Supervision question while on nursing probation with CA BRN

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I have recently been given an accusation by the CA BRN for a DUI after a Christmas party that occurred 18 months ago. This is my first and only offense, low BAC etc. It was a stupid mistake and one that I am paying dearly for. I also have a nursing license in another state who's BRN cleared my license issues in less than 2 weeks. But not so with CA. I have been a RN for over 30 years and an NP for over 20 years. As I am in the early process, I am trying to educate myself to get all ducks in a row as it seems that this process ends with nursing probation. I am a telemedicine provider from a home office, providing mental health treatment, while my clients are at a clinic location where there are nurses taking the VS etc. I see that there are various levels of supervision by another nurse/MD etc while on nursing probation (someone in the building all day/half day or by phone or teleprompter twice a day). Can someone fill me in as to how these levels are assigned. I am hoping to keep my job but am also beginning to look at different options just in case.

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Hello and welcome

We moved your thread to a forum for responses from those with similar issues.

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I have recently been given an accusation by the CA BRN for a DUI after a Christmas party that occurred 18 months ago. This is my first and only offense, low BAC etc. It was a stupid mistake and one that I am paying dearly for. I also have a nursing license in another state who's BRN cleared my license issues in less than 2 weeks. But not so with CA. I have been a RN for over 30 years and an NP for over 20 years. As I am in the early process, I am trying to educate myself to get all ducks in a row as it seems that this process ends with nursing probation. I am a telemedicine provider from a home office, providing mental health treatment, while my clients are at a clinic location where there are nurses taking the VS etc. I see that there are various levels of supervision by another nurse/MD etc while on nursing probation (someone in the building all day/half day or by phone or teleprompter twice a day). Can someone fill me in as to how these levels are assigned. I am hoping to keep my job but am also beginning to look at different options just in case.

Was there an accident involved with your DUI? I don't want to generalize, but typically, if you're already a licensed RN, and the DUI was your first offense with no accidents involved, no child in the car, low BAC, etc., and you disclose it properly to the BRN within the required 30 days, most likely than not, you'll get a citation and fine from the board, which is not discipline, and it's not attached to your license for the public to see. A cite and fine is the best result one can hope to get in this kind of situation.

Did you disclose your DUI conviction to the board within the required 30 days? If you did not, that's grounds for an accusation from the board, as not disclosing a criminal conviction within the specified time frame is a separate violation of the Nursing Practice Act (the DUI is a violation, as well). Or did you receive your accusation after disclosure? If the latter, I'm guessing there was an accident involved?

My best advice to you is to consult with an attorney, one who specializes in administrative law, one who is well versed in dealing with California's BRN. I think at this point, the best result you can hope for is a public reprimand from the board. If there was an accident involved, the possibility for probation is greater. I believe you have limited time to respond to the accusation, so please, consult with an attorney ASAP if you haven't already done so.

Good luck to you.

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Hello. Yes there was an accident, no children involved. Misdeomener DUI. I did self disclose in a timely manor with both the BRN and later to the accusation. And I do have an attorney with BRN experience. I am just trying to prepare for this most likely probation outcome according to everything that I read on this site, including your response. I was wondering about the levels of nursing supervision while on probation and was hoping there might be someone out there willing to share their knowlegde. Since a new job might be on my horizon, I want to try to move as quickly as possible as it may take time to find a new employer. Thank you for you kind thoughts.

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I am on probation and was told that each employer must fill out paperwork and contact the BON to discuss the supervision required. Every job has to be approved by the Board so it depends what position you have. If you are lucky enough to keep your present job - once your probation starts (if indeed you do get probation), your present job situation has to be evaluated and approved by the Board. While this is going on you are not allowed to work as an RN. I wish you luck and as you are in California I would hope for the best but expect the worst!

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Thank you for answering! Can I please pick your brain? It sounds like you are on probation in Ca with the BON. How long did it take for the BON to approve your job? That is super scary. Also can I ask - I have heard that there are various levels of nursing supervision (a nurse to monitor you) - one where you have to have someone available by phone/skype twice a day, another where you have the nurse in the same building 1/2 to the entire shift. Can you shed light on how this works? I currently prescribe meds from a home office via skype to a clinic in another area. I am trying to also hire on to a regular clinic job where the BON has approved probation nurses in the past. I would love to keep my skype job but don't know if this is realistic or if my boss would even ok it'. Again, thank you for reaching out as this is so frightening.

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Yes ask away! I will answer any question the best I can!

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Thank you so much! I feel so isolated with this. I am preparing for getting hit with nursing probation, as it just seems that everyone does. I am just going to get my mind ready for this. I am assuming that you are in the nurses "support" group and are exposed to others in this situation as well. I am wanting to know about the "monitoring" - is every one assigned the "someone must be in the building with you at all times" ? I see there are a number of levels of monitoring/supervision - from someone in the building all day, to half a day. and lastly to by phone/teleprompter twice a day. I am trying to see if someone who starts probation can get the "by phone or teleprompter" right off the bat. I am needing to know if I need to find a new job or if there is a chance I can keep my current job.

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I hope you get your questions answered here. If not, I'd ask your attorney for details on the supervision requirement of probation.

I am really hoping your attorney can get you a public reprimand instead of probation. Please keep us updated.

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Hello. I am hoping that some one answers my question also. My attorney is working on it, hoping that the out come is not probation but I am not counting on it just by all the research that I have done. Again, WA State BRN did NOTHING with this same charge and told me so in 11 days. CA is really unforgiving, which is so scarry. I am trying to look for other jobs since I can't find an anwer to this question, hoping by the time it is decided - maybe 3-6 months, that I have another alternative. Too bad, I serve the underserved seriously mentally ill and homeless and do a great job. Wish the board would look at that instead of once in 59 years, I got a DUI after a Xmas party with a low BAC. Oh well, all I can try to do is educate myself to keep sane.....

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Hi all. I am looking at the horror of a probable nursing probation by the unforgiving CA BRN. I am trying to find answers as to what is required with the "supervison portion of the orders". Anyone had any experience with the various levels of supervision - some one in the building all the time, part of the time, by phone etc. How is this determined or is it cookie cutter, as in the highest level of supervision right off the bat for everyone? I have a DUI w/accident - misdomenor. Scrambling trying to find work before this happens and it is a bit grim as I don't know the answer to the above so hard to tell new employeers what is required. Any info would be most appreceiated.

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