Accused of diversion

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Specializes in In-center hemodialysis.

Hello all. I’ve recently been accused of diversion. I haven’t done what the BON is accusing me of, and have several hair follicle tests I took on my own personal initiated that are negative for any narcotics. I have an attorney, and am about to have an informal hearing with the Board regarding the charges. I’m curious, have any of you ever been under investigation by the Board and successfully won your case? If so, how did you do it? Did you employ a nursing expert to testify in your defense at the hearing?

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I’m in the process as well. What State are you in? Have you also had a eval done to rule out substance abuse? That will help. Ultimately, you need to prove to your BON you are safe to practice. Sounds like you’re doing everything right. Lawyer, fair test ect. In my State an informal hearing is basically a way to bring proof to your allegations and to also reach a settlement of some type to allow you to keep your license active. 
Stay positive and fight it. 

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Specializes in In-center hemodialysis.

I’m in Louisiana, with a notoriously rigid BON. I haven’t had an eval yet, but it’s part of their stipulations if I sign the monitoring agreement (which I don’t want to sign, because that’s saying that I did in fact divert medications, which I didn’t). I greatly appreciate your response, and wish you luck! 

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I would try to find an approved doctor that is verified by the state to be evaluated before you are “forced” into a monitoring program. If ultimately you can keep your license clear by entering vs probation with the BON you’ll have to make that very hard decision. But all the advice I’ve found on here is that if you do not have a substance/mental health issue then monitoring is not a place you want to be. and if you are evaluated and they determine you do not have a problem they won’t allow you join. Although, just saying things like you enjoy a drink after every shift makes you a potential risk to the public therefore, you’ll benefit from the program. It’s a tough situation, I’m right there with you. For me, I know I did not divert. Period. Was my documentation sloppy and poor 100%. I will will accept that if my allows me to just to be on probation. But I’m my State, MI you can self report and still end up with a permanent mark on your license 

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Specializes in Critical Care.

I did.  I’m not an addict and I refused to make it easy and admit to a wrongful accusation.  I went before the NH BON, without an attorney and won.  I was not going to jump through the MABORN’s hoops, it’s that simple.  If you have a problem, go to rehab and call it good....if not, fight. It can be done. 

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Specializes in CTICU, Quality, Education.

I was falsely accused by the board in Kansas with negative drug screens, OIG case dismissal, and multiple evaluators on my side but I did not have an attorney and honestly, that's what it boils down to. If you can afford justice, its on the menu, otherwise it doesn't matter that you've never taken an unprescribed drug in your life. They will do everything they can to tie you into a program for $. Stick with your attorney and do whatever they recommend. It will be the best money you've ever spent. But make sure they are experienced with these kinds of cases. 

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Specializes in tele, ICU, CVICU.

Just wanted to check in with OP & see if you had your hearing & how it went?  Hopefully well!

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I hired a lawyer that only represents licensed medical professionals. I had my interview in Aug with an investigator. I submitted my response to allegations with proof of negative hair follicle tests and documentation to support my case in Nov. now I am waiting for compliance conference. It has been exactly 1 year since my former employer reported me. I am hoping I have at least 6-9 months before I hear back from the the BON so I can continue to work and prove I am safe to practice 

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Specializes in In-center hemodialysis.

OP here...still awaiting hearing date. We had an informal conference yesterday, which pretty much told us the board was unwilling to bend on any of the accusations, so that was disheartening. 

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What are your charges? Are they will to drop any of them? 
 

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Specializes in In-center hemodialysis.

Diversion, practicing outside scope of practice, falsifying medical documents. They’re staying pretty rigid on all of them. 

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What does you lawyer advise? 

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