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.

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.

Which could be the case here. But I seriously doubt they drug test the patient or their family members as that would cross a billion boundaries and paint them in an unfavorable position. But let's say they do, and either they have it or not, and they test me, I'm gonna be 100% clean I can already tell you. It falls back to heresay. My word against the others and there is no clear implication regardless.

At least those are my thoughts. Right or wrong.

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Specializes in Transitional Nursing.

another option would be to have the conversation via email, so there is a paper trail.

"Just making sure I am clear on our earlier conversation today, 5/14/16, that there is a discrepancy with medication picked up on xyz date etc. etc. and your recommendation is that I yaddayadda..... " you get the idea.

I bet you won't get a reply.

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Specializes in ER, SANE, Home Health, Forensic.
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.

Perhaps she works for a home care agency that does med pours for patients? It may well be that part of the job, or an unwritten "protocol or expectation" is that patient's meds may get picked up if their patient is unable to do so. Not saying that would I agree with that practice, but perhaps that is what is happening.

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Specializes in Hospice / Psych / RNAC.

I don't know why people don't call the police in matters of theft when an employer threatens them like that. Yea; let's have a party with the police and the BON. That's basically what they say you did; steal.

Oh, yes; the dirty little secrets kept in the nursing world. Patients killed by dumb RNs who can't read/interpret orders, patients ending up in wheelchairs due to transferring errors, sponges left in hips causing; yep, another person in a wheelchair that shouldn't be there, and on and on and on...all swept under the rug.

The board is not out to protect nurses; it's out to protect the public. The states have given them power to discipline licensed nurses, set up programs, etc... A licensed nurse should never go before a BON in their state without having a lawyer present IMO. The AMA estimates that 10% of licensed nurses are active addicts, and the majority of them just haven't been caught yet.

I don't think the board members in most states, have the educational fortitude to evaluate most situations objectively. They go on a gut reactions, previous histories, and look for policy to guide their inability to think critically. Most of the things that required board intervention that I've seen on my watch, were illegal activities, hence the family suits...but wait; that's right...we don't tell the families the truth, resulting in almost zero lawsuits for the most part in the nursing kingdom.

What you are being accused of is not a civil matter, so that makes it criminal. The nursing police and court (BON); do they give you a fair trial with representation if you can't afford it? Is there a jury of your peers? Are you innocent until proven guilty? NO, NO, NO!

If you don't want to call their bluff, than call the board yourself...they're calling you a thief and than some!

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Specializes in Family Nurse Practitioner.
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.

Are you for real?? I mean who prescribed you 20mg of hydrocodone for tooth pain? Isn't that a little much? I smell a rat....

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Are you for real?? I mean who prescribed you 20mg of hydrocodone for tooth pain? Isn't that a little much? I smell a rat....

what??? I said how much I took OF A MED I HAVE A PRESCRIPTION FOR! Nor did I say I took it all at once. The only rat here is the one you're creating in your own mind. This is exactly what I fear from the board, a whole lot of judgement with practically zero comprehension or sense.

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I don't know why people don't call the police in matters of theft when an employer threatens them like that. Yea; let's have a party with the police and the BON. That's basically what they say you did; steal.

Oh, yes; the dirty little secrets kept in the nursing world. Patients killed by dumb RNs who can't read/interpret orders, patients ending up in wheelchairs due to transferring errors, sponges left in hips causing; yep, another person in a wheelchair that shouldn't be there, and on and on and on...all swept under the rug.

The board is not out to protect nurses; it's out to protect the public. The states have given them power to discipline licensed nurses, set up programs, etc... A licensed nurse should never go before a BON in their state without having a lawyer present IMO. The AMA estimates that 10% of licensed nurses are active addicts, and the majority of them just haven't been caught yet.

I don't think the board members in most states, have the educational fortitude to evaluate most situations objectively. They go on a gut reactions, previous histories, and look for policy to guide their inability to think critically. Most of the things that required board intervention that I've seen on my watch, were illegal activities, hence the family suits...but wait; that's right...we don't tell the families the truth, resulting in almost zero lawsuits for the most part in the nursing kingdom.

What you are being accused of is not a civil matter, so that makes it criminal. The nursing police and court (BON); do they give you a fair trial with representation if you can't afford it? Is there a jury of your peers? Are you innocent until proven guilty? NO, NO, NO!

If you don't want to call their bluff, than call the board yourself...they're calling you a thief and than some!

So if I'm reading this correctly your advice is don't deal with the board whatsoever because they will use anything they can against me and don't talk without a lawyer etc, but I should go ahead and tell the board myself??

Not seeing the logic in that.

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Specializes in ICU.

I just wanted to ask a couple of questions because perhaps I'm not understanding here, you were accused of drug diversion because another company let it out that you were looking for another job? Am I correct on that?

You shaved your head after the accusation? So no follicle test? Did you shave your entire body? But you have taken an opiod from a year old prescription for a toothache recently? I totally agree that diversion is just not for personal use, but I'm curious as to why you shaved your head when that could have helped you?

Also you pick up meds for patients? I'm not sure what triplicates or pharmacy bills have to do with it. I say this because yes you can pick them up from the pharmacy and pay, and the insurance is billed, but who verifies those narcotics actually go to the patient? If they have patients who say they haven't gotten their medications, who is your witness that you took them to the home? I would think a system would be in place here.

These could be your problems when facing the board. If it was me and I was innocent, I would have called my , spoken to a lawyer, and been drug tested, at least to prove I was not ingesting the pills myself. Then I would be getting any paperwork together I could to prove my innocence. Not shaving my head and taking old hydros. Do you see the reasoning here? You want to claim the board has no common sense, but I'm failing to also see yours. And maybe I'm missing something here. So if you can explain it better, I'd appreciate that.

Bottom line is, you need a lawyer and their advice. One that specializes in nurses. If anything, they can at least contact your old employer and see what the deal is. But having old coworkers and patients ready to testify on their behalf, you may have some issues. Along with other things.

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No, I was accused on Friday, I had shaved my head Thursday. That's how the timeline went out. Again, just a lot of finger pointing at me, without much reading or attention to detail before hand. Exactly what I fear the board will do.

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Specializes in ICU.
No, I was accused on Friday, I had shaved my head Thursday. That's how the timeline went out. Again, just a lot of finger pointing at me, without much reading or attention to detail before hand. Exactly what I fear the board will do.

No. I was just wondering, that's all. These are just things you need to think about when presenting your case, that's all. That's why I was asking. To see what I was missing. There's always 3 sides to every story. I was just wanting clarification as I did read your post and was a little confused so I'd thought I would ask.

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Talk to a lawyer today and get accurate advice. I highly doubt that there will be a complaint to the board for you to defend, there is no point in getting ahead of yourself.

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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

Honestly, in a few states it's a bit of a wild card. I would absolutely consult a lawyer because 1. If they do report you it could become at the very least a long haul or worse you could get managed to monitoring or a consent order BUT 2. Even if you HAD diverted, they are still not allowed to threaten you with less pay. That's where I would start (but I'm no lawyer. ) I agree with a pp you should ask for everything they told you in writing-that alone may scare them off since they have to know this is illegal.

I would not pay for a drug test before consulting a lawyer, they may recommend it but as someone pointed out people can divert and sell and test clean. And the Boards can be unpredictable to plain unfair with accusations of diversion.

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