Florida Nurse Denied His Civil Rights and Right to Work Is Taking a Stand for All Nurses Directly to

When John Lester first found out he was going to be a first time father at the age of 35 he knew it was time to find a place his family could settle their roots and call home. Relocating from the sin city of Nevada to the heart of Texas to be with his future in laws seemed like the right thing to do. After a year of establishing himself while working for a Houston hospital as a specialty RN he made the decision to further his education with a Master’s degree. He confided with is family physician about his difficulty maintaining focus with studies and his trouble sleeping. He was referred to a specialist who diagnosed him with ADHD and insomnia and began treating him with prescribed medication. A short time later his employer selected him for random hospital drug screening. Two weeks later his place of employment notified him of a positive result and his immediate termination. He informed the hospital administration as well as the Texas Board of Nursing of his prescribed medications. With no support from any of his resources and little finances left to seek out costly attorneys he knew his options were running out quickly. A month later he received a job offer from a hospital in southwest Florida and without hesitation he and his family headed for the sunshine state leaving his traumatic experiences in Texas behind him. Little did he know that the worst part of his Texas experience was yet to come. From December 2012 until May of 2015 he and his family enjoyed being part of their local Charlotte County community. While working for a hospital in Port Charlotte Mr. Lester became involved as a member Florida’s union for nurses. Having previously worked as a travel nurse for ten years he had grown accustomed to working under contracts with no job security or job protection. He believed having an organization protecting the nursing community was not just a key to improving nurses working conditions, it was the key to improving the entire healthcare system. In June 2015, John was offered a nursing position with a substantial increase in pay and benefits by another hospital. Before he could respond with a decision he was informed by the potential employer that his nursing license had been suspended. John promptly inquired with the Florida Board of Nursing and was directed to an assigned compliance officer. The compliance officer was not able to disclose the reason for his suspension. Additionally, he informed John that he was unable to speak to any members of the board about the details of the suspension or request reinstatement until he received approval to appear in front of the board’s meeting which was held every other month. The request would not be considered until he completed requirements. During this time period his license would remain suspended and he would be refrained from any work as a nurse. Upon obtaining a copy of the final order from the Board of Nursing it stated that they were unable to reach Mr. Lester and thereby elected to file a complaint for violation of Florida Statue 464.018b(b)-Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. The final order also states the board was empowered by Florida Statue 456.072 When the board, or the department when there is no board, finds any person guilty of the grounds set forth in subsection (1) or of any grounds set forth in the applicable practice act, including conduct constituting a substantial violation of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order imposing one or more of the following penalties Mr. Lester was imposed a fine of $1963.28 along with an evaluation from a psychologist coordinated through Intervention Project for Nurses as well as any other appropriate testing they may recommend. The imposed fine itemized cost was never disclosed and according to Statue 456.072 (4) the board, or the department when there is no board, shall determine the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any written objections thereto. Mr. Lester never license never received any type of complaints that would indicate probable cause for any type of treatment program. Furthermore, the Florida Statue clearly states in 456.076- (4)(a) Whenever the department receives a written or oral legally sufficient complaint alleging that a licensee under the jurisdiction of the Division of Medical Quality Assurance within the department is impaired as a result of the misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee’s ability to practice with skill and safety, and no complaint against the licensee other than impairment exists, the reporting of such information shall not constitute grounds for discipline pursuant to s. 456.072 or the corresponding grounds for discipline within the applicable practice act if the probable cause panel. He was denied the right to work and suffered lost wages for a period of 12 months. Which violates the 8th amendment and his Constitutional rights. It also violated the 6th amendment rights to a speedy trial/hearing within reasonable time. Mr. Lester was continually told by IPN he had to comply with all IPN requirements in order to be granted a hearing in front of the board. In February 2016 Mr. Lester was still waiting for his hearing. Using the last of his retirement savings to support his family while continuing to pay IPN excessive fees costing over $ 3,000 he was then told he had to sign a formal contract agreeing to continue the program or he would be denied his hearing for reinstatement. On April 6th Mr. Lester appeared in front of the board with documentation proving he had prescriptions for his positive drug screening in Texas dated back in 2012. He also stated Texas never notified him they would be suspending his license nor would he have any reason to believe they would since he reported his prescriptions to them following his termination. The Board responded to Mr. Lester’s official public hearing statement by saying his license suspension had nothing to do with anything that happened in Texas. When Mr. Lester’s attorney requested his removal from the IPN he was denied and told to complete one year of IPN just for being on a prescription medication. On April 27th his license was reinstated. However, his license status was posted on their public website as Active with Obligations. Since the term obligations is not clearly stated anywhere on their website or the nursing practice act Mr. Lester has been denied employment from two potential employers for reasons directly related to this undefined status. Mr. Lester is currently seeking the assistance from his State’s Senator and will continue to present his case to members of the Senate and the public until the necessary changes are made to these governing state agencies. Changes that holds state agencies accountable for unjust, excessive, and inhumane punishment given to anyone discriminated against based on assumptions of addiction or mental illness. Mr. Lester was recently asked “After everything you have been through, is it still worth fighting for just for a license?” Mr. Lester responded.” Of course not, no license is worth that kind of a fight. But a chance to make a difference that’s helps so many others. Even if it is a small chance, now that’s worth fighting for.”