Settlement or Alternative to Discipline Program in Vegas

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Specializes in Diverse.

Desperate need of advice or any guidance on what to do.

The complaint was submitted to the NSBN accusing me of diverting in January 2024. I did however test positive for oxycodone because coincidently I was on my cycle & have bad endometriosis-roommate at the time gave me one of her pain pills which is why I tested positive. Seriously the worst luck! Which I'm sure is why the board thinks I have a drug problem.  Anyway- I got a lawyer; she wrote up the reply to send to the board & after that I didn't hear from her or the NSBN until about almost 2 weeks ago-Jan 2025

The NSBN basically gave me two options. & to note I am currently pregnant- due June 15th with my first.

To enroll in the alternate to discipline program which basically is me admitting that I have a drug problem. Or to sign a settlement offer which I believe is the same thing as the monitoring program.

I am single, no family, + am/will be a single mom when my baby is born.

There are pros/cons to both options & only have a few days to decide which to take. With me being pregnant, my lawyer did try to negotiate with the board last week if they'd allow my license suspension & maternity leave to fall at the same time so I wouldn't have to miss too much work. They denied that request due to not wanting to wait until June for me to start the process.

With the monitoring program/settlement offer, I'd have restrictions where I'd be able to work (currently a pediatric home health nurse so I'd have to quit & find another job fast) but my nursing license wouldn't be suspended at all during that time. But reading all of the other posts on this message board, many already in the program are expressed difficulty finding a job that will work with you to uphold the requirements outlined. The BIGGEST issue I have with the monitoring program is that my nursing license will forever have a black mark on it for public knowledge whenever someone looks it up. There are so many reasons I have for not wanting that, but my biggest is really just the same and embarrassed of feeling like a failure for the rest of my nursing career.

On the other hand, the alternate to disciple program, once completed the status remains private. Yes, rather than just being monitored for 3 years its 5, but that doesn't sound to be terrible.

My issue with that option is surrendering my license & not being able to work as a nurse, until the 180 hours of required programming is completed. I live in Las Vegas, which is big in the hospitality/food and beverage business. I had a second job as a server/bartender up until about 2019 when I started classes to bridge from my LPN to RN. I was thinking that I could hopefully quickly find a serving or bartending position to have for the 2-3 months of my license being suspended. Obviously, a con would definitely be not making as much as I am as a RN, but I've always managed in the past with bills & someone it has always worked out in one way of another to where I'm still not homeless or starving.

I'm going to call my lawyer first thing Monday morning to ask a few questions about these options, but has anyone here ever been in a similar situation? Being faced with the 2 options & the reasoning on why they chose the option they did?

Is anyone in the alternate to discipline program? Did you work in another field while your nursing licensed was suspended? Or were you fortunate enough to have the means to make it through that time without having to worry about money?

Please any incite on either option would be greatly appreciated!

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I'd choose the option where this isn't forever a black mark on your license  

In my state we don't have to choose. The exrea 2 years is awful but at least it won't follow you forever 

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Specializes in Diverse.

What do you mean you don't have to choose in your state? The letter I received from the BON said I can resolve this in 3 ways: signing the agreement, signing a stipulation of facts and liability, or refuse to sign & demand a hearing before the board. my lawyer said that if I reject the settlement outright & go before the board and potentially reengage in settlement discussions.

The option of me choosing to enter the alternate to discipline program is still on the table but after reading post after post on this forum, it seems like admitting to the board of any substance issue is a mistake because of the rigorous requirements that have to be met. 

Or maybe I'm getting all the options confused & mixed up! I just have no idea what to do!

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In my state if you're reported you do the time. There's not an option to do alternative to discipline or monitoring agreement.  If you were charged with a crime that shows forever, if you weren't charged with a crime, the monitoring agreement is your secret after it's over. 

I spoke with a lawyer,  a few lawyers and they all said the board or a judge will side with the monitoring agencies suggestions so I should just do the monitoring agreement  

I really hate the monitoring agreement.  It's such a pain. But when I'm done I'll have a clear record.  

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