Accused of diversion in Ohio

Totheendandback, ASN, RN · Mar 17, 2021

So sorry that you are going through this. I am sure they will try and get you to say you are guilty, DO NOT ADMIT TO ANYTHING. When they call you trying to get you to confess, tell them that you are innocent, and if they are going to accuse you of this, that they need to speak to your attorney. We are not allowed to name attorneys so I will say look up attorneys specializing in nursing license issues. The specific group I used and highly recommend have offices in Ohio, Michigan, and Florida. It is also good to go and get a drug test to prove your innocence, hair and urine. If you are not innocent, please still get a attorney. Never ever talk to anyone, especially the board of nursing without a attorney present. They are not your friends. It could take as long as a year to hear from the board. Good luck to you, I hope this blows over for you.

AbbeyR, ADN, BSN · Mar 18, 2021

Yes. Get a private pay drug test Now. Hair follicle will show a 90 day history. You want to prove you have no drugs that were missing in your system or any for that matter. I think I paid around $125 and I’m in MI. Do not admit anything. If they request a meeting. You can go and deny or simply say, you’re not willing to go. Either way they will most likely fire you, they just want to try to get an omission to wash their hands. If they threatened to report you to the BON they already have. HR is not your friend. I’m so sorry. Let me know if you need anything. Get another job to show your safe to practice. Things don’t happen to quick with the BON

Orca, ADN, ASN, RN · Mar 18, 2021

21 hours ago, Totheendandback said:

It is also good to go and get a drug test to prove your innocence, hair and urine.

A drug test won't disprove diversion. It will only disprove taking the medication.

AbbeyR, ADN, BSN · Mar 18, 2021

Agreed. Depending on the amount that is missing they may say you were selling. Usually from what I’ve read on discipline reports though, the police are called right away.
do you have any ideal what’s missing?

dustswife1126 · Jul 12, 2021

Well it hasn't blown over ? I was just contacted by an investigator with the ohio BON wanting to meet for an interview. I don't know what to do. I don't have money for an attorney. Am I going to go to jail? My drug tests were negative but I guess that's not sufficient. Any advice please.

AbbeyR, ADN, BSN · Jul 12, 2021

You are not going to jail. This isn’t a criminal case unless you were contacted by your city’s district attorney. I’ve only seen criminal charges when like hundreds of narcotics are missing. You can not avoid the investigator but no not admit anything as far a diversion. and they are definitely not your friend anything you say will be held against you keep your answers short. They have most likely are ready had their investigation with your employer and co-workers. I’m in MI. Usually the next step is they forward there’s findings after your interview to the Nursing board to determine if you’ve violated States nursing code

dustswife1126 · Jul 12, 2021

I’m really scared. I already spoke with an investigator from the Ohio health department and now this man from the board wants to interview me. The unknown is torture. Thank you for your response by the way.

AbbeyR, ADN, BSN · Jul 12, 2021

I’d call a lawyer that specializes in dealing with Licensing. Ask if they offer free consultations. What did the health department investigator ask?
Did you tell they you took it upon yourself to take a drug test?

dustswife1126 · Jul 12, 2021

He didn’t ask me anything. He wanted to set up a time and date to meet me in person and ask me stuff. That’s all he’d tell me

AbbeyR, ADN, BSN · Jul 12, 2021

I would deny drug diversion and fight that it was a documenting error. When I had my interview with the investigator my stupid lawyer didn’t even say a word. He was just on the call.

dustswife1126 · Jul 12, 2021

What happened to you? What did they “have on you”?