Getting investigated for "diversion"

Nurses Recovery

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Hey all I had just recently changed jobs from telemetry to a nursing home. I had been there all of three days, i wasn't off orientation and had no access to the med carts yet.Then I did something dumb, I had been having severe panic attacks for the last month or so and was terrified that if I went to a doctor I could possibly be reported to BON. A well meaning friend gave me some ativan and I took to many. A neighbor found me outside not making any sense. I got taken to the er, there They asked me detailed questions about where I could have gotten meds and how I would have stolen them from work, this is all second hand, I have no memory of my time in the er. I guess I went on to tell them that I could have gotten them from work and here is how I would do it. Needless to say I also told them I was a smoker, I'm not, that I was bitten by a rabid raccoon,that I was under the influence of marijuana, narcotics, and hallucinogens, none of which showed up on the tox screen they did. During this questioning my husband was not present, they never called him, there was no patient advocate, and in my medical records one nurse said I was A&O x 3 while another said i only knew my name. They had me sign documents, my name was misspelled on these. While there I had a standing order for IV Ativan by a doctor who wasn't even in the hospital. Also the charting between nurses and doctors was very inconsistent to the point of falsifying information.

From that one visit there were two complaints against my license one being from the doctor who wasn't there.

The BON now has my medical records from that visit even though I didn't authorize it. They called my employer to tell them about the investigation so I have been fired. I was told that anywhere I try to work will get a phone call informing them of the investigation. I haven't even had my license a year so needless to say no one will hire me. I can't afford a lawyer, my insurance only covers patient complaints, I will be homeless at the end of June so I can't afford the board recommended treatment. I am so miserable that I thought of surrendering my licenses and giving up. I am terrified to see a doctor or therapist, I mean what if they report me as well. I really don't know what to do, any help would be great.

they have hpmp. Not a clue if entering voluntarily will help or hurt my license but Im hoping it will help me.

Specializes in Med/Surg, Peds, Geriatrics, Home Health.

I know some of the comments may have seemed harsh to you but in reality they were really just being honest and straightforward. As fellow nurses we owe it you to give it to you straight and not sugar coat it. It was all very good advice. Be honest with your BON, work with them and they will work with you... you are certainly not the first one to go through this. But avoid their calls or just give up your license and I think you will regret it later. Work on getting back to a healthy state now and then worry about the other stuff. But you have to be honest with yourself. There were many inconsistencies in your post but i'm not going to get into that because you don't owe me any explanations; but are you lying to yourself? I wish you the best of luck, I really do.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
If you had read through the entire post you would see where I said I was told second hand what happened in the ER and that I did meet with the investigator. I did tell them what really happened. I already called my insurance and thy said they couldn't help and every lawyer I contact wants $4500 retainer. If I had that I wouldn't be homeless at the end of the month. I have been in tx since the incident just not the one the board wants me in because I can't afford food much less drug testing. I posted here for advice on the investigation process or just a little encouragement.
All states have pro-bono services...I suggest you Google for those resources.
Specializes in Nephrology, Cardiology, ER, ICU.

You need an administrative law attorney. While they are not cheap, it's worth you livelihood to take a loan, credit card, whatever it takes.

Specializes in Clinical Research, Outpt Women's Health.

Get a non-nurse job to support yourself for now. That is number one. Then get help treating your panic as soon as you have insurance. Continue meetings. Do what the BON tells you to.

I know you can come through this. All the best to you.

Specializes in LTC, Psych, Med/Surg.
All states have pro-bono services...I suggest you Google for those resources.

There is a public defender that is pro bono to the accused for criminal matters, but there is no official pro bono program for administrative legal matters that I have ever heard of.

That being said, one's own hired lawyer with experience dealing with BON/licensure issues may be worth the investment.

In my own case, I had no money when my stuff hit the fan back in March of 2000. A friend of mine referred me to his friend who was a lawyer who "helped" me pro bono, but in retrospect, he was a nut and I basically got what I paid for, as the saying goes...

Anyway, to the original poster: Many of us have been in your shoes and have seen in through. You can too.

Best wishes,

Catmom :paw:

Specializes in Pedi.

You don't need to authorize the release of records to the BoN. You are a licensed professional who expressed to another licensed professional that you diverted controlled substances from work. The ER had a legal obligation to report you to the BoN and of course they don't need your consent to do so. Who would ever sign such a consent?

Just because you hold a license with a state, does not mean you have no legal rights to your privacy. The BON can not get ahold of your medical records without your permission. I know this for a fact in Florida.

Specializes in LTC,Hospice/palliative care,acute care.

In most cases volunteering is the best course. You did have the drug in your system. Work forward from there. Many nurses work under restricted licenses for a time and move on to have successful careers in recovery. Lots of option for RN's are available away from medcarts. Work a program, get a handle on your anxiety with some .Cognitive therapy will help you learn to control the thoughts that lead to the anxiety without using meds like Ativan.

I'm truly sorry for the trials you're going through. You sound confused and frustrated, and I hope you find some help in these posts. You must drop your focus on the ER, charting, and the doctors. Honestly, it sounds to me like you're trying to shift attention away from your own actions, and it won't work. And the BON could care less. And speaking of the BON, however they got your records is now a moot point. They have them and you must deal with the consequences. You took a drug that wasn't prescribed to you in a quantity sufficient to land you in the ER in an incoherent state, so they must investigate that. Of course you know that was a mistake, but the job of the BON is to protect the public, and they have reason to question whether you can safely administer nursing care. For now, call your state peer assisted program if you have one, keep going to AA meetings, get a non-nursing job, and hire an attorney if you can swing it with loans, etc. (I guess you don't have to hire an attorney, but it would probably help a lot.) Hang in there, I don't see any point in surrendering your license.

Specializes in Cardiac, ER.

Forgive me if this sounds silly,...but I am an ER nurse and have cared for more than one nurse in similar circumstances as you,....one nurse actually worked in the same hospital,...Never once was any person caring for these nurses allowed to say anything to anyone about this! We even contacted our legal department about one nurse who we were seeing on a fairly regular basis for accidental OD on prescription meds,..we were told that any information we gained because of our professional relationship with this nurse was protected under HIPAA and that in no way, no form could we say anything to anyone!! They related it to the same laws that don't allow us to report drunk drivers or anyone under the influence of illegal drugs. The fact that she was a nurse was irrelevant as she was not on duty when we saw her. How did this information get out about you?

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