Too late for an attorney? What are my rights?

[Autumn_Sunset]

:confused: I need to find out what my rights are even though I waited over a year. Reason for wait being I didn't understand how unjust the NCBON can be. I took a med precribed for someone else, given to me for a tooth abcess. I was not working at the time and had no insurance and can honestly say that I don't like going to the dentist. I took a DS for a job I had applied for and the drug of course showed up and I thought once I explained my circumstances it would all be cleared up. Not the case, I went for my appt. with the NCBON and was told the only way to keep my license was to see an addictionologist and enter the illicit drug program. Not knowing what else to do and being extremely upset I signed the papers and proceeded to do what I was told. When I first began to test I has 2 dilute spec. d/t caffeine (coffee), I explained this and continued in the program for approx. 8 months( the program lasts 1 year and you are required to work that full year, however, I couldn't seem to find anyone that would hire me after I explained my situation, go figure, it seems if you are working and have a pos. DS you have a better chance of remaining employeed) anyway, I had to test once a week for 2 weeks prior to our vacation and ran out of COC forms and reordered. I went on vacation thinking I surely wouldn't be chosen to test again for the 1 week we were in WI, well, I forgot to call the first monday I was there and when I called on the following tuesday I was chosen to test (please remember I have no forms, hadn't arrived in the mail before leaving) and susequently every day after I called and was chosen to test, I didn't go prepared for this and had no telephone #'s or info. for contacting anyone, plus whether right or wrong I was angry at being treated like a criminal over one pill, I returned from vacation and sent my license to the board promtly and with a letter stating my disappoinment at their system in believing guilty before proven.
I behaved irrationally.
I have since requested info. on obtaining my license again and for a hearing before the board the only thing I received was a long list of requirements and no response to my request for a hearing. I don't know if I even have a right after having signed papers and agreeing to go thru their program, but have since come to the decision that I deserve to be heard and if all this fails to prove my innocence then it wasn't meant to be. I'm not even sure where to begin or what type of lawyer to hire?????? I did scour the NCBON website and found nothing useful.
I am finally beginning to come out of the fog and depression that this entire mess started. My integrity has always been important to me and the situation took that away along with a job that I took pride in and enjoyed every day of my working life. :mad:
Please, any info would be helpful.

[SoldierNurse]

My thoughts; It is almost never too late for a lawyer. Usually, you can get an hour consultation at no charge. Then, if the lawyer says s/he can take the case the fee is discussed. Regards to type of lawyer you need I don't have a clue. Check the yellow pages and start calling around.

Good luck!

[hppygr8ful]

Well I have to say that the ncbon program sounds pretty easy considering that in California the program is 3-5years and you can't work for 9 to 18 months then it's all graduated - nonpt care, pt care, then narc access , then charge etc....
If what you say is true then and you do not have a substance abuse problem (and I'm not saying you do) the incident that led to your situation did involved an illegal act of taking a controlled subtance not prescribed for you.
There are lots of ways for people who aren't working to get treatment even without insurance. Dental schools do a lot of work for free.

Anyway it's never too late to get a lawyer - but it might be hard to prove your case since you voluntarily reliinquished your license. you can get a hearing for reinstatement but it can take up to a year to get one it's pretty much a hurry up and wait situation, and if your license is restored you will probably still have to complete a recovery program before you get off probation.

It's a process and you just have to do it to get through it. I am currently into my third year of a diversion program and I know that fighting the contract will not get me anywhere - I just have to follow direction and comply.

Peace and namaste

hppy

[Autumn_Sunset]

I realize that either I admit defeat and follow the rules no matter how unjust I believe them to be or move on and start a new career. I also realize how difficult it can be to get ppl to believe your innocence when they don't know you or anything about you. I am thankful for the response to my dilemna and send everyone best wishes for w/e situation they may find themselves in and I will try to find my patience and understanding of their point of view. I am still trying to find an attorney....

[SoldierNurse]

Autumn_Sunset,

Glad you decided to seek out an attorney for advisement on your situtaion.

:luck:

[gin]

I guess I don't see the unjustment in the BON decisions. They have a right to protect the general public. If you took a drug that was not prescibed to you then yes they had concern.You cannot even begin to get through this until you recognize that you caused the concern and admit to it. Quite blaming everyone and everthing in the way for getting your life back as a nurse. No one is doing anything wrong but you. Your license is your life as a nurse. You cannot explain why or how it happened and think it's okay. YOU DID IT! now get on with getting it back. A lawyer may not tell you step by step how to do it but they will probably tell you to admit to the wrong doing and ask for the steps to get it back. Then your job is to do it......Don't think you can go to another state or take a vacation without attending to this business.

[nurse1stik]

You will have to do all the work and be drug free to get your license back. Gin is right that they have to protect the public. Yes, drug testing can go wrong.. But, with all the ppl they deal with... The test is all they can go by and they don't know you at all. I hear most people can get back into doing what they want. But, it is a hard working process with alot of rules. Just like workin.....hahaha But you can take a vacation if you want too. just do the work too :luck:

[cristina01]

I get worried for my family and myself when read something like this. I really feel very strongly about and have been searching for a good attorney and legal consultation firm for some time now. Thanks for sharing this.
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[sassysissy]

I am in NC, from what I understand the board here is pretty tough. I am greatfull I was stopped...there I said it. I had the problem and wanted to blame every one and any one. I have to do as they say and pay what they say to pay. IT IS WHAT IT IS...SORRY.