Accused of diversion

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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?

Specializes in In-center hemodialysis.

We’re not sure yet. Still trying to regroup before we move on to plan b. Will definitely keep you posted though 

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In Michigan nursing disciplines are public info so you can read through the different charges and consent orders that were negotiated and I feel like unless you were self admitting to diversion but people that hired a lawyer were able to get some charges dropped. Was the state rep at your conference willing to hear you out? Or was it just like they had their proof so they weren’t willing to do anything? 

 

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Specializes in In-center hemodialysis.

It was pretty much the latter. We had a phone conference (thanks, COVID), and she shot down every request we made. It was brought up that signing the consent agreement would lead to me losing my current job, taking a severe pay cut, losing health insurance for my 10 month old baby, my 5 year old son, my husband and myself. To name a few. They could really care less, it seems.

 

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Would having this on your license cause you to have your license suspended for xx amount of time? Does your current employer know about your allegations? So I was able to get a job a few weeks after mine terminated me and I had been there for 8 months when my manager called me in their office and asked me if I was aware there was a formal complaint against my license so obviously I couldn’t lie. I was upfront to a fault without all the details but asked if I was going to have to give HR any documentation and would I need to provide anything to show I’m not using illegal substances. I was told to continue to be diligent with charting when in comes to narcotics( we use a Pyxis now, my old employer used paper charting) now if I end up having the BON “ convict” me I am required to inform them, and they could possibly let me go. We are a union hospital so at least I’d have a rep so I might get some support. Ultimately, if you had a mark on your license but could still work would you accept that outcome?

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Specializes in Psych, Addictions, SOL (Student of Life).

"I have several hair follicle tests I took on my own personal initiated that are negative for any narcotics." 

I have seen this type of comment over and over on this forum but woul like to point out that people will divert medication for a number of reasons that don't include being for thier own use. If it is found that a nurse has diverted to 1. Give to a reletive who can't afford their medication. 2. diverting in order to sell them due to thier high cash value. etc.... 

Still if you didn't divert and are innocent then you should fight it. Oh and it might not be good idea to tell this story on-line. This forum is public for visitors to view and any thing said here is discoverable in a court of law. 

Hppy

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Agreed. I am only speaking of my personal situation and I choose to do the drug testing to prove I am not impaired myself and safe to practice 

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Specializes in Psych, Addictions, SOL (Student of Life).
27 minutes ago, AbbeyR said:

Agreed. I am only speaking of my personal situation and I choose to do the drug testing to prove I am not impaired myself and safe to practice 

I understand 

 

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