Advice please, re Narcotic Diversion/Rx Forgery

Barb2000 · Feb 1, 2006

LadyInPain: I have worked with nurses and MD's who have gotten in trouble with drug use at work, including prescription forgery. If they are not pressing charges, count yourself lucky. Some of them did face charges, and when convicted lost their license until they completed their sentence and had their civil rights restored. Most, actually, did not lose their license, as they were allowed to participate in an Alternative to Discipline program (each state has a different name for theirs). It seemed that once they agreed to go to treatment and enter this program, most hospital, clinics, etc., agreed to not pursue charges if they felt the individual was making a genuine attempt at recovery, and would be monitored by the nrsg brd and medical board. Some did have chronic pain, and were still able to have their pain managed and continue working. But, as stated in a previous post, they had to agree to have (in my state's program) : 5 years of drug screening (calling in everyday to see if an observed urine screen was due, with an expected minimum to 2 a month), nursing support group meetings weekly, AA/NA meetings weekly, and individual counseling. All of which have to be documented and sent to the monitoring program. Before all this even started, they had to go to either 28-day inpt or 10 week outpt programs. Most did not have insurance (as they had been fired), so had to pay out of pocket. BUT, as long as they agreed to abide by their monitoring contract, and do all asked, they got to keep their license, with restrictions. Usually no narcotic access for up to a year, and only working in a supervised position. Addiction is a disease, and makes people do things they normally wouldn't. So, I think it is great that not all places or people want to just put medical professionals in jail and throw away the key! If they want to make a change, and will put the effort into it, they should be given a second chance. And I am glad the nursing and medical boards see it this way too.

weyschad · Feb 1, 2006

Get a good attorney experienced in nursing and be ready for a hard ride. Is there a rehab center that specializes in pain control. I know that the Mayo Clinic used to have ward specific for people who had both pain control issues and addiction issues. Good Luck.

BabyRN2Be · Feb 1, 2006

Get a good attorney experienced in nursing and be ready for a hard ride. Is there a rehab center that specializes in pain control. I know that the Mayo Clinic used to have ward specific for people who had both pain control issues and addiction issues. Good Luck.

They do have one but it's completely worthless from what I understand. I've had family members go through this program and after they got home, they just found a new pain control doc who prescribed the same stuff.

I have been treated through the Mayo system and this is not the first place that I would go. There are other places besides Mayo Clinic. I feel that they are riding on the coattails of their past.

Nonpharmacologic pain control might be an option for you, but be sure to do your research on who the top people are, and if possible (I know this is hard) talk with people who have been through their program. But chronic pain being what it is, this may not be possible. My heart really goes out to you and I suggest as others have done that you seek out legal help.

((((hugs)))) to you... I wish you the best of luck in keeping your license.

kersti · Feb 1, 2006

I don't really know too much about this type of a problem- not very rampant/talked about where I am. I did want to wish you all the best and say that I'm sure whatever the future holds for you, you will be strong enough to deal with it.

GooeyRN, ADN, BSN, CNA, LPN, RN · Feb 1, 2006

I feel bad for suffering and having to write your own scripts. Pain leads people to do this sometimes. It happened to a woman I now work with. She worked for one of our docs for 20 some years. She was writing her own scripts and got busted. She couldn't work for a few(3) months and had to go to rehab. She then transfered onto med/surg (the doc had to transfer someone to replace her and I don't think he wanted her back to be honest) She then wasn't allowed to pass narcs for 6 months on med/surg. The hospital didn't have her passing any meds during this time to keep her away from the med carts. She is now passing all meds and doing well. So you may not have to turn in your license. Please get a nurse attorney. You worked hard for your license, even if you choose to never use it again. You never know what the future will bring. ((Hugs))

TazziRN, RN · Feb 1, 2006

What happens will depend on what state you're in. In CA, you WILL have to go off of narcotics but you can stay on your psych meds as long as they're for a psych problem.....depression, etc. Once you finish rehab, if you go into the Diversion program you canNOT go back on pain meds. If you go through the state's probation program through the BRN you can have pain meds as long as they're legally prescribed and not used chronically.

subee, MSN, CRNA · Feb 2, 2006

Thank you all for so much advice, I have searched High and low on the net looking for any type of information on this subject to no vail. Francescafree
I am sorry to hear of all of your woes, the hardest part is having no one to talk to about your situation. I have said many times in the last several weeks, I made my bed and now I have to lie in it. But the really sad part is, all I want to do IS lie in a bed! Hopefully I can keep my head above the water and take care of these things as they come and use it as rehab mentally and physically.
Thank you all so much,
Lady InPain vbmenu_register("postmenu_1502317", true);

Yes, it would be great to have a nurse attorney. Pain is a common gateway for nurses into addiction problems. You have lots of company. I don't know what state you are in - some states are more evolved than others regarding alternatives to discipline. If such a program exists in your state, you are generally much better off self-surrendering your license while you're in rehab. If you want to get back into nursing, you will have to part with your license - and its better to give it up than to have it taken away. If you can't have an attorney with you and you have a peer assistance program in your state, someone from the program might be able to accompany you to your meeting with the BON.

DutchgirlRN, ASN, RN · Feb 2, 2006

Dutchgirl said you wouldn't have to go off of your legitimate meds in rehab. Think again. The reason being is... rehabs don't know the difference between someone who has developed a tolerance to pain medication for chronic pain and an addict. Everyone is an addict in their eyes. Even the teenager who gets drunk or experiments with drugs. I just haven't decided if they do this becaue they are ignorant, or they need a billable diagnosis. I think maybe a little of both.

I don't see any reasons why they would withhold Lyrica and effexor. These are hardly addictive and would likely cause more stress by taking these particular drugs away. Pain meds are given in a prescribed dose if the patient has a legitimate need for it. Again causing more problems if you withhold it.

Barb2000 · Feb 2, 2006

I just want to add that I have seen some posts encouraging you to surrender your license as it will look better than losing it through the board. Be very careful about doing this. To get in most Alternative to Discipline programs, you still have to have your license. The point of the program is to get you back into nursing (if that is what you want), and you have to have a license to do this. If you surrender your license, you will have to wait up to 1-2 years to have it reinstated, and that is usually only after you prove that you have participated in an accepted recovery program on your own. That means documented UDS, AA/NA meetings, chemical dependency evaluations, and individual counseling. If you go immediately to the alternative program, they have you sign a contract where you agree to go to whatever inpatient/outpatient program they feel you need, with AA/NA meetings, random UDS and nurse support meetings following. They allow you to return to nursing with some restrictions within a few months. Unless you really want to give up nursing for awhile, DO NOT surrender your license. The process for reinstatement is not easy. You will not work in nursing for at least a year, maybe longer. Also, alot of nurses have found out the hard way that by surrendering their license, they were put on the Office of Inspector Generals's list. This means they can never work in a federally funded facility (medicaid, medicare reimbursement, VA, etc) at all, even if it is in a non-nursing job, such as housekeeping, billing, etc. They have to get their license reinstated to get taken off the list. I know in Florida, if a nurse has to go before the board, they will ask if he/she would be willing to go to their alternative to discipline program (call IPN), and if they are, their is no revoking of license. I hope this is something you will consider, and your state offers it. Just make sure if you want to surrender your license, you are aware of all the consequences in your state. A nursing lawyer should know this. A good website for advice on this is Nurses in Recovery.

RNZenpeaceful · Feb 2, 2006

Just curious...someone responded to this thread yesterday, in an extremely unsympathetic way...I actually was horrified by that person's response, but of course, everyone is entitled to their opinion. The response began by saying "no hugs for you!" and went on to say that LIP was a "thief, a lier, and a criminal " because of a drug addiction problem that came from "made-up medical problems."I actually could not believe how nasty that post was, so today I tried to find it again...it is "gone!" Why? Do the monitors of this site sometime delete unpleasant/negative responses from this site? (I guess I was fascinated by that person's total unawareness of pain, addiction, and human weakness..., which unfortunately, does reflect an accurate review of addiction that some people may agree with).

Prometheus · Feb 2, 2006

You are in a very serious situation. Retain an Attorney, follow his/her advice. Above all don't go into the BON meetings without an attorney. I don't understand why the Pharmacist hasn't turned you felony over to the DA, your lucky there, and as far as your employer, he is aiding and abeting a felony,somewhere down the line, someone will turn this over to the DA and you will have to face charges, do it with an attorney. Immediately get into a rehab inpatient program, if your lucky and this is your first offense, you will get a defered sentence and be remanded to a drug tx program, after probation petition the court for an expungement. Make your BON work for this conviciton, make them do their job, don't give them anything. Good Luck

SmilingBluEyes · Feb 2, 2006

i respectfully ask those who are not lawyers here to please refrain from advising on legal issues. in other words, do not encourage others to surrender their licenses or make other critical legal moves. this may or may not be the best advice in a given situation. please understand: doing this (giving legal advice) falls in the same sort of dangerous territory providing medical advice as non-doctors/practioners does. please, do not do this.

to the op, once again, i must urge you to seek the counsel of a qualified nurse attorney as soon as you can. best wishes, really!