Any experience with criminal charges due to medication diversion

Nurses Recovery

Published

I was criminally charged yesterday on 2 counts ( 1. theft of cds and 2. tampering with cds) The incident that led to my suspension happened 2 months ago and I was only notified of the criminal charges 2 weeks ago. The hospital that I was working for did not press charges but they did report it to the police.

I was handcuffed, fingerprinted and pictured and released ROR. My attorney was there with me the whole time. Today I have to go to court and plead not guilty. Hands down the most humiliating thing Ive ever been through in my life.

Does anyone have any experience with this?

Up Vote Up Vote ×

Deep breath, you can do this. I will also be having some charges come my way. We can't give legal advice here, but we can share our stories. There is a great nurse here who I talk to and I bet she will weigh in. And she is working now :)

Up Vote Up Vote ×
Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

((HUGS)) If you have let them know immediately. It is going to be a hard road...((HUGS))

Up Vote Up Vote ×
Specializes in Impaired Nurse Advocate, CRNA, ER,.

If you have criminal charges you may also hear from the board of nursing (BON) as well. Consider retaining a license defense attorney if that happens. Do NOT use your criminal defense attorney for the BON unless he/she is an experienced administrative law attorney with experience dealing with your BON. If you have your own (not the hospital's...your own insurance) contact them for names of attorneys for license defense, or you can also contact The American Association of Nurse Attorneys for names in your state.

Hang in there! Things really suck right now, but they will get better. Don't use drugs or alcohol, consider attending recovery support groups (AA, NA, or others), contact the state nurses association to see if they have information for nurse support groups so you can talk with other nurses who may have been through similar situations..

Good luck! Prayers coming your way.

Jack

Up Vote Up Vote ×

Yes, I was reported to the BON and the police at the same time for forging a prescription. I was an NP with prescriptive authority and wrote an rx for a family member. I never knew that the police were notified and was going along with all of the BON stuff and started receiving notices in the mail that I had a warrant for my arrest! I was arrested the next morning by the DEA and questioned, taken to county jail where I spent the worst night of my life! I then had to battle 2 separate cases for the same practice violation. It has been terrible. I am on probation with the county now for the next year and and in TPAPN for 3 years to prove sobriety. It's tough for sure, but change is a good thing. Follow the rules and it will make you a better person!

Up Vote Up Vote ×
Specializes in CRNA, Finally retired.

In NY, the investigators have the discretion to not pursue charges if the nurses is enrolled and meeting the expectations of the alternative to discipline program. Good luck and keep us posted.

Up Vote Up Vote ×
Specializes in family practice and school nursing.
Yes, I was reported to the BON and the police at the same time for forging a prescription. I was an NP with prescriptive authority and wrote an rx for a family member. I never knew that the police were notified and was going along with all of the BON stuff and started receiving notices in the mail that I had a warrant for my arrest! I was arrested the next morning by the DEA and questioned, taken to county jail where I spent the worst night of my life! I then had to battle 2 separate cases for the same practice violation. It has been terrible. I am on probation with the county now for the next year and and in TPAPN for 3 years to prove sobriety. It's tough for sure, but change is a good thing. Follow the rules and it will make you a better person!

Why were you reported as forging a Rx if you had authority to write one? Sorry just confused

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

Not an expert, but I believe the problem lies with the fact that she wrote for a family member, usually a big no no. They charge may just be an "umbrella" type of charge, much like disorderly conduct can be the charge for anything from fighting to peeing in public to loitering.

Up Vote Up Vote ×

writing for a family member may be unprofessional, but is it illegal? or is the thought it was for self use?

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

It looks like that law varies by state, as a whole though, it seems to be at the very least, unethical to write for a controlled substance for a family member. Hopefully the OP will shed some light?

Up Vote Up Vote ×
+ Add a Comment