Nursing License Reinstatement Challenges

Summary

Donna, a former nurse, surrendered her nursing license in 2020 due to a substance abuse issue. She has since recovered but has not applied for license reinstatement due to the stringent requirements of the Pennsylvania discipline board. She lost a job offer from CVS Pharmacy due to a damaging letter from a doctor and numerous board violations appearing in her background checks. She is now concerned about a similar situation with a new job offer from ASK Consulting. She is considering filing for unemployment and seeking jobs that dont require background checks. She is also contemplating seeking legal advice regarding potential discrimination.

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It's an employment matter
Could you please provide more details about the employment issue you're facing?
I voluntarily surrendered my nursing license in *, after a problem I had that I have since rectified.
What steps have you taken to rectify the problem that led to the surrender of your license?
I suffered from a substance abuse issue in which I went to treatment for and that's when I also entered recovery. I have not applied to have my nsg license renewed
Have you completed any state-required steps for license reinstatement after substance abuse recovery in Pennsylvania?
No
What is the reason for not completing the state-required steps for license reinstatement in Pennsylvania?
I don't believe I would be able to meet all the requirements of the discipline board
What specific requirements of the discipline board do you believe you would not be able to meet?
You can be chosen by random to submit to a drug screening. Which you would think if I'm in recovery, I wouldn't worry. That is true. However, you MUST go to the place THEY tell you to go. It could be local or even out of state.
Are you concerned about the potential inconvenience or cost of traveling for these drug screenings?

In Pennsylvania, the State Board of Nursing may require random drug screenings as part of a disciplinary action. This is to ensure public safety and the nurse's continued recovery.
You MUST submit to the TYPE of test they want. AND be able to pay for it.
What type of test are you referring to and what is the estimated cost that you are concerned about?

In Pennsylvania, the cost of drug screenings can vary depending on the type of test.
I drove to Philadelphia from my treatment program. Paid tolls, paid for parking in the city. I was at the testing location for * hours. Turns out they ordered a hair test. So not only did I get a lot of my hair cut off but a bill payable asap- for $*
What is the name of the testing facility that conducted the hair test?
I honestly can't remember.
Do you have any documentation or emails related to this testing that might have the name of the facility?
No this was some time ago, sorry about that
What steps are you considering to take next regarding your nursing license reinstatement?
I'm trying to establish full time work from home. This way I'll have a set schedule and will now be able to fully participate in the PNAP program. Pennsylvania Nurse Assistance Program
What kind of support or accommodations are you seeking from your employer to help you participate in the PNAP program?
Well I'm not employed yet... which is why I wanted to talk to you about as well
What kind of job are you looking for and do you have any concerns about potential legal issues during your job search?
I signed an employment offer yesterday. What I'm afraid of is losing this job too before I even get started. That's what happened a month ago. I was offered employment by CVS Pharmacy.NO licensure was required.
What happened with the CVS Pharmacy job that makes you concerned about your current employment offer?
My background check revealed a very personal and damaging letter from a Dr. the Board of Nsg sent me to back in *.
What was the content of the letter and how did it affect your employment with CVS Pharmacy?
And every time I wasn't able to make my mandated drug screening, that added another "Violation of the Board's Order
What was the consequence of these "Violations of the Board's Order" on your employment with CVS Pharmacy?
The letter from the Dr. said that I suffer from a very serious and lengthy addiction to Benzodiazpines and Alcohol and that I was considered "Unsafe to Practice". But there's no date on the letter as it showed up on the background check that CVS did I feel very strongly that I was discriminated against. Not to sound so dramatic.
Did CVS provide a reason for rescinding the job offer? In Pennsylvania, employers can't discriminate based on disability, which includes past drug addiction.
In-between time, I completed 4 years of Recovery Court, in Gloucester County, NJ. And it is known to be the most difficult drug rehab program in the statestate.gotcriminal history expunged.
What was the reason given by CVS for rescinding your job offer after the background check?
Because I had "issues with my nsg license" what was exactly what they said. They did not give me a chance to explain or even validate the issue.
What steps have you taken since CVS rescinded the job offer? Have you considered seeking legal advice regarding potential discrimination?
I just moved onto the next job.
What is the nature of the new job you have moved onto and do you foresee any similar issues arising with this employer?
And no, I haven't spoken with an attorney until now because it was bothering me.
What is the nature of the new job you have accepted and do you foresee any similar issues arising with this employer?
The new job is doing pretty much the same thing. It's working from home doing health insurance paperwork
What is the name of the company you will be working for and do they require a background check?
And I do forsee this as being a problem with the new job
What specific concerns do you have about the background check for your new job?
I mean, I'm not patting myself on the back but I overcame something that was meant to kill me. I didn't die a statistic. I busted my butt and jumped through many hoops for my recovery. And now, this? This info on my background check is career suicide
What is the name of the company you will be working for?
ASK Consulting
What specific concerns do you have about the background check with ASK Consulting?
That the letter from the Dr. affirming my hopeless addiction from 7 years ago will show up on my background check again
What steps have you taken to address this concern with your potential employer, ASK Consulting?
I haven't said a word but I'm thinking it would be a good idea if I just came right out and tell them the truth
What specific information are you considering sharing with ASK Consulting about your past addiction and recovery?
My recovery is on a need to know basis. I am no longer afflicted with the disease and haven't been in a long time. It's also a personal thing. I try to keep my personal life and professional life separate
What is your plan if the same issue arises with ASK Consulting during the background check?
I'm not sure. I think that's why I decided to seek help on the issue
What specific legal advice are you seeking regarding your situation with ASK Consulting and your past addiction recovery?
Do you think I have a discrimination case?
What was the exact reason given by CVS Pharmacy for rescinding your job offer?
Because I "had issues with my nursing license"
What specific issues with your nursing license did CVS Pharmacy refer to when they rescinded your job offer?
The lady just told me that when certain boxes are checked on the background report, they just can't continue with employment
What were the "certain boxes" that were checked on the background report according to the lady from CVS Pharmacy?
I don't know I assume there's a specific format that they get the results back on and apparently my surrendering my license filled a couple 'boxes' and if those boxes come back with negative information they cannot extend the offer any longer
What was the negative information that came back in the background check?
The damaging letter from the Dr. The Nsg board sent me too. The one that starts out, **** **** has an extensive history of Benzo/Alcohol abuse and is not safe to practice nursing
What specific information was included in the letter from the doctor that you believe led to the rescinding of your job offer?
And all the times I wasn't able to make it (or afford it) to the random drug screens, there's an entry for every time and it is on my background check as numerous violations of board order
What was the nature of the job at CVS Pharmacy and did it require a nursing license?
It was a remote position, processing medical insurance documents. And no, no license was required
What was the reason given by ASK Consulting for rescinding your job offer?
They haven't received my background check yet
What is the timeline for ASK Consulting to receive your background check?
In a few days
What steps have you taken to prepare for the potential outcome of the background check with ASK Consulting?
I guess I've reached out to someone to see if I have a case and maybe if it can be done, I would like for someone to help me in possibly getting the documents removed from my record
What specific documents are you referring to that you would like to have removed from your record?
The letter from the Dr and all the board violations
What steps have you taken so far to have these documents removed from your record?
None
What is the nature of the job at ASK Consulting and does it require a nursing license?
Insurance documents and no, no license is required
What is the exact job title and description for the position at ASK Consulting?
Prior-Authorization Specialist
What are the job responsibilities of a Prior-Authorization Specialist at ASK Consulting?
- Obtain all required clinical documentation to submit to the Insurance Company for authorization of medical equipment
What is your plan if the same issue arises with ASK Consulting during the background check?
I don't know
What specific steps have you taken to prepare for the potential outcome of the background check with ASK Consulting?
I'm going to have to file for unemployment
What is the reason you believe you'll have to file for unemployment?
Because without a job I can't pay my bills
What steps have you taken to secure your financial stability while you navigate this employment issue?
None
What specific steps are you considering to secure your financial stability while you navigate this employment issue?
I'll see if I can find a job that doesn't do background checks
What type of jobs are you considering that don't require background checks?
Warehouse positions
What concerns do you have about working in warehouse positions given your previous experience and skills?
Just the lower pay
What is the minimum wage you are willing to accept for a job? In Pennsylvania, the minimum wage is $*.* per hour.
$*-$* an hour
What is your plan if the background check for ASK Consulting reveals the same issues as with CVS Pharmacy?