Published Sep 25, 2015
tinybbynurse
196 Posts
I won't go into detail but this has happened to me by my previous job. It was not a good place to work for and now this has happened ... word of advice to new RNs... there's too much autonomy in home health so don't go that route when you're new! Things like this happen! I know I'm not a horrible person and I don't deserve this and I'm going to fight for my license because I'm meant to do nursing and love my job now and have future goals ... I've read that I shouldn't speak directly to the investigator that is working my case and I should hire a lawyer since I don't have malpractice insurance and since my ex work is who reported me. I know you guys can't give legal advice and that's ok, but anyone in my situation who saved their license or can give me a word of advice? So far all I know is hire a lawyer and don't speak with the investigator because they are not trying to help you, it's like giving your statement to the insurance company of someone you got in a bump up with I read. You don't want to say the wrong thing without guidance of a lawyer.
Thanks ....
odaat
101 Posts
Definitely don't speak to them without a lawyer. The investigator is really good at making it feel like an informal little chat between friends or something and it's easy to end up saying things you'll regret. They also like to ask the same questions in different ways hoping to trip you up. That was my experience anyways and I will always regret going into a meeting without my own counsel. Good luck to you
Thank you. That's what I've heard as well ...they try to act casual about everything. Did you have to speak to them on the phone? In person? Can a lawyer speak for you or show up in person on your behalf?
I had an in person meeting with the investigator. Another thing they did was call me for the meeting and request to have it the next day, leaving me no time to gather my wits after being broadsided by the phone call and decide on a better course of action then what I did. In hindsight I should not have allowed myself to be rushed into the meeting with them.
I don't know how things work out when you have a lawyer but I would think you would still have to attend but your lawyer would attend with you and advise you. But since I didn't go that route I really don't know.
I had an in person meeting with the investigator. Another thing they did was call me for the meeting and request to have it the next day, leaving me no time to gather my wits after being broadsided by the phone call and decide on a better course of action then what I did. In hindsight I should not have allowed myself to be rushed into the meeting with them. I don't know how things work out when you have a lawyer but I would think you would still have to attend but your lawyer would attend with you and advise you. But since I didn't go that route I really don't know.
Thanks for your input! Does anyone know if this is reported to other states you're licensed in? I know it would be if disciplinary action is taken but what about before any decision is made? Right now all I know is there's a complaint against me and nothing has been proven or decided. I wouldn't think anything is reported to other states i am licensed in right?
JustBeachyNurse, LPN
13,957 Posts
Investigations may be reportable (always better to self report) any disciplinary action is definitely reportable and actionable. Check with the other boards of nursing to see whether investigation/complaints in other jurisdictions are reportable.
14Gemini
9 Posts
Once you have hired an attorney, the attorney will advise you to not speak to them, instead refer them to him/her. Most attorneys will communicate to the board they are now handling your case and the direct contact with you will stop. (many of the steps ahead will be written communication that is until you are requested to appear-then your attorney should always accompany you. Be sure to find a local attorney that has experience dealing with the BON!!!!!--always have an attorney and if you are not currently working---GET A JOB NOW!!!! before investigation info is placed on your license. Hope this helps.
Check your license verification site--probably states something about "under investigation". Not sure about how it works where you are--but the BON has all the cards and it can take months. And yes-(but check how it works in your state)---IF you receive a Reprimand or higher level of discipline it will appear on your license for 10yrs!!!!!then you can again pay a lawyer and REQUEST expungement.. This is serious business--the BON is NOT your friend---they are charged with protecting the public and DO NOT CARE about how this all affects you and your family!!! I wish I had seen this post sooner!!! Hope you you have not have been forced into a meeting---and if/when they make a decision you will be notified----go to the BON site and see if there is a link to "Disciplinary action"-should be.( this may explain how things work) If is is not too late GET A LAWYER at least consider a consultation with a lawyer. (one with experience working w/BON) Good luck AND yes--all this is made public--shared with compact states etc. and is given to the NCSBN ( National Council of State Boards of Nursing). After you comply with whatever "punishment--usually $$$$$$ fine and CEUs at best--it will be posted that the reprimand has been cleared--but does not go away. Geez--I feel like I just ruined all hope for you and I am sorry for that--GET that lawyer and perhaps he/she can negotiated a consent decree instead of a reprimand which is NOT made public......sorry---but you need to hear this--I wish someone had told me!
hrtsnstrs---sorry tried to PM you but was restricted so I will try this way! I am 100% sure that this is true in Kentucky--10yrs then you can request expungement. If I read it correctly--you are from Texas--(a compact state with KY-so this may also apply) Gee I hate being the doom and gloom friend--I wish you all the luck!! Feel free to contact me --I am sorry that I do not have the ability to send PM perhaps as I can receive them I can try to respond this way or of you feel comfortable send a email address. Fingers crossed for you.
You haven't been active enough to have full access to the pm system
Thanks guys I appreciate it. I did get a lawyer. He had me write my own statement but reviewed and advised me on it before I sent it in. They are experienced with nursing board cases. But my attorney doesn't seem worried at all about me talking to an investigator if they call ....said if I feel uncomfortable to tell the investigator I'd like to arrange a meeting with my lawyer present. But shouldn't my lawyer insist on being present or taking over all contact with the board and it's investigators altogether? I thought I'd relinquish all to my lawyer. I'd rather pay him more to take over fully for me ...apparently my situation is really minute compared to what my attorney has seen ...but to me it's huge and was still enough to result in an investigation! And it's my understanding that if you speak to an investigator they WILL find SOMETHING to build a case against you ...does it ever actually get dropped and not result in discipline? My attorney also says I won't lose my license over this ...strongly believes I won't get any discipline at all even ... he's so nonchalant about it and maybe he's right but I just feel kind of worried because it's all a huge deal to me obviously.