You must have an Attorney when going before the BON

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Specializes in Medical Surgical/Addiction/Mental Health.

I wanted to take a moment to share with AllNurses.com the journey I have been on in the last two months. When filling out my application for my nursing licenser, I disclosed criminal activity and participation in a drug treatment program. I went in front of the board and plead my case. Now, I was arrested three times; 1994, 1997, and 2001 for purchasing stolen property. I participated in a pre-trial diversion program which basically means, I do X Y and Z and the charges will be dropped. So, I have not criminal record of convictions.

I was issued a probationary license for three years with restrictions. I was not allowed to do home health, hospice, or pediatrics. I had a job lined up to start working after passing NCLEX. Lucky for me they are still holding the position until final outcome of my appeal.

I went in front of the board today with my attorney. The outcome: The BON reversed their original decision and granted my license FREE AND CLEAR. The point I am making is this...if you are asked to appear before the board, HIRE AN ATTORNEY! I know they can be expensive, but you will make up the cost by working on a free and clear or less sanctioned nursing licensure. The board is not your friend. The board is in place to ensure competent people are issued licenses. You MUST have someone there to advocate for you.

I am speaking from experience. I thought that because I did not have any convictions, that I would be issued a license free and clear. I was wrong. There is a national organization that is representing nurses at board meetings. Because of the solicitation rule of AN, I will not post the information. However, if you are interested, PM me and I will forward it to you.

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Specializes in icu/er.

you are so right on this post. though i have been fortunate enough to avoid having any dealings with my states own bon i do know of some nurses who have stood in front of the bon for many different reasons, some legeit and some bogus. the ones who recieved the lightest to zero punishment all had legal representation from a lawyer that specialised in nursing practices. it is common knowledge that the bon dislikes the very idea of nurses comming before them lawyered up.

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Specializes in Medical Surgical/Addiction/Mental Health.
you are so right on this post. though i have been fortunate enough to avoid having any dealings with my states own bon i do know of some nurses who have stood in front of the bon for many different reasons, some legeit and some bogus. the ones who recieved the lightest to zero punishment all had legal representation from a lawyer that specialised in nursing practices. it is common knowledge that the bon dislikes the very idea of nurses comming before them lawyered up.

You are correct! I have read some research articles stating outcomes of those who had an attorney at a board meeting versus those who showed up without and attorney. The research shows those with attorneys had more favorable results. I will have to find the literature again and post it. It is very interesting.

Thanks for your comment :D

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I am also going through a similar situation right now. I had a conviction 2 years ago for petty theft. The BRN denied my application even after I submitted letters of recommendations, expungement papers, and papers showing volunteer work and classes that I took for rehabilitation. Now I am feeling really devastated I may no longer be allowed to get my license. I plan to appeal and hire an attorney to help me out with this. Is there any other advice that you can give me to increase my chances of the BRN letting me take the NCLEX.

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Specializes in Home Health.

Two weeks before my daughter spoke to an attorney, the BON was very very ugly to her. The last time she spoke to them she mentioned that she spoke to xyz attorney and she told me there was a whole different attitude. Goes to show, the BON can't handle the big boys and they are probably blowing a lot of smoke that we nurses just suck up, cause we are too stupid to know better.

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It is frequently suggested here that one have legal representation when they appear before the Board.

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Specializes in Leadership, Psych, HomeCare, Amb. Care.

With the stakes so high, why wouldn't someone hire a lawyer?

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Specializes in Medical Surgical/Addiction/Mental Health.
With the stakes so high, why wouldn't someone hire a lawyer?

If someone is being sued, he/she hires an attorney. If a person has been accused of a crime, he/she hires and attorney. I just don't understand why nurses who have to appear before the board, regardless of the reason, do not hire an attorney to advocate for them.

HELLO!!!!!!!!!! Your professional license is on the line!

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Please send me the organizations info. I am going infront of the board and i want an attorney,I'm sick of gettin screwed around!!! Thank You!

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Specializes in Vents, Telemetry, Home Care, Home infusion.

great resource: [color=#1111cc]the american association of nurse attorneys

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Specializes in Psych ICU, addictions.
I just don't understand why nurses who have to appear before the board, regardless of the reason, do not hire an attorney to advocate for them

Because many nurses believe that the BON will look out for them so they shouldn't need the lawyer. Or the nurses believe that bringing a lawyer to them to the BON would imply their guilt, that they must have done something wrong if they felt the need for legal representation. Or the nurses feel that the cost of the attorney outweighs the matter.

In nursing school, we went up to see the BON in action at one of their monthly meetings. One of the members flat-out told our class that the BON is there to look out for the public, not the nurse. Of the three cases we watched the BON preside over, the case that had the best outcome (license reinstatement, though she was censured) was the nurse who had the attorney with her.

Those two things have always stuck with me. God forbid I never should have to stand in front of the BON but if I do, no matter what the situation is, an attorney will be standing beside me.

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I am in a similar situation right now. Was offered same probation, hired an attorney, took my NCLEX and passed, now waiting to hear my destiny.

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