Vdap VS Probation

jbm1135 · Nov 25, 2020

Hey there! I was offered probation but went the route of vdap. The only real reason for my decision is I didn't want a permanent mark on my license. I did have a problem though and enrolling in vdap forced me to get the help I needed whereas probation I can see now would not have led me to get help in the long run.
When you enroll in Vdap, the first thing required is to get an evaluation at a facility chosen from a list that the ABN provides. I went to Bradford and my recommendations are for 12 weeks. But I was an addict in the worst way. The evaluations at any facility run in the range of $2500-4000 and they are for about 3-4 days. You are at the mercy of the doctors evaluating you. They send your recommendations to the board of nursing and you are required to do them in order to qualify for vdap. But just because I got 12 weeks didn't mean you would. I've seen nurses get outpatient. Just depends on the severity of the problem...mine being one of the worst.

All that being said...I know Vdap was the right choice for me. What I gained from being in rehab was eye opening and life saving...even though my original intent was just to avoid a license on probation.

If you truly have a problem then Vdap is the way to go. Or honestly if you don't have a problem and just want a clear license. I can't tell you what's best for you.

Vdap and the whole process is extremely expensive. I was fortunate enough to have health insurance through my husband that covered everything. Many people do not so it is definitely something to consider.

Blueyezone · Nov 27, 2020

Thank you for responding! Was it at your hearing that you were given a choice of probation vs VDAP? Did you have an attorney or not? And in the case of going the VDAP route .. is there any advantage to having an attorney? Also did you continue to work while waiting on your hearing? Again just trying figure this all out the best I can! Appreciate any advice. ?

jbm1135 · Nov 28, 2020

I didn't have a hearing, I was offered probation over the phone because I never met with the board in person due to covid. I was offered probation for refusing to take a drug test at work. So I was fired anyway. You can't work during the evaluation process for Vdap. Based off your recommendations they will tell you when you are clear to work. For me I have to finish my outpatient stuff and then I will be clear. I know it's different for probation.

I talked to an attorney and he said probation was a lighter "sentence" and therefore they're wasn't anything better he could do for me. I mean I was guilty so there's not much an attorney can do if you're guilty and there is evidence against you LOL.

An attorney isn't really going to help in the case of vdap. The board will go by the recommendations of the doctors who evaluate you. And there's no way around that. I have seen however that when inpatient isn't a possibility due to cost that they will try to come up with another option as best as they can. It was that way at Bradford anyway.

Definitely talk to an attorney and see what your options are. In my case the attorney suggested I take the probation but it was in my best interests to do vdap instead. You know what is best for you. An attorney is going to look at this from an attorneys point of view. That means the lightest punishment possible. Admit nothing and do the probation was my attorney's advice. But like I said...I needed the help that vdap forced me to get LOL. Probation wouldn't have done that for me. Plus keeping it off my record was very important to me.

jbm1135 · Nov 28, 2020

Also they didn't give be a choice in regards to vdap vs probation. They gave be two weeks to sign my consent order for probation. I took about a week to think and pray on it and reached out and asked if Vdap was an option instead. I was so scared to ask because I didn't know if it was too late for vdap to even be an option but it was. Praise the Lord LOL

Blueyezone · Nov 28, 2020

How long was it from the time you refused the drug test/got fired... until the BON called you? I did talk to one and they also said he would def try for probation..not VDAP ... which is so confusing, since its the only way not to have a mark on your license? He never mentioned that part.. and probation sounded good until you read what it actually means...? Again thank you so much for responding..not many people I can talk to about this...

jbm1135 · Nov 29, 2020

The incident happened in Sept 2019. I first heard from an investigator in Oct. 2019. I didn't really tell them anything. I would definitely recommend that you say the least amount possible. Then I finally heard from the board Feb 2020 to come in for a meeting regarding the complaint against my license my job had filed. So I was going to actually meet them in person but then a few days before they canceled the meeting and I didn't hear from them until June 2020. We did everything over the phone due to covid. So that's when they sent me the consent order for probation. Probation was for refusing to drug test. So that's when I asked about if Vdap was an option. They referred me to Shaye Robinson...the director of vdap and voided the probation order. I then got my evaluation for vdap at Bradford early Aug 2020 and did 12 weeks. I came home Late Oct. Again I was a bad into opiates and needed the treatment. I never would've done rehab if the board hadn't made me. That was the best thing for me. I can't tell you the best thing for you because I don't know your whole story. You just have to weigh the pros and cons.

Attorneys look at it like this....admit nothing and get the lightest "punishment" possible. They don't consider the long term effects of having a "marked" license. They also don't consider what's in the best interest of the nurse like whether rehab and monitoring would actually benefit the nurse over probation. They only look at it through the filter of being an attorney.

Blueyezone · Nov 29, 2020

What is life like now after inpatient? How often are the meetings and what other requirements, cost are you facing and for how long? Have you been released to work? If so how did the job search go...I want to thank you again for sharing your experience! I def plan to do the same whichever route I end up taking!?

jbm1135 · Nov 30, 2020

I'm still in outpatient for another couple weeks and then I'll be released to work so I haven't really started my job searching just yet. But I'll keep you updated. I know I have to pay $1000 once my monitoring starts. We are required to go to three 12step meetings a week and have to check in with a drug testing company (Affinity) for randoms. I'm doing that now through bradford so I'm not sure how much drug tests run under vdap. Depends on where you go. I know the average is like 2-4 a month. Also your employer is required to send in quarterly reports. I have a narcotic restriction for 6 months. I can't work as a supervisor, in home health or more than 84 hours a pay period. I need to look to my vdap agreement again but that's pretty much the bulk of it. It's seems overwhelming but it's doable.

My probation agreement wasn't too much different. Only difference was it was for a year and it would be public and I would always have a mark on my license. I'm very fortunate the board even let me do vdap.