Law Office of John Hutto
PO Box 113
Florence, AL 35631
United States
ph: 256-335-4425
fax: 888-897-4082
johnhutt
Alabama Board of Nursing Probation Attorney:
Is your nursing license currently on probation with the Alabama Board of Nursing? Have you been requested to sign a Consent Order with the Alabama Board of Nursing that includes probation? If so, you need to fully understand the terms of probation before signing any Consent Order. If you are currently on probation, you need to make sure you fully understand the terms of your probation to ensure compliance and avoid further disciplinary sanctions. John Hutto, Attorney represents nurses throughout Alabama who either are currently own probation or are facing probation in a disciplinary proceeding before the Alabama Board of Nursing.
Have you been contacted by the Alabama Board of Nursing requesting you sign a Consent Order that includes probation? Are you currently on probation and the Board has charged you with violating the terms of your probation and presented you with a subsequent Consent Order or filed a formal statement of charges and scheduled an administrative hearing? If so, you need to call John Hutto, Nursing Probation Defense Attorney. Mr. Hutto is a Nurse Attorney. He represents nurses across Alabama in actions involving the Alabama Board of Nursing. For Nurses, professionally speaking, there's hardly anything RN’s LPN’s and APN's fear more than a disciplinary notice from the Alabama Board of Nursing. After all, most nurses are hard-working dedicated professionals performing demanding jobs often under demanding working conditions.
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With your livelihood and reputation at stake, don’t enter into a potential disciplinary action without the representation of an experienced nursing license defense attorney. John Hutto is prepared to provide sound legal advice and assistance throughout your case so that you are backed by the best defense possible. The Law Office of John Hutto, represents nurses throughout Alabama who are facing investigations, disciplinary actions including suspension and revocation proceedings with the Alabama Board of Nursing. Contact John Hutto, Alabama Nursing License Defense Attorney, for a free initial consultation with experienced, nursing license defense lawyer John Hutto. Call (256) 335-4425 or email at johnhuttoattorney@yahoo.com or fill out and submit the free consult request form and Mr. Hutto will be in contact with you soon.
Nursing License Probation in Alabama: Common Mistakes Nurses Make.
Is your nursing license currently on probation with the Alabama Board of Nursing? Have you been requested to sign a Consent Order with the Alabama Board of Nursing that includes probation? If so, you need to fully understand the terms of probation before signing any Consent Order. If you are currently on probation, you need to make sure you fully understand the terms of your probation to ensure compliance and avoid further disciplinary sanctions. All forms of probation encumber your nursing license in certain ways until the probation is lifted and understanding these encumbrances and restrictions is key to being able to successfully complete the terms of probation and thus having the restrictions on your license lifted.
Often the Alabama Board of Nursing will impose a period of standard probation which requires the nurse to meet certain requirements for a certain period of time (typically 12-60 months). Among other things and in addition to fine and required continuing education requirement’s, during the probation period the nurse is typically prohibited from working as a supervising nurse and may not work for a nurse registry, travel nurse agency, nursing float pool, hospice, home health agency, locum tenens, or be self-employed. Additionally, the nurse typically must work a minimum of 96 hours a month in a suitable nursing position in order for that month to count off the probation term. The nurse must have a licensed health care professional in good standing with their Board (often their nurse manager or supervisor) agree to act as their on-site employment monitor. The nurse must also fill out and submit monthly self-reports via the Board’s website and the employer must fill out and submit quarterly reports on behalf of the nurse during the period of probation.
In addition to the above when the disciplinary action is based on possible drug diversion or substance abuse issues, the Board often imposes additional sanctions such as suspension of the nursing license until the nurse undergoes a comprehensive 5-day evaluation at a Board approved provider and completion of any recommended treatment followed by a period of probation typically for a period of 60 months if treatment was recommended and 12-24 months if no treatment was recommended. In addition to the standard probation requirements, this type of probation among includes random monthly drug screens, complete abstinence from drugs and alcohol, primary care physician and dentist information on file with the Board, restricted access to controlled drugs until approved by the Board, etc. Again these restrictions are in addition to the restrictions of standard probation such as payment of fines, completion of continuing education classes and being prohibited from working as a supervising nurse and may not work for a nurse registry, travel nurse agency, nursing float pool, hospice, home health agency, locum tenens, or be self-employed. Additionally, the nurse typically must work a minimum of 96 hours a month in a suitable nursing position in order for that month to count off the probation term. The nurse must have a licensed health care professional in good standing with their Board (often their nurse manager or supervisor) agree to act as their on-site employment monitor. The nurse must also fill out and submit monthly self-reports via the Board’s website and the employer must fill out and submit quarterly reports on behalf of the nurse during the period of probation.
The remaining type of probation is known as “conditions met” probation and is often the preferred type of probation. Under conditions met probation, the nurses license is on probation until the nurse meets certain conditions which typically included payment of a fine, completion of continuing education, and having their employer or nursing school sign and return the employer notification of receipt of board order (which is required at all levels of disciplinary actions). Once the nurse has met these terms, the Board will release the nurse from probation and they resort to having a fully unencumbered nursing license. A nurse who proactively completes the continuing education classes, pays the fine as soon as the Board issues the Final Board Order (the nurse must wait until the Board issues the Final Board Order before paying the fine, but they can complete the continuing education classes before the Board issues the Final Board Order), and promptly has their employer or nursing school sign and return the Employer Notification of Receipt of Board Order to the Board of Nursing can essentially officially released from the probation in as little as little as 5-7 days.
Common Mistakes Nurses Make During Probation:
Common Mistake Number 1: Not fully following the terms of Probation:
Often nurses fail to consistently complete the required monthly self-reports online. This is a relatively easy requirement, but often times nurses fail to timely complete the monthly self-reports. In the same area, nurses sometimes fail to ensure their employers submit the quarterly employer reports on time. Although the employer must submit these forms, it is the nurse’s responsibility to follow up with employers to ensure the quarterly employer reports are submitted on time.
Common Mistake Number 2:
Failing to comply with the required employment stipulations. Aside from conditions met probation, nurses are required to work in a suitable nursing position for a minimal of 96 hours a month in order for that month to count off the probation term. Often a nurse who is unemployed going into probation will fail to prioritize finding a suitable nursing position and thus not have those months count off the probation term. For example, a nurse who is on 12 months’ probation is required to work a minimal of 96 hours a month in order for that month to count off the probation term. Sometimes nurses will comply with every aspect of probation except the required employed and be told at the end of the 12 months that they still are on 12 months’ probation because they did not work as a nurse during the preceding 12 months. If the nurse had been employed in a suitable nursing position for a minimal of 96 hours a month for 9 of the 12 proceeding months, they would only be required to complete 3 additional months of probation in a suitable nursing position. The Board is typically unyielding in this requirement and therefore it is extremely important that the nurse maintain suitable nursing employment for the required time during probation.
Common Mistake Number 3:
For nurses whose probation requires random drug screens, failing to check in with the testing facility as required, taking unauthorized substances, failing to provide the Board with the name and contact information for their primary physician and dentist are all common easily avoidable mistakes.
Attempting to time the drug screens is another mistake nurses make. For instance, if a nurse is just drug tested, they may wrongly believe they may not be tested again for 3-4 weeks and go out with friends and have drinks only to be flagged for a drug screen the next day. The drug screen dates are designed to prevent timing of the test. Thus, failing to maintain 100% abstinence from all forms of alcohol and unauthorized drugs or medications and subsequently failing a drug test is common and often leads to additional sanctions.
Making sure you fully understand the terms of your probation along with careful compliance with all the terms of the Final Board Order is key to completing the probation and regaining a fully unencumbered nursing license.
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Proudly representing nurses throughout the state of Alabama including the following counties and surrounding areas:
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Copyright 2009 Law Office of John Hutto. All rights reserved.
Law Office of John Hutto
PO Box 113
Florence, AL 35631
United States
ph: 256-335-4425
fax: 888-897-4082
johnhutt