If a nurse receives an Agreed Order from the Texas Board of Nursing it is a disciplinary action and will forever be on the nurse's license (unless some future legislation allows for this to be changed). Even though the nurse has completed the probation/restrictions/stipulations and the nurse's license is now active and clear, the nurse will have a disciplinary history. This means that if the nurse is applying for a job and on the application is a question - "Has your license ever been sanctioned, disciplined, revoked, suspended or otherwise had action taken against it?"(or some similar type of question), the nurse will have to answer "yes."
The nurse should keep a copy of the Order and of the letter from the Board indicating that the Order has been completed and be prepared to present this to the employer.
Tuesday, July 28, 2009
How to Explain past Board Orders to Employers
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21 comments:
Does the order have to be presented to the Board after probation has been completed or is it just mailed to you to sign?
Your question is confusing, but I will try to answer: The Board sends you the Final Order after you have signed it, it has been approved by the Board and the Executive Director signs it. This Final Order is what is presented to employers while under the restrictions/stipulations of the Order and what you need to keep in your file in case any future employers ask you about past disciplinary actions. Once you have completed the restrictions/stipulations, the Board will send you a letter informing you that you have completed the Order.
I was put on BO 3 years ago. Due to a clerical error my UA's did not commence with BO. I have completed all stips (3years work as a nurse, meetings, employer evaluation, etc. except UA's. I am still encumbered since, as stated in BO, I have not done 3 yrs ua's. Can the board continue to encumber me until 3 years of UA's done? If all other stips were met can they make them continue until ua's done, even though BO only covers 3 years?
The Board Orders are complete once the stipulations have been met and once the time period has run. If the time period is significant for the screens to be completed, you should ask the Board if you will have to continue the other stipulations or if they will be deemed completed.
I nuderstand the concept although in any court of law you can have records removed by an attorney.Why is this different? If the allegations do not apply to practice and happened 40 yrs ago
Expungement or sealing of records does not apply to administrative law, only criminal law. There has been discussion that legislation allowing for this needs to be lobbied for, but so far nothing.
The BON applies its rules broadly to many different areas of criminal incidents because they believe that almost any criminal activity can impact one's nursing practice.
it does not seem to matter what u do to keep your license i have found that no one will hire u with disicipline action that has ever been taken, not even in a drs office its been three yrs ago and i am still trying thinking that as healthcare proffessionals suppose to help people that we areselves deserve a break. also
This is an ongoing problem especially in this economy. Some employers are refusing to hire a nurse no matter what the basis for the Order. Most nurses cannot afford to fight an Order in court or the facts are such that there is a definite violation. I think nurses should contact their state senators and representatives and ask them to make some changes for the next legislative session in 2011: expand the corrective action provisions to apply to minor practice violations, allow non-public orders for mental health issues and substance abuse (these are diseases, so why allow the publicity?),allow deferred adjudications to be just that and not be considered a conviction by the BON, and change the language in the NPA from shall to may to allow the BON leeway to make determinations based on mitigating factors. As 2010 progresses, I will probably think of more...
You represented in my BNE case. I have stipulations of classes and working for 1 year in a clinical setting. My background is ICU/ER. I can no longer work in a clinical setting do to disease and meds. What do I do. Is it possible I can work in Home Health or some other clerical/rn setting.
You need to call me because there may be some steps we can take to modify your Order.
The BON has taken my life. I completed the BO from a 2006 complaint. and then vol surrendered my license because I had been gone from Texas for over a year and was not returning. The order was handed down last year finally. The board often gave an verbal account to the state I am in now causing them to deny me, but my original state required more info from them and the important info, such as patient harm, theft, criminal, abuse, fraud, pattern, and when the alleged misconducted happened and the answers were all NO. SO I have my license, so now the BON notified the OIG and reported revocation, which is so untrue, and now I may be Excluded Federally, also I seem to be punished for not wanting a TX license any longer. I completed the course and paid the fine and it was declined because I surrendered. None of this was made clear to me until ALL deadlines had passed. I was told to hire Ms. Mackay to help me. If she can't help, then I am a nurse no more.
I obtained my license in October after finally receiving my authorization to test from the board. Passed exam on the first try and been looking for employment since. I have stips on my license that expire 24 months after I obtain and hold employment. The stips are based on a case from 3 years ago in which I completed deferred adjudicated probation for. I have had MANY interviews, even had the help of the program director from my school. Letters of recommendation have been sent by past instructors as well as the program director; still NO job offers. I have an abundance of networks that have also gotten me nowhere. I feel so stuck. Will I EVER be able to begin my career?! My stips almost seem like a guarantee to employers...must stay for a minimum of 2 years, work full time, hold only one nursing job during probation period, update Board with my progress every 3 months...no drug testing or anything involving substance abuse. How can I overcome this slump I'm in?
There are some options available to try to help your situation of not being able to find a job, but they are not always successful and you have to show a documented inability to find work.
What would these options be and how would I obtain documented proof that I have not been able to secure employment? I have tried reaching my monitor for assistance but she rarely returns my calls.
Please contact one of the lawyers in our firm and we can explain the options to you.
www.nursingattorney.com
Can the stipulation of working under another RN be changed? If a facility has an administrator (that is not a RN) that will be overseeing you?
The Texas BON typically wants RN (or if a LVN, then either RN or LVN) supervision. However, depending on the facts of the allegations or working situation, the Board has on rare occasions approved a physician to supervise, but I do not know of any case where a non-nurse has been approved. Since the stated reason for the supervision requirement is that the nurse have a resource person available for questions and so that person can quarterly report on the nurse's status, a non-nurse would not seem to fit what the Board wants. You can always ask to be sure.
If dwi cases are dismissed does the board still impose stipulations?
Whether the Board takes disciplinary action depends on many variables, but a quick easy answer is the Board does not tend to take action based on one episode of a DWI. Caution-one must be careful in answering the questions posed by the Board and careful with the explanation provided to the Board.
Aug. 2010 I just found out I had an Agreed Order from Tx BON. This action happen 1992. Over the years I have never found any actions against my license nor have employers who hired me. I applied for license in another state answered "no" to disciplinary history now facing a fine and discipline action. I don't want this blemish, looking for legal help or should I just sign it.
I can't give you advice on whether to agree to proposed disciplinary action; you should contact an administrative lawyer in the state where you are practicing.
Agreed Orders in Texas require your signature. Agreed Orders are settlement agreements; a way to avoid further costs associated with fighting the Board's allegations without agreeing the allegations are correct. So, the first question you have to check on is whether you signed the Agreed Order.
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