What to expect after diversion?

Nurses Recovery

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Hello everyone! This is Amanda, I was just wondering if I can hear from some of the other nurses who have gone through this before. I was caught with diversion. I took a fentanyl patch and used it myself instead of disposing of it. Then I was caught by a positive U/A from the HPAP organization(for nurses with substance abuse disorders in South Dakota). South Dakota is a very harsh penalty state for narcotic possession charges. I am wondering if/when I will receive criminal charges. Should I get a lawyer? I already turned myself in to HPAP, the same day as the U/A since I knew it would be positive, but now I am terrified of the legal repercussions. Does anyone else have any insight on how/when I will go to jail? In this state simple possession is a felony...it will be my first felony although I have misdemeanor charges. I understand the concept of taking responsibility, its just a very harsh reality here. Has anyone else gone to jail after diversion?

Silverdragon102, BSN

1 Article; 39,477 Posts

Specializes in Medical and general practice now LTC.

We can not offer legal advice as per the Terms of Service of the site. However I would recommend talking to a lawyer who has experience dealing with the state BON

amanda02

4 Posts

Oh sorry about the misunderstanding. I am not asking for legal advice here. I am just asking for others who have been through this situation if they received any criminal charges for narcotic diversion. The reason I am asking is for the purpose of possibly hiring an attorney. I am just not sure what happens after diversion. I turned myself into the HPAP program that I am in and I felt I should not be working anymore. One thing I have learned about addiction is the subsequent depression/anxiety coupled with extremely low-self esteem. I was struggling with depression so badly and I couldn't stand it anymore. Sometimes I wonder if the substance abuse programs maybe take advantage of that in nurses.Long story short I knew I was getting drug tested that day...and I decided to place an old fentanyl patch in my mouth and then went to the drug testing. Obviously I knew it would be positive but I didn't care anymore. I wanted a way out of the depression and I wasn't thinking clearly. I looked at it like a 'way out'...or that maybe I would get some much needed help for the overwhelming depression I felt. But I never thought of the legal issues I may face. I probably wouldn't have done this had I thought it would take me to jail. Also...for anyone reading this I feel it is important to note that drugs like suboxone, may really mess up your life forever so please stay away from that! I was taking suboxone daily for many years. In SD it is not acceptable to practice nursing while taking suboxone. So I stopped the suboxone and was doing well for a few months. Unfortunately, I started slipping into a profound depression that I couldn't explain. I had never been suicidal before, but I certainly was at the time! I was also in denial about it...I thought it was just coming down from suboxone and it will pass. But it kept getting worse and almost took my life away. Anyone out there reading this...please do not take suboxone as a maintenance drug i.e. long-term. When you stop taking it your brain will have difficulty to adjust. It is a powerful anti-depressant drug and so obviously depression will be the rebound effect. Sorry to blab on and on here. I just want to warn people from use of suboxone. Many years ago I also took methadone daily and when I stopped methadone I was OK. Methadone was much easier to get away from than suboxone. Anyway ..please be careful with these types of medications.

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