Can I Be Put Into a Recovery Program Instead of Having My License Revoked?

If you are struggling with substance abuse, you may be put into a recovery program instead of having your license revoked. Nursing boards nationwide operate treatment programs, and nurses who meet eligibility criteria may avoid serious disciplinary action by enrolling in them.

Not every nurse is eligible for admission to nursing boards’ recovery programs, though. If you have endangered or caused harm to a patient, for example, you may not be able to enroll in the recovery program, not as an alternative to treatment, at least.

If you are eligible for a treatment program and successfully complete that program, it could save your career and reputation in the healthcare field. Any nurse facing substance use issues should receive personalized advice from experienced representatives.

Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online, and we will help you identify any treatment program that may spare you from license revocation or other professional discipline.

Substance-Related Problems That Can Sink a Promising Nursing Career

Some of the substances that nurses are known to struggle with include:

• Alcohol

• Prescription drugs, including benzodiazepines, opiates, stimulants such as Adderall, and non-narcotic pain relievers

• Illicit drugs such as cocaine, hallucinogens, heroin, and methamphetamine

• Drugs like cannabis and kratom, which can be legalized but are capable of impairing

• Over-the-counter drugs

Even substances that many consider innocuous, such as caffeine and nicotine, can have an addictive effect on certain nurses. If a nursing board determines that a legal or illicit substance impairs the nurse’s ability to practice safely or effectively, that nurse may be vulnerable to life-changing professional sanctions.

Substance Use Often Coincides with Other Prohibited Nursing Practices

An examination of any state’s nursing statutes will reveal several prohibited offenses that can relate to substance use. You may not read that “substance abuse” is forbidden, but, like in the case of California nursing statutes, you might find several allusions to substance-related violations. It is generally prohibited for a nurse to:

• Use controlled substances in a manner that is dangerous to themselves or another person (including a patient)

• Be convicted of a substance-related criminal offense

• Be under the influence of a substance during their nursing practice

• Distribute a controlled substance

• Engage in unprofessional conduct (such as inappropriate colleague interactions) due to impairment

• Be unable to perform one’s duties as a nurse and professional because they are impaired

Substance use disorders typically prevent nurses from doing their jobs effectively and can even endanger themselves and others as a direct consequence of their substance use. As a nurse struggling with unhealthy substance use, you could be accused of multiple sanctionable behaviors that threaten your license and career.

License Revocation and Other Sanctions a Nurse Might Face Because of Dangerous Substance Use

We can see from nursing laws nationwide—including in Ohio—that substance abuse can have a catastrophic effect on a nurse’s career. Some of the sanctions a nurse might face for substance-related misconduct are:

• License revocation

• License suspension (which can include a summary suspension, if the nursing board deems the nurse an immediate threat to patients or coworkers)

• Restriction of the nurse’s privileges

• Probation

• Fines

• Administrative penalties

• Formal reprimand

• Mandatory professional education

There is another possible outcome when a nurse’s substance use disorder comes to light. A struggling nurse may be met with a response that focuses more on treatment than on discipline. This compassionate response is typified by the alternative-to-discipline (ATD) program.

A Brief Explanation of Treatment-Focused Alternative-to-Discipline (ATD) Programs—Which May Be Your Pathway to Avoiding License Revocation

Alternatives to discipline programs recognize that nurses need help, and that discipline is not always necessary for nurses struggling with:

• Mental health conditions such as depression and anxiety

• Substance use disorders

• Other conditions that may improve with treatment

Nurses who are not in a healthy state can be a danger to themselves, their patients, and their coworkers. Even if they don’t pose a danger, it is a disservice to nurses, patients, and the healthcare system to withhold beneficial treatment from nurses who need it. 

Each state’s treatment-focused ATD program looks different. Florida’s Intervention Project for Nurses (IPN) will not operate in precisely the same way as the Ohio Board of Nursing’s Alternative Program for Substance Use Disorder. However, we can speak generally about these programs in stating that:

• Many enrollees in these programs are not only seeking to recover from a substance use disorder, but also to avoid discipline

• There are criteria for admission to ATD programs, and it’s not a given that a nurse with a substance abuse problem can enrol

• If a nurse is in the disciplinary process, or has recently been disciplined, they may be eligible for treatment through a nursing board’s program, but not as a means of avoiding discipline

• Many nurses who have been disciplined are not eligible to get treatment through their nursing board’s programs—each state’s approach varies

If enrollment in an ATD is available to you, our Professional License Defense Team will do everything we can to advocate for your enrollment. 

An ATD May Be Your Only Way to Avoid License Revocation or Other Discipline

Keep in mind that every nursing board in the United States prohibits nurses from practicing in an impaired state. Because of this fact, once a nurse’s alarming substance use comes to light, a remedy is necessary—the board cannot, generally, allow a nurse to continue practicing without taking active measures to address their substance use.

If you are seeking to avoid discipline from your state’s nursing board, the board will likely require you to seek treatment through its program because:

• If you seek treatment from another provider, the nursing board has a limited capacity to monitor your recovery

• Your state nursing board will likely have specific benchmarks you will need to hit before returning to work, and its oversight of the recovery process will allow it to gauge your progress towards those benchmarks

• The nursing board’s treatment program should be specific to nurses’ unique needs and challenges, which may benefit your recovery

Nurses need to prove that they are fit to practice. Being “fit to practice” goes hand in hand with “recovering from an active substance use disorder.” For this reason, it is in most nurses’ interests to enroll in their nursing board’s treatment program.

Plus, if you want to avoid license revocation or other discipline, you may have no choice but to do so.

What Are Nurses in ATD Programs Asked to Do?

Most treatment-focused ATD programs have clear expectations of enrollees. In looking at the Texas Peer Assistance Program for Nurses (TPAPN) handbook, we see that nurses in this ATD program must generally:

• Submit to a comprehensive evaluation: Effective treatment requires a baseline. As a condition of admission to an ATD program, nurses are typically required to submit to a comprehensive (and potentially uncomfortable) evaluation. This evaluation might have a physical, psychological, and emotional component—this would reflect the all-encompassing nature of substance use disorders.

• Remain sober: Of course, those seeking treatment are required to remain sober. This is the most fundamental demand you will face, and is the most clear-cut indication of whether you are taking the treatment seriously. Whether you will be violated for any slip-ups in sobriety will depend on the unique policies of the ATD program you are enrolled in.

• Accept monitoring throughout the duration of the program: Close, continuous monitoring can be necessary to ensure enrollees are complying with program rules and progressing in their recovery. Regular drug and alcohol tests are typically key features of ATD programs’ monitoring regimens.

• Demonstrate a genuine commitment to the recovery process: This is one of the more difficult mandates for nurses to follow, as it appears highly subjective. However, it is often clear whether a nurse is serious about their desire to heal and return to work, and it is a reasonable standard for program leaders to impose.

• Follow all instructions and orders from those leading the program: Any perceived insubordination could trigger the nurse’s dismissal from the ATD, as well as the disciplinary process that the nurse was seeking to avoid.

• Abide by any professional restrictions imposed during their treatment: If you are permitted to continue nursing while participating in an ATD program, your professional privileges may be limited. Failure to honor such limitations could result in your termination from the ATD program.

• Bear certain financial costs related to the program: In some cases, nurses are responsible for expenses incurred through their participation in an ATD program. Failure to honor those financial obligations may be considered grounds for removal from the program.

Whether a nurse continues to practice in any capacity while undergoing treatment is evaluated on a case-by-case basis. Typically, a nurse can expect to abstain from all nursing responsibilities while seeking treatment, as they may not be considered fit to practice until the treatment is complete.

Which Nurses Are Eligible for These Recovery Programs?

Remember that we are providing you with general guidelines. For more precise, personalized information, you should reach out to the LLF National Law Firm Student Defense Team as soon as possible.

For now, here are some of the standard criteria for nurses to be admitted into a treatment-focused ATD program:

• The nurse has a substance use disorder or other condition that the ATD treatment program is equipped to treat

• The nurse is willing to admit they have a problem and actively participate in the treatment process

• No patient has been endangered or harmed by the nurse in the course of their disorder (or, at least, there is no provable instance of patient endangerment or harm)

• The nurse has not been convicted of a criminal offense in connection with their substance abuse or mental health issue

• The nurse agrees to the terms of admission and participation in the ATD (starting with an evaluation)

• The nurse is currently licensed and, therefore, under the jurisdiction of the state nursing board

These are just a few possible criteria that you may need to meet in order to enroll in your state’s treatment-focused ATD program.

Which Nurses Might Not Be Eligible for These Recovery Programs?

A nursing board may not accept a nurse into a treatment-oriented ATD program if:

• The nurse has been accused of conduct that makes them ineligible to participate in an ATD (allegations of a violent offense, for instance, may preclude the nurse from enrolling in an ATD)

• There is evidence that the nurse endangered or harmed a patient in the course of their hazardous substance use—in such cases, the board typically imposes discipline

• The nurse is unwilling to agree to the terms for admission to the ATD

• Other circumstances lead the nursing board (or the ATD program leaders) to determine the nurse is unfit to participate in the treatment program

Each state’s rules are unique. As we evaluate your options for seeking treatment and avoiding professional discipline, we will quickly determine whether enrollment in an ATD program is a viable option for you.

Will My License Be Revoked If I Don’t Successfully Complete an ATD Program?

If you are not admitted into an ATD program or fail to complete the program successfully, you may face the revocation of your license. Even if license revocation is not on the table, you may be facing other types of professional discipline that cause material harm to your career, financial stability, and well-being.

As your representatives, our Professional License Defense Team will work hard to help you avoid such harmful sanctions. Our role may involve:

• Informing you of every available option for treatment (and for avoiding any sanctions that might stem from prohibited substance use)

• Advocating for your admission to any ATD program you elect to enroll in

• Instructing you on how to best protect your rights and comply with the mandates of any ATD program you enroll in

• Representing you in any disciplinary proceedings that result from your alleged substance abuse (or any other circumstances that trigger disciplinary proceedings)

We are advocates, but we are also counselors with years of relevant experience to draw from. We are uniquely positioned to help you, so call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.