When a Registered Nurse is accused of misconduct, either by law enforcement or through a hospital complaint, the common “first step” from the Board of Registered Nursing is to send the RN a letter offering the chance to participate in the Board’s Intervention Program.  Previously referred to as the “Diversion program,” the Board of Registered Nursing has a contract with a third-party company, Maximus, who runs the “Intervention Program”.

There are several considerations to be aware of if you receive a letter from the California Board of Registered Nursing regarding the Intervention Program.  First of all, the letter stresses, in capital letters, that the program is VOLUNTARY and CONFIDENTIAL.  The voluntary part is true, but only the decision to enter the program is voluntary. Once you enter the Intervention Program, you are required to complete it.  Leaving the program is “voluntary,” but Maximus has the authority to declare a registered nurse to be a “public risk” if she fails to complete the program.  The program is also only “confidential” if you complete it.  Failure to complete diversion/intervention makes the entire process subject to public review if the Board of Registered Nursing files an Accusation.

Second of all, the letter stresses that an investigation “may be ongoing,” but points out that if the nurse completes diversion successfully, he or she won’t be disciplined by the California Board of Registered Nursing.  However, completing intervention/diversion successfully requires signing a contract with the third-party provider, Maximus, which requires full compliance with every element of the program.  This can include agreeing to stop working immediately, entering inpatient rehab, mandatory drug and alcohol testing, mandatory group therapy, mandatory meetings, and a time commitment of up to five years in the program.  Obviously, these rehabilitative steps are important for any nurse who struggles with mental illness or addiction.  For a nurse who does not identify as a substance abuser, these steps can be arduous and without profit.  If the requirements of the program are not met, the nurse will be kicked out of the Intervention Program.

The consequences of being kicked out of the Intervention Program are severe.  The nurse can be labeled a public health risk, and that label will be attached to the nurse in any subsequent disciplinary proceeding initiated by the BRN.  In addition, if the nurse is terminated from the Intervention Program, she/he returns to the same position as before the Program was entered—meaning that any investigation that might have been contemplated before the Program will be resumed and completed.

When Intervention or Diversion is offered by the California Board of Registered Nursing, is it critical that the nurse evaluate his or her options completely, including consulting with a California nursing license defense attorney to discover the reason the Board is concerned about the nurse, the nurse’s ability to comply with the Program, and the probable consequences to the nurse if an investigation is launched against the license.  Often, the best court of action for our clients is to vigorously defend themselves against an investigation, rather than try to avoid it through entry into an Intervention Program that they may not be suitable to complete.  Our lawyers consult with registered nurses regularly to consider the offer of the Intervention Program.  Contact our nurse license defense lawyers today for a legal consultation regarding a BRN nurse investigation.

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