i just received a letter letter from the board of nursing of my state inviting me to join the Diversion Program because they have received a complaint that I was using drugs or alcohol on the job. It does not specify exactly the nature of the complaint, but either way I have absolutely no clue what it is regarding!
I have had no complaints at all from my current or former jobs about possibly being impaired on the job or any narcotic count issues. I have never showed up to work impaired nor have been asked to do any surprise drug tests. I am really afraid about what this could be about because I honestly have no clue what they could be referring to.
Has anyone received a letter like this or been investigated? Any help is appreciated!
Even if $600 for a consultation and retainer it's still less than the thousands of dollars for drug testing, rehab, addiction evaluations, fines, potential lost income by having a license with stipulations
This sounds so sketchy. Have you double checked the phone number provided on the letterhead with the number listed on the website? This could all be a scam to collect personal information.
Specializes in M/S, LTC, Corrections, PDN & drug rehab.
How can they accuse you of something with no proof? They can't just make you do something without at least hearing your side & a drug test (proof). Something smells fishy!
Specializes in Oncology; medical specialty website.
Thanks to everyone that has replied. To be totally honest, I don't drink or smoke or consume even Tylenol. I can pass any test thrown at me but I'm just so worried and hear stories of people passing drug tests and still getting in trouble with the board. I am really hoping this is some angry former patient or enemy that has reported me.
Your situation is an excellent example of why you shouldn't run to the BON because you "suspect" someone may be using on the job. I'm not saying this is what happened to you, but we often see threads started by someone who suspects a co-worker is impaired/diverting. You may think it's no big deal if it turns out that the co-worker is innocent, but that allegation could still have serious repercussions for the co-worker, up to and including loss of job...even worse.
How can you start a diversion program without know what the complaint was about? Date/time. Do you have a co-worker that would do this? I would go to a reputable independent lab company (here it is called AnyLabTestNow) and take a 12-panel (or whatever) drug test and inlude the alcohol test. I believe it is about $50.00 or $60.00. It would be worth it to present something to the board that you are and have been clean, being that what you are saying is accurate. These tests can go back 30 days or more if I am not mistaken.
Keep in mind that the BON looks into any and every complaint and allegation they receive. Not all of these will result in an investigation, but if the BON does decide to investigate, then there's something in that complaint/allegation that the BON feels is worth checking out. It doesn't necessarily mean that the complaint/allegation that triggered this can be substantiated...just that the BON is concerned enough to look further into it.
IMO, lawyer up, and do so BEFORE dealing with the BON. And have that attorney with you whenever you have to deal with them about this. You don't want to be railroaded into a diversion program that you don't need just to save your license because it will do your career more harm than good (I'll presume you are indeed innocent; if you do have a substance use problem, you don't need to tell us but you need to be honest about it with that lawyer).
It actually does happen. I would definately call, do not give out allot of information. Take notes, names, etc. Be VERY careful what you say, in other words ask for the specifics only. Calling a Lawyer is an excellent idea also. Me personally, I would record each conversation as you may need clarification later, if needed. I'm pretty sure they will be recording your conversation for clarification later. Let us know if this is 'for real' or a scam. Good Luck!
Be careful about recording conversations without disclosure to all parties that you are recording and permission to do so. In some states, including Washington, stealth recording w/o permission will subject you to civil and criminal penalties.
Not that we can give any legal advice, nor should you construe it as such w/o consulting an attorney licensed to practice in your state. You can, of course, look up your state statutes online.
If I were going to pay for a test in hopes of proving my innocence should I need to, I would probably get a hair test. It goes back at least 90 days while most drugs except marijuana are not detectable in urine 3-5 days after consumption. Additionally there are many unscrupulous ways to avoid urine detection while detection of use by hair testing is pretty fool proof. Just my thoughts on that aspect of this situation
Administrative law in most states requires a licensing board to provide you with a written complaint that formally expresses the charge and provides copies of complaining documents for which you are provided an opportunity in writing. You can hire a lawyer if you want to (and you probably should) but I would file the thing away and forget about it and imply to them, "Go right ahead and investigate me. Hand me the cup and I'll pee in it. Then you'll have to eat crow."
Specializes in Psych, Corrections, Med-Surg, Ambulatory.
Unfortunately I don't have malpractice insurance :/ I just got the letter today so I haven't talked with my employer but everything at my workplace seems fine.
The the letter states if I decline the program they will start the investigation and until then they can't provide me with any information about the complaint.
Go for the investigation. I'd worry that just joining the diversion program would be like an admission of guilt. I'm sure they can't show you a copy of the complaint because it's anonymous. Which paves the way for fraudulent complaints and the BON is well aware of that. They might offer the diversion program up front to make it easier on themselves by seeing if you'll cop to it.
Don't cop to anything. Cooperate fully with their investigation, which may not happen for a few months. In the meantime, talk to your supervisor. Get letters of reference. Pay for a consultation with an attorney just to have one handy if it should come to that.
Sounds like they have nothing. Someone did this maliciously which is not unheard of. Don't sweat this. You have nothing to worry about.
JustBeachyNurse, LPN
13,957 Posts
The American Association of Nurse Attorneys has a lawyer referral service TAANA Executive Office - Home
Even if $600 for a consultation and retainer it's still less than the thousands of dollars for drug testing, rehab, addiction evaluations, fines, potential lost income by having a license with stipulations