accused of drug diversion,i do maintain my innocence however i cant afford an attorney

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I really need advice with my situation I have been an lpn for 8 years in health care for 20 without any blemishes on my career, long story short I was working in a LTC/SNF for 5 years staffing is horrible, patients acuity is high and management in no way helps, basically what happened is that I had give narcotics without sighning them off on the mar just the narc record then there was a time that a narcotic was dropped and disposed of and my stupidity without a co-witness so now im being investigated for diversion the investigator I met with today basically was making me feel that I should admit I made a mistake and enter into the drug rehab program offered by the state, and by doing so it would help me not loose my license, although as close as I was to saying sure lets do that I couldn't because I would be lying and I feel like I need to maintain my innocence any advice from anyone else im scared to death of loosing my license I don't know what to do and I definitely cant afford an attorney

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Specializes in LTC, med/surg, hospice.

I believe you need to consult a attorney, maybe some that will do pro bono or work out a deal for you. We cannot offer legal advice.

For anyone else reading, please always have a witness when you waste.

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Seek the advice of an attorney. That is all anyone here can advise you. Good luck.

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I know nothing of legal issues,

But why would they ask you to enter a drug rehab program, without any evidence whatsoever of you actually having consumed drugs (even in the suspicion of drug diversion, that doesnt mean that youre not selling them trading them saving them for a rainy day etc)

Did you take a drug test and come back positive or something ?

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Specializes in LTC, assisted living, med-surg, psych.

You can't afford NOT to have an attorney. There are some that specialize in nursing issues and can be found through a network whose name I can't recall at this time, hopefully someone will come along shortly who knows. You don't want to face the Board of Nursing alone---they are there to protect the public, not the nurse. Good luck.

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The American Association of Nurse Attorneys has a referral service: www.taana.org.

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Wow. As IMPORTANT as proper handling of narcotic meds is, it seems like major overkill to go from two 'events' to being investigated for diversion! In a nutshell, I hope this is cleared up soon and get the heck out of that work place. The attitude toward employees is guilty until proved innocent.

That said NEVER cut corners when it comes to narcs. In fact, go out of your way to demonstrate the importance you put on proper handling of narcs. It is not worth the consequences, obviously. I feel bad for you.

Usually, people being investigated have a history of similar errors (a lot more of them from what I've seen!) so it only follows that an investigator will 'assume' you've been banging all the narcs you can get your hands on.

You will probably have to get an attorney, even while innocent. This is just bread and butter 'looking out for yourself'. That's the way it is, it's not personal to you.

It is possible to find someone to represent you. There are lawyers out there who need cases/clients, newbie lawyers, lawyers who take pro bono (free or reduced charges) to maintain some certification. Whether you can afford a lawyer or not, you CAN'T afford to lose your license or even have a mark on it. Just tuck in your chin and get a lawyer, no amount of advice here or anywhere is going to cut it. Again, so sorry this is happening :( When I did chemical dependency, I 'treated' many impaired nurses in diversion. All of them admitted to addiction problems, eventually. None were still denying it when they got to me. They were relieved to be getting help.

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Do you have ? If so, contact them (if not, I would going forward). Are you a member of a union? If you are, speak to them.

You need to speak to someone who is an attorney. It would be a cold day in heck before I would be harassed into admitting an issue that I DON'T have ie: addiction. diversion.....

You can also see who will look at your situation as a "free consultation", but be sure that this person has experience with going before the BON.

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Specializes in retired LTC.

OP comments that she was working LTC/SNF. Don't know which shift.

Y'all ARE AWARE that sometimes on the NOC shift there is NO OTHER nurse with whom to witness any wastes??? And yes, one can retain 'a pill' until the day shift arrives so as to witness the waste. But how do they know that that 'little white pill' isn't just a substituted aspirin?

Even when there are other nurses on, has someone else actually witnessed you just when the narc really did hit the floor? Or again, are they really just believing you in good faith that the 'little white pill' is the narc, and not a substitute?

Sometimes there's a systems flaw that hinders good practice.

OP really does need to consult with an atty. It was said she can't afford NOT to do so. How true. Neither the BON or her employer is her BFF.

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