonest, a flat out LIE that is, because Liars tell Lies, how inaccurate, and shameful their statement was. Their first interaction with you, a new nurse, was and is, a LIE. Deep down, that truly shows how much they "care" about you. Sadly BONs and monitoring programs do this stuff all of the time and they've both become nothing more than a ponzy scheme or money making corrupt operation.

First, a Monitoring Program will NEVER investigate your license, the BON and Dept of Health have people that do that so they played you for a fool with their statement. You could have entered thr VDAP voluntarily and sure, the VDAP would have kept their "word" and not have nvestigated your past weed test or license, BUT....the BON WOULD have and the VDAP knows this. They know that more than likely, your "voluntary entrance" into VDAP would have been quickly made Board Mandated.

These people are Liars. Perfect Liars. They are much like us addicts, or for those of us on this forum with addiction at the time we were under addiction and using, we lied, denied, schemed, everyday deceit. The BON and monitoring programs are largely the same. This isn't to say that there are not some really good people on the BONs and in monitoring programs because some of them actually are. The problem is their institutions, their culture has been so tainted that it spoils it for the whole bunch.

2
Up Vote Up Vote ×
NurseJackie69 said:

What is interesting about your situation is how Dishonest, Corrupt, and Fraudulent BONs and monitoring programs can be. The VDAP told you that "if you entered monitoring voluntarily, your issue with the past weed and your license wouldn't be further investigated." That quote is not precise, but it's close to what you wrote.

Think about how evil, or dishonest, a flat out LIE that is, because Liars tell Lies, how inaccurate, and shameful their statement was. Their first interaction with you, a new nurse, was and is, a LIE. Deep down, that truly shows how much they "care" about you. Sadly BONs and monitoring programs do this stuff all of the time and they've both become nothing more than a ponzy scheme or money making corrupt operation.

First, a Monitoring Program will NEVER investigate your license, the BON and Dept of Health have people that do that so they played you for a fool with their statement. You could have entered thr VDAP voluntarily and sure, the VDAP would have kept their "word" and not have nvestigated your past weed test or license, BUT....the BON WOULD have and the VDAP knows this. They know that more than likely, your "voluntary entrance" into VDAP would have been quickly made Board Mandated.

These people are Liars. Perfect Liars. They are much like us addicts, or for those of us on this forum with addiction at the time we were under addiction and using, we lied, denied, schemed, everyday deceit. The BON and monitoring programs are largely the same. This isn't to say that there are not some really good people on the BONs and in monitoring programs because some of them actually are. The problem is their institutions, their culture has been so tainted that it spoils it for the whole bunch.

Totally agree, I've spoken since with an investigator and provided proof of negative drug screen after this incident as well. He stated I had the option to provide medical records from my IOP program. I could only think of ways they may use that against me so I chose to decline and have my case advanced to a board attorney/legal assistant to review. So now I have to wait until they reach out to me. I'm hopeful I'll be able to sit for the NCLEX (fingers crossed) 

Up Vote Up Vote ×
prettygirl said:

Totally agree, I've spoken since with an investigator and provided proof of negative drug screen after this incident as well. He stated I had the option to provide medical records from my IOP program. I could only think of ways they may use that against me so I chose to decline and have my case advanced to a board attorney/legal assistant to review. So now I have to wait until they reach out to me. I'm hopeful I'll be able to sit for the NCLEX (fingers crossed) 

I am praying for you.  One thing I would get and keep with me.  Get your IOP Completion Certificate (if you don't have it) and Get a Copy of your Discharge Summary of IOP.  Don't give this to anyone yet, but it is worthwhile to note if your IOP program discharge summary diagnosed you with an SUD and specifically, mild, moderate, or severe and had any future treatment recommendation.  If you get that Discharge Summary and you were diagnosed with a Mild SUD and there were no major treatment recommendations, then you might want to turn that in because that could actually help.  If you were diagnosed with Moderate or Severe SUD and there were future treatment recommendations on the discharge summary that you didn't complete, then keep that in your pocket and hold onto it and don't let them see that.

Up Vote Up Vote ×
NurseJackie69 said:

I am praying for you.  One thing I would get and keep with me.  Get your IOP Completion Certificate (if you don't have it) and Get a Copy of your Discharge Summary of IOP.  Don't give this to anyone yet, but it is worthwhile to note if your IOP program discharge summary diagnosed you with an SUD and specifically, mild, moderate, or severe and had any future treatment recommendation.  If you get that Discharge Summary and you were diagnosed with a Mild SUD and there were no major treatment recommendations, then you might want to turn that in because that could actually help.  If you were diagnosed with Moderate or Severe SUD and there were future treatment recommendations on the discharge summary that you didn't complete, then keep that in your pocket and hold onto it and don't let them see that.

Thank you, it was mild and I submitted my discharge letter with the recommendations. There weren't any major treatment recommendations just continue meetings, meet w/ a mentor and comply w/ any of my nursing school drug policies. I just hope it's not dragged out over a month or more I have pushed my start date back for my job until the end of the month. 

Up Vote Up Vote ×
+ Join the Discussion