nurse from illinois needs advice

[kmsrn]

hi,
if im on probation, will i lose my current job for something that i did at a previous employer? after reading some of the threads, finding a job, with probation on my record will be impossible. i dont know how this works in illinois, where i hold my licences, and i hope someone from illinois is out there that i can get advice from. i havent lost my licences yet, im in the process of getting a lawyer this week for court next week, for diverting vicodin. if i get probation, and make an agreement with the board, i will probably lose my job that i have now, right? or do I have some job protection? im completly scared out of my mind, please help. kms

[hppygr8ful]

Originally Posted by kmsrn

hi,
if im on probation, will i lose my current job for something that i did at a previous employer? after reading some of the threads, finding a job, with probation on my record will be impossible. i dont know how this works in illinois, where i hold my licences, and i hope someone from illinois is out there that i can get advice from. i havent lost my licences yet, im in the process of getting a lawyer this week for court next week, for diverting vicodin. if i get probation, and make an agreement with the board, i will probably lose my job that i have now, right? or do I have some job protection? im completly scared out of my mind, please help. kms

I'm not sure how it works in IL but if you are a Union nurse and your offense has nothing to do with your current employment and you are seeking treatment etc.... I would talk to your union rep - That's what you pay dues for. I know some employer's will keep you on but it depends largly on what restictions are placed on your practice and what your employer is willing to do for you.

Good luck and don't forget you are not alone!

Peace and Namaste

Hppygr8ful

[whome3]

kms,

Are you referring to court ordered probation is, the criminal justince system>> Or probation from the BON??

It sounds like the BON is not involved but if this charge is due to diverting meds at work, that employer should have filed a complaint to the BON...

I am from IL... will try to give you some answers but need more info

[dlf2007]

If you were reported for diverting, you will likely lose your license and job, and have to either a) enter the BON's diversion program or b) surrender your license all-together. If you enter the diversion program, you'll probably have restrictions for a period of time before you can start practicing again. Lawyer or not, I haven't seen anyone NOT have to get involved with the BON.

[hppygr8ful]

In almost all cases where narcotics diversion occurred and charges were filed the BON always gets involved. Why because there is a public safety issue. The BON is in place to insure public safety. The process varies from state to state but in most cases there are two scenarios for nurses in your situation.

1.) You "volunteer" yourself into a monitoring program that will include some kind of mandated treatment (which you pay for), daily 12 step attendance, monitored practice with gradual return of privileges over 2-3 years, and mandatory UDS for the same period. Most require a minimum of 24months continuous sobriety to graduate.

2.) You license will be revoked. Then there is a hearing before the Attorney Generalto have a "Stay if revocation" If this is granted the previous plan again falls into place - but you will still have a criminal record and "mark" on your license.

IF you are on court ordered probabtion - that is totally different than anything the BON may choose to do. Most nurses I know in your situation and I was one myself have found that a lawyer is mostly a waste of money ( that you will sorely need if you have to be off work for a period)

Bear in mind that many nurses go through this and many do recover and go back to the work they love. Concentrate on your recovery, trust in your Higjher Power and all else will fall into place.

Peace and Namaste

Hppygr8ful

[whome3]

Please be aware that the replies you are receiving are not totally accurate for your specific case, and the IL BON.

I support the idea that nurses can learn that they will be offered some options and that they are not alone in their addiction, but I get concerned when I read answers that give inaccurate answers to nurses because they are based on specific experience and don't apply to other states.

The only consistant thing in BON actions is that ALL states are different, and what one nurse found in IL will not be the same for nurses in the other 49 states.

I do know that in IL, that there is no alternate program, and they don't revoke or suspend licenses for diverting complaints. They do require monitoring and have requirements that must be followed once you meet with the BON and discuss your case.

Again, not sure whether your lawyer was for a criminal charge, or for BON representation, but in either case, I really disagree with the previous comment stating that lawyers are a waste of money...

[cougarnurse]

IL does have the PANN network. Here is the link: Illinois Nurses Association

Perhaps they may have some pertinant info?!

[whome3]

PANN was a big part of my recovery, however, they have resources and nurse support groups. But they are not involved with the BON disciplinary process and are NOT an alternative to discipline group

[hppygr8ful]

Originally Posted by whome3

Please be aware that the replies you are receiving are not totally accurate for your specific case, and the IL BON.

I support the idea that nurses can learn that they will be offered some options and that they are not alone in their addiction, but I get concerned when I read answers that give inaccurate answers to nurses because they are based on specific experience and don't apply to other states.

The only consistant thing in BON actions is that ALL states are different, and what one nurse found in IL will not be the same for nurses in the other 49 states.

I do know that in IL, that there is no alternate program, and they don't revoke or suspend licenses for diverting complaints. They do require monitoring and have requirements that must be followed once you meet with the BON and discuss your case.

Again, not sure whether your lawyer was for a criminal charge, or for BON representation, but in either case, I really disagree with the previous comment stating that lawyers are a waste of money...

Let me clarify that I did not say that lawyers are a waste of money what I did say was that most nurses I know myself included did not find a lawyer useful in dealing with the BON. Many, myself included spent thousands of dollars only to be "advised" by those same lawyers that our only option for keeping our license was to follow the BON stipulations. My own case involved no criminal charges or narcotics diversion. " I stole Benadryl to kill myself." The laywer who was supposed to be my advocate did nothing for me. In fact he wouldn't even pursue the HIPPA violation that occurred in the ER that led to my being classified as an impaired nurse.

Although today I am grateful for that same violation at the time it seemed my right to privacy had been violated and there was legal precedent for my case.

On the other hand where criminal charges are concerned Lawyers can be most helpful in one case a nurse I knew was able to avoid criminal prosecution and court ordered treatment when her lawyer advocated that the stipulations Of the California Diversion program were in fact more stringent than the criminal probation being proposed.

I also stated in my reply that programs vary from state to state. I have talked to nurses all over the country and most of them state the BONs operate in essentially the same manner with a few exceptions.

IF you have criminal charges against you, you absolutely need a lawyer but the bottom line for saving your license is that you will have to follow whatever program your state BON has.

I would love to hear from more nurses from more states here as it would be helpful to be able to compare state to state how programs differ and how they are the same."

Peace and Namaste

Hppygr8ful

[whome3]

Originally Posted by hppygr8ful

Let me clarify that I did not say that lawyers are a waste of money what I did say was that most nurses I know myself included did not find a lawyer useful in dealing with the BON. Many, myself included spent thousands of dollars only to be "advised" by those same lawyers that our only option for keeping our license was to follow the BON stipulations. My own case involved no criminal charges or narcotics diversion. " I stole Benadryl to kill myself." The laywer who was supposed to be my advocate did nothing for me. In fact he wouldn't even pursue the HIPPA violation that occurred in the ER that led to my being classified as an impaired nurse.

Peace and Namaste

Hppygr8ful

While I respect others views, I don't have to agree with them, and I still maintain that it is untrue that in most situations with the BON, lawyers are not beneficial.
I agree with this ONLY IF there are no criminal charges and IF the nurse admits to needing help and IF sheagrees to be monitored and IF she understands what is involved in the contract.

I hsve known too many who did not really grasp the whole process and acted out of fear and threats instead. The use of a lawyer would have prevented this, and would have made sure that the nurse was aware of what was required and what would be expected of them and also clarifying it all. If there is something that they oppose, or question the [urpose of, it is possible for them to make changes or even to omit it. I have heard cases where this happened, and was not a waste of money.

Common sense says that the lawyer must be experienced and knowledgable of BON policies and that the nurse makes sure of this. They must make sure the lawyer is an administrative lawyer with health law background and has worked on BON cases with good results/ I have seen too many cases where the lawyer was not the above, and had no clue what was involved and ended up being useless.