Potential Nursing Students, Nursing Students, and NCLEX-Applicants: That's a Fact Jack!

Schools and colleges of nursing may be prohibited from inquiring into criminal convictions, mental health, and substance use treatment.

But guess what? The State Board of Nursing in some states can and do inquire into criminal convictions, mental health and/or substance use and abuse. The application to practice law is even worse, you have to disclose EVERYTHING including traffic tickets, civil cases where you were a plaintiff or defendant, and late credit card payments.

Where you are planning to apply for a license as a RN or LPN?

1. Take time now and review the State Board of Nursing Application for Licensure by Examination.

2. Do you affirmative responses? Yes or No. There is no maybe.

3. If you have affirmative responses, you need to speak with a nurse license defense attorney in the State where you plan to apply for a license. See www.taana.org.

That's a fact, Jack! Its called personal accountability and responsibility. Don't rely on "oh its going to be okay" before investing tens of thousands of dollars and countless hours in your nursing education.

Actually, I am waiting for a lawsuit to be filed by a Nursing School/College graduate in the State of Ohio related to this issue because its coming. You heard it hear first. We live in a very litigious society and the nursing students of today are not the nursing students from the 70s, 80s, and 90s (I graduated in 1993 and 1994).

I think we are going to see a civil law suit against a nursing school/college where a nursing school graduate was unable to retain a license or obtained a restricted license which impaired the graduate's employability. Its coming and my office is going to follow the case and report everything on this blog in real time. I like to gamble so let's bet $1.75 that a lawsuit will be filed in the next 2-3 years.  

Gone are the days where you can submit an application with multiple affirmative responses and still receive an unrestricted license to practice nursing. This is significant because I think prospective nursing student and current nursing students need to be aware of this very important fact. The Board of Nursing exists to protect the public from unsafe nursing care and if you are disclosing affirmative responses in your Application for Licensure by Examination with a State Nursing Board, there is a chance you:

1. May receive an unrestricted license;

2. You may receive a restricted license or a opportunity to contest the restricted license at a hearing;

3. You may be asked to w/d your application and reapply later or have an opportunity to contest this at a hearing; or

4. You license may be denied and you will have an opportunity to contest this decision at a hearing.

How do you know if this is going to be an issue for you? Speak with a nurse license defense attorney in the State where you plan to practice nursing. See www.taana.org.

If you are attending a nursing school or college now, you are planning to apply for a license with the Ohio, Kentucky, or Indiana State Nursing Boards and you have criminal convictions, you need to speak with a nurse license defense attorney. 

I spoke with a gentleman that had a number of misdemeanor convictions (DV, assault, stalking) and a felony charge which was pled to a misdemeanor. He was considering nursing school. I advised him (in a consultation and after reviewing his criminal case docs) that paying $45,000 to attend nursing school when he would have issues with not only licensure but also employability wasn't a good ROI (return on the investment).

Why not obtain training in another field where you don't have these issues? I know everyone wants to be a nurse but nursing is not for everyone. Yes, I said it.

Don't listen to your probation officer who recommends nursing!

Don't listen to your parole officer who recommends nursing!

Don't listen to your friends and family who tell you "everything is going to be okay because you changed and you are different person now" from who you were 1, 2, 3, 4, 5, 6, 10, or 15 days, weeks, months, or years ago.  

Don't listen to your nursing school instructors and faculty who tell you to focus on your coursework and worry about the State Nursing Board license after you graduate with $50K in student loans.

Speak with a nurse license defense attorney NOW not later you Now and Later. http://www.oldtimecandy.com/now-later.htm  

Did you know NCLEX Applicants comprise the highest percentage of Ohio Board of Nursing complaints now? See page 12 at http://www.nursing.ohio.gov/PDFS/2007AnnualRpt.pdf.

I am seeing more and more cases with NCLEX Applicants who were told "its going to be okay, just submit your letters of recommendation and support" and "the Board will give you a license." Really?

Comments

[LaTonia]

Two years behind in investigations!! Wow, is Big Texas going California now?

[Marc]

Amen, sister!

Texas just proposed some new rules related to re-entry to practice and one of the additions to the rules was a provision that if a former licensee has a conviction, pleads nolo contendre, was on felony probation, etc., then the Texas Board of Nursing is going to require a completed investigation BEFORE they will grant the temporary permit so a nurse might take the refresher class required for reactivation. And since the Board investigators are roughly TWO YEARS behind in terms of investigations (I spoke with one yesterday who said they are working on complaints from 2008), I wouldn't anticipate any action occurring soon. So consulting a license defense attorney sooner rather than later is definitely advisable in all of these situations.

Marc