Accused of med diversion, no proof

Nurses Recovery

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So to start this off, I am innocent. However I have dealt with the BON before and I know they lack all practicality and sense. (Was another seperate issue that was dismissed without prejudice). So anyway, I left a job today. Turned in my resignation, turned my scrubs and badge back in, everything. They found out I'm applying elsewhere, so I get a call from the owner telling me he knows I took meds from the pharmacy for myself and that if I turn myself into TPAPN and accept $25,000 less per year he won't turn me into the board. I was floored to say the least.

I said yes I had picked them up but had never taken anything, and there was no policy against picking them up, nor have I ever been reprimanded or punished at all. He says this happened a few weeks ago, yet I was never told of this, never suspended, never fired, and never drug tested a single bit. I mean they did nothing. Not a single thing, and I haven't signed or submitted anything. It's just after they found out I was going elsewhere he said all this. I sent them a normal resignation.

What at do you think the board will do? I would hope they would ask what proof they have and why didn't I get tested or suspended or anything. I mean I got my full paycheck today as a matter of fact, I even went on a weeks vacation (paid) after they say this supposedly happened.

Im Just terrified and wanna know what to expect. I KNOW to lawyer up if they turn it into the board.

So what do you think the board would do if they turned me in 3 weeks after the fact but have no drug test, no suspension, no write up, and no statement from me? Would they just dismiss it likely or come after me guns a blazing?

I would probably pay for a hair follicle drug screen out of my own pocket, to have just in case. These tests go back 90 days or more. Does that fall within the time frame of these alleged events?

it does, but I always lop all my hair off during the summertime, (just shaved on Thursday actually) but no, there is nothing in my system outside some old hydrocodone that I had an Rx for. And even that use was just 20mg on Thursday for tooth pain. So I'm covered. I didn't do any of this.

it does, but I always lop all my hair off during the summertime, (just shaved on Thursday actually) but no, there is nothing in my system outside some old hydrocodone that I had an Rx for. And even that use was just 20mg on Thursday for tooth pain. So I'm covered. I didn't do any of this.

How old is the prescription for the hydro codons? If it's more than a year old, then no, you won't be covered. I understand you don't want to be dealing with this but you should have stayed to fight it. Abruptly quitting like that can make you look guilty.

I didn't abruptly quit, my notice gave Sunday as my last day, he just called and accused me of all this yesterday. As a matter of fact I even went and turned my scrubs and badge in and they didn't say anything at all.

if I were running and hiding I wouldn't have shown my face. They found out I was going to a new job (they faxed them for reference) and again, had I done wrong I dang sure wouldn't have mentioned them to any employers.

that was a recurring theme of the call, he kept saying "so you're going to XXXX?"

How did your boss get a bunch of other employees to agree to perjure themselves?

That is a pretty big deal, for multiple coworkers to say you confessed.

What kind of place is this? a boss who threatens you with trumped up charges and coerces fraudulent testimony to pressure you to stay employed?

And if I understand your use of the term "old hydrocodone"-

You have drugs in your system for which you have no prescription, and co-workers saying you admitted diverting.

You could have a problem here.

How did your boss get a bunch of other employees to agree to perjure themselves?

That is a pretty big deal, for multiple coworkers to say you confessed.

What kind of place is this? a boss who threatens you with trumped up charges and coerces fraudulent testimony to pressure you to stay employed?

And if I understand your use of the term "old hydrocodone"-

You have drugs in your system for which you have no prescription, and co-workers saying you admitted diverting.

You could have a problem here.

I don't know what he promised or coerced anyone into doing. Regardless it's heresay, and no, I have a script from less than a year ago so I am okay, you are reading way too much into that. I wasn't even accused of taking any hydrocodone regardless. The med he mentioned, which I am purposely omitting to keep a vague appearance is absolutely not in my system, nor will it show up on any hair or urine tests. I'm 100% legit.

I don't know what he promised or coerced anyone into doing. Regardless it's heresay, and no, I have a script from less than a year ago so I am okay, you are reading way too much into that. I wasn't even accused of taking any hydrocodone regardless. The med he mentioned, which I am purposely omitting to keep a vague appearance is absolutely not in my system, nor will it show up on any hair or urine tests. I'm 100% legit.

Hair follicle tests can come from body hair. I assume you have hair on some part of your body, right? ;)

Which is fine if they check.

Which is fine if they check.

Like a PP said, go have yourself drug tested so you can prove your innocence.

Speak to a lawyer (you can find a nurse attorney through TAANA). there is no reason for you to prove your innocence, it's on the employer to prove their allegations, the employer has to provide proof to support a complaint to the BON.

Specializes in PICU, Sedation/Radiology, PACU.

Diverting is not the same as using. Someone could be stealing medication to sell, to give to a friend or family member, etc. A negative drug screen doesn't prove innocence from diversion.

OP, it seems you have a history of poor relationships with prior employers, and this isn't the first time that you've been accused of unprofessional/illegal behavior by an employer, including patients who are willing to corroborate those accusation. So you should know that the time to contact a lawyer is BEFORE anything is reported to the BON, not after. Ask for accusations or complaints in writing, and don't take any more of their calls.

What are your facility's policies regarding controlled substances? You said there is no policy against picking them up from the pharmacy. What pharmacy allows any nurse to pick up controlled substances for patients? Do sign for them? What's the chain of possession for those medications after the fact? What happens once the medications get to the patient's home? Is there a log where medications are counted and signed out? If you truly are innocent, documentation should support you.

Specializes in Registered Nurse.

I can't speak specifically to your situation or give advice. However, I had a RN friend who worked ICU and was accused of diverting numerous years ago. She was an excellent nurse, was accused by a resident, not her coworkers. The powers that be conducted an investigation because one patient without pain relief was in the care of my friend. She was found innocent. It turns out the resident had picked up medications from the pharmacy and the pharmacy people were able to provide details. She may have picked up meds ,possibly once, but the overwhelming times it was the resident. I don't know all the details, but the resident was the culprit of the diversion. Somehow the pharmacy personnel witnessed the resident picking up medications. Some of the other nurses witnessed giving meds that did not provide pain relief to the patient. Perhaps replaced by placebo's or saline by the resident picking up prescriptions. I thought this only happened on TV!

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