Permanent Practice Restrictions on a Nursing License are Indeed Permanent

I was contacted by a nurse via email this week. The nurse was convicted of aggravated assault several years ago. A Board of Nursing proposed to take action against her license based on the conviction. The nurse was offered a "contract" to resolve the complaint (the felony aggravated assault conviction and subsequent Nursing Board investigation). The nurse signed the contract. The contract suspended her license and provided terms for reinstatement of her license.

The nurse inquired whether she could retain an attorney to remove the permanent practice restrictions in the Board of Nursing contract.

The time to ask questions, voice concerns, and make comments about a Board of Nursing contract is prior to signing the contract. If you are provided with a Board of Nursing contract (Consent Agreement, Agreed Order, Public Reprimand, Consent to Discipline, etc.) consider consulting with an administrative law or licensure defense attorney.

Pay the consultation fee (normally $1500-$500) to have the proposed contract reviewed with you. You want to know how the proposed contract will impact your nursing career and the practical implications of nursing discipline and Board of Nursing monitoring. Contact The American Association of Nurse Attorneys (TAANA) for an attorney referal www.taana.org, contact your state nurses association for a referral, or research nursing licensure defense or administrative law attorneys on the internet. Start with a google search of "nurse" "license" "defense" and your City or State.

I thanked the nurse for contacting me and responded that permanent practice restrictions on a license are in deed permanent.

Comments

[Alan Cochran]

Last year I my LVN license was recvoked in Texas.^ 6 yrs ago I diverted drugs at a Houston area Hospital. The hospital pressed charges and I recieved 2yrs deferred adudication (felony)Probation...which I successfully completed. Also required by the state was a lengthy outpatient drug rehab program which I also completed. During this time I continued to work as a nurse as there was no action taken yet against my LVN license. One month after getting off my Texas Probation, I recieved a letter from the Board of Vocational Nursing requiring me to go to Austin to see the Board...After my meeting with the Board...I then recieved probation by the nursing board against my nursing license for a period of 3 yrs. I was really surprised that the board waited 2yrs to take action against my license. My requirements were to send report sheets to a probationer every 3 months from my employer. I was to also CALL a toll free number every day of the 3 yrs to find out if I was to be randomly tested for drugs that day or not. I had to pay fines to my probation officer, money for each drug chain of custody form and also attend a drug AA program. I was relieved to hear the call on the phone by my aunt stating that my license when looked up on the Tx nursing web site was showing to be active and without restrictions 3 yrs later. I had indured 5 yrs of punishment for my stupid decision to take Demerol from a Pixis Machine. I did all this without complaint for I deserved what I got. I was also happy that I stopped using drugs during the 1st year of probation and have never used again. I was so happy to have my license back I applied to a travel nursing agency. My wife, who is also a nurse was hired as well.. The agency paid for both of us to change our license to Alaska so that we could go there on assignment...A few weeks later my wife recieved her Alaska license in the mail and mine did not arrive yet. My new boss also saw online that I now had a Tx license with no restrictions and figured that the Tx nursing board was just slow to issue my license info to Alaska. He flew us to Alaska and my wife starting working her assignment at a hospital. I also had an assignment there. We were just waiting for Alaska to issue my license...It never came. I called the Tx nursing board to find our the reason for the delay..The board stated that they found out I did not call my daily drug test number during probation, a number that was outrageous (400+) missed calls....yeah you saw the number correctly. I worked so hard to keep my License and abide with all stipulations of my probation...I know that I did everything I was so supposed to do for them and was happy when I got my LVN license back only to have it taken away permantly. My wife quit the travel agency as I was not allowed to work and we paid ourselves to fly back to Tx..I could not pay the high amount of money for an attorney to defend myself in this ridiculous charge by the board that I missed all those call in for the drug tests and even if I could afford the attorney ,,how could he dispute the Automated daily phone in system the nursing board used... My question is if I had even missed 5 call ins..why did they wait 3yrs (the entire time of my probation), issue my license...and then take it away for a I am sure is an error...IT HAS BEEN 1 YEAR SINCE I LOST MY NURSING CAREER...I DID MY REQUIREMENTS BY THE TEXAS PENAL SYSTEM AND THE TX NURSING BOARD! Can I hire an attorney now and get my license REINSTATED somehow. Please Help With INFO SOMEONE>

[latonia]

Dear Alan,

Thank you for the comment. I would suggest you contact a nursing license defense attorney in Texas to see what can be done at this point. Joe Flores, RN, MS, JD and Taralynn Mackay, RN, BSN, JD are Texas nurse attorneys who represent nurses before the Board.

Whenever your nursing is being investigated by any Board, you should consider attorney representation. Attorney representation costs money of course however you cannot afford to not be represented and advised on the matter affecting your license, livelihood, and career.

I find still after 8 years of nursing license defense that the majority of nurses fail to appreciate the seriousness and adversarial nature of Nursing Board license matters.

Good luck with your issue and I would suggest you speak with an attorney. Watercooler advice from other nurses is not what you need at this point, you need to speak with an attorney familiar with Texas Nursing Board cases. LaTonia

[Phyllis]

In 2006 I completed a 18 month probation alchol related issues nothing occured at work. In 2001 my 17 yr old daughter called the police becauses I had brought friends home from the bar (she was at the time a typical teenage daughter)I was charged with child nelgect but the charges were dismissed at a later time) Than in 2003 my father had passed and I just had a abortion (on my own)self treating my depression with the hopes of happiness that alchol does not bring I called my sister to tell her I O.D. and I was drunk. No charges where placed just a quick trip to an inpt. psych unit for about 5 hrs. I NEVER in my wildest dreams knew I had to tell the board all this but they found out though a "friend" I did my probation as stated I applied for a travel job and was turned down due to the prbation. In AZ. it stayes on for 10 YEARS is ther anyway it can be removed and why can people steal drugs from work get DUI and such do a different type of restriction and go "scott free" with no marks against them

[latonia]

Phyllis,

Thank you for the comment. Take care of yourself and I hope things are well with you and your family now.

[Suellen Lewis]

I am a RN in Oklahoma and have a 12 month restriction on my license. I have 2 years to complete this. I have to work in a hospital. If I don't get a job as a RN will my license be revoked after the two years?

[latonia]

Sue, thank you for comment. I cannot provide you with legal advice on this blog. I would suggest you contact a nursing license defense attorney or nurse attorney who represents HCPs in Oklahoma for assistance. You can call the Nurse Attorney Referral line and the telephone number is available at www.taana.org.

[B Meyer]

I want to ask you if a consent of order agrees to no restrictions, but orders attending a peer assistance group, would it be considered a permanent public document?

[APRN]

I am an APRN that is currently being investigated for a misconduct. Another lawyer I have spoken with thinks I will get probation. Additionally, I have no criminal record. What will probation do? Will I have a job?

I am the primary provider for my children and I am terrified. Is there anything that can be done? I need help!

[latonia]

APRN,

Thank you for contacting me. As you can see, I edited your post to my blog. Please email me "off the blog" at ldw@nursing-jurisprudence.com as I can assist you if you are being investigated by the Indiana, Kentucky, or Ohio Nursing Board.

I am not sure if you are already being represented by legal counsel as you mentioned that you spoke with another attorney.

I am glad to hear that you have spoke with an attorney and you are taking the State Nursing Board complaint filed against you seriously.

If you being investigated by another State Nursing Board (outside of OH, KY, or IN)please contact the Nurse Attorney referral line at www.taana.org for a referral to a nurse attorney in the State where you are being investigated.

[Julie]

I would appreciate you input and advice on my situation. If you could please email me so i can give you the whole story, I would appreciate it.
Julie

[Mel]

My name is Mel I am a APRN in TN. I reported an employer for Medicare/Medicaid fraud. Among other things he was billing for patients never seen in the office. The owner is also an APRN. I contacted a lawyer about helping me get out of my contract concurrently with reporting the fraud. When I reported this weeks later to our offsite supervising physician I was dismissed. The APRN owner told my supervising physician I was lying and that I had been drinking on the job while seeing patients. This was a complete fabrication.

The APRN owner has since reported me to the state peer assistance program and the state board of nursing. These malicious allegations are not going away. My attorney tells me I cannot due anything about this because anyone can make a complaint to the board and peer assistance. I cannot believe I do not have whistleblower protection.

I have never had a drug or alcohol screen, a written counseling or anything. I have been in nursing for over 10 years and have never had a failed drug or alcohol screen, I am active in the community, I am president of my local state nurses association district, and I have never been fired from a job. NONE OF THIS SEEMS TO MATTER.

I have been compliant with everything I have been asked to do. But...When I say that I do not do drugs and am not an alcoholic, I get "well you no the first sign is denial." Also, I have never been arrested or had a DUI ect.

This is a nightmare....Do you have any advice for me.

Thanks
Mel

[LaTonia]

Hi Mel,

I am so sorry to hear about this. It sounds as if you are handling the issues by obtaining the assistance of an attorney with State Nursing Board experience to analyze and sort out the facts here. Keep us posted on the resolution.