Accused of med diversion, no proof

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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.

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.

I agree the burden of proof is on them. Completely. And they have zero proof. And as far as chain of custody, there was no policy against picking them up for the patients, the office manager KNEW I did it. Never said a thing. I was never once told to stop or reprimanded. And I always documented patients had the meds in question with them or on them.

And yes Double-Helix I had an old employer who got upset that patients went with me to the new place of their own free will and was threatening me with a lawyer. Nothing ever came of it actually. It was not a diversion case, nor were any drug allegations involved. So you can stop that right there. I am a VERY good nurse and I take care of my patients to the level of which I have built a large network of refferals and admits just based off the level of care I provide. I don't care if I am not on call and my patient calls me at 4am with a problem. You call me, you get me. Patient care is what I live for, taking care of others is what I love. Yeah, the paychecks good, but frankly, I made much more money in the oilfields. I didn't bust my butt and maintain a 3.8 GPA in a program where an A was 93 and above just to throw it away.

The question I am basically asking, which has yet to be answered, is what would the board DO in this type of situation? You accuse me almost from a month prior, never test me, never fire me, never suspend me, never........anything. No statement from me. Absolutely nothing. But all of a sudden I can stay there and it wont get thrown to the board if I take a huge paycut and report to a Peer program......um.....no

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The board would investigate the complaint and if found unsubstantiated or if there is not sufficient grounds to impose discipline it is closed. If there is reason to give a caution, they may issue a caution. Speak to a lawyer, they are in the best position to advise you.

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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.

I think these are the questions the BON will want answered, as it is an irregular practice. The BON will consider whether or not a reasonable and prudent nurse would participate in this practice, if it is not a reasonable practice, it could result in a caution and/or remidiation. I am just speculating and a lawyer is your best resource.

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I think these are the questions the BON will want answered, as it is an irregular practice. The BON will consider whether or not a reasonable and prudent nurse would participate in this practice, if it is not a reasonable practice, it could result in a caution and/or remidiation. I am just speculating and a lawyer is your best resource.

In the field I work in it is a VERY common practice. The patient is happier they get their meds faster, company saves on delivery charges. There are pharmacies that release meds to non clinical staff for the same purpose. Just because I picked them up does not mean diversion. On top of that, if it was so prevalent who monitored the triplicates? Who checked the pharmacy bill? Who monitors the orders versus the pharmacy bill? None of that was my responsibility and additionally was never brought up to me a single time as me being under any suspicion.

Just really weird they get a fax from a new job and all of a sudden I'm public enemy #1. If they come after me I will file a retaliation suit with the EEOC after my tests come back negative, which they will. I repeat, I was never once tested, suspended, fired, or anything. Nothing in my personelle file, nothing with my signature on it. As a matter of fact, I even went on a cruise for a week FULLY PAID the week after they say this occurred.

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Specializes in Med/Surg, Ortho, ASC.
In the field I work in it is a VERY common practice. The patient is happier they get their meds faster, company saves on delivery charges. There are pharmacies that release meds to non clinical staff for the same purpose. Just because I picked them up does not mean diversion. On top of that, if it was so prevalent who monitored the triplicates? Who checked the pharmacy bill? Who monitors the orders versus the pharmacy bill? None of that was my responsibility and additionally was never brought up to me a single time as me being under any suspicion.

Just really weird they get a fax from a new job and all of a sudden I'm public enemy #1. If they come after me I will file a retaliation suit with the EEOC after my tests come back negative, which they will. I repeat, I was never once tested, suspended, fired, or anything. Nothing in my personelle file, nothing with my signature on it. As a matter of fact, I even went on a cruise for a week FULLY PAID the week after they say this occurred.

And, so you are asking our opinion because....?

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I'm just wondering how the board will take this. And I'm smart enough to know the more eyes and brains on a problem, the more I can learn from others.

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In the field I work in it is a VERY common practice. The patient is happier they get their meds faster, company saves on delivery charges. There are pharmacies that release meds to non clinical staff for the same purpose. Just because I picked them up does not mean diversion. On top of that, if it was so prevalent who monitored the triplicates? Who checked the pharmacy bill? Who monitors the orders versus the pharmacy bill? None of that was my responsibility and additionally was never brought up to me a single time as me being under any suspicion.

It may be a common practice in your experience, but that doesn't mean it is a reasonable or prudent practice.

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Specializes in Pediatrics, Emergency, Trauma.
I'm just wondering how the board will take this. And I'm smart enough to know the more eyes and brains on a problem, the more I can learn from others.

No one can accurately answer his question because the BON looks at accusations on a case by case basis...

Your best bet is to seek legal advice for your next steps.

Best wishes.

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Specializes in Nephrology, Cardiology, ER, ICU.

Moved to the forum where more nurses are dealing with board issues.

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It may have be a common practice in your experience, but that doesn't mean it is a reasonable or prudent practice.

This is very true and I realize that. I do know the largest company of the type of field I work in also practices this method. So it's not isolated or unheard of, but you are very right.

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This is very true and I realize that. I do know the largest company of the type of field I work in also practices this method. So it's not isolated or unheard of, but you are very right.

Do the narcotic laws and controlled substances laws in your area require someone who is picking up medication for someone else to show their ID to the pharmacist?

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Personally I would not participate in picking up a home care patient's medications, as I have known family members who took their dying relatives narcotics for their own use. I would be weary that a family member would claim a patient never received their medication and would implicate me.

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