Anxious I May Lose License Over Diversion

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Anxious I May Lose License Over Diversion

Dear Nurse Beth,

In December I was working in on a very understaffed day while I was quite sick (not a contagious illness) and took prilosec and zofran that was in the med destruction pile. I told the nurse manager about it, got fired and am now under investigation for drug diversion while working as an LPN. I've not yet received my letter from the board as far as all allegations/charges and when I come before the board. Additionally, I didn't report a past DUI on my last renewal. I'm a nervous wreck. How do I prepare for what is to come? I have no idea what the board plans to do.

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11 Answers

Specializes in Tele, ICU, Staff Development.

Dear Nervous Wreck,

Contact the American Association of Nurse Attorneys to help you prepare. You need an attorney that specializes in defending nurses to the BON.

The BON will contact you and you will be able to respond to the allegations. Always respond when the BON contacts you and be truthful.  Don't miss any deadlines or requests for information.

It's important to show that you take responsibility for your mistakes. While it's OK to explain what led to your choices, don't make excuses. Having the right frame of mind may be the most important thing you can do right now, in addition to getting good legal counsel.

Specializes in Geriatrics, Dialysis.

Personally I wouldn't say a thing to your current employer. No need for them to know as investigation's are not public. If you are cleared of wrongdoing why have your current employers knowledge of an investigation hanging over your head? Good luck in this, I hope it ends well for you

Wow, this is sad. I’m sorry this happened to you. Personally, I don’t want any of their meds or would have taken anything from them. I don’t readily trust our employers. I often ask the nurses if they have Tylenol or even Advil. I assume everything med wise in the building is accounted for and I don’t want any parts in any excuses for anything.  Their frame of mind is if they took that what else would they take… so lesson learned. Again, I’m sorry..

I have been through this (not for drug diversion) but the main thing my lawyer stressed was be honest, admit any mistakes you made (even if just in judgement) keep your emotions out of it, be contrite. I was acquitted of all allegations. 

Would you recommend I update my current employer?  I got notice of the investigation after I was hired to a new job last March.  I was notified of the investigation last month.  I feel like I owe it to my current nurse manager to update her, but am afraid I'll be left go being I'm under investigation.  

Nurse Beth said:

Dear Nurse Beth,

In December I was working in on a very understaffed day while I was quite sick (not a contagious illness) and took prilosec and zofran that was in the med destruction pile. I told the nurse manager about it, got fired and am now under investigation for drug diversion while working as an LPN. I've not yet received my letter from the board as far as all allegations/charges and when I come before the board. Additionally, I didn't report a past DUI on my last renewal. I'm a nervous wreck. How do I prepare for what is to come? I have no idea what the board plans to do.

These are not allegations. OP reported herself to the NM regarding the meds and the DUI is documented.

On 9/21/2022 at 8:19 AM, Aliyah 5507 said:

Thank you.  Is there anyone out there who has gone through this?  If so, how did it turn out? 

I got a misdemeanor expunged from my record. I would start with that with the DUI. As far as the meds... how did you end up reporting that to the NM???

Specializes in LTC (LPN-RN).
On 9/21/2022 at 8:29 AM, Aliyah 5507 said:

Additionally, would you recommend I update my current employer?  I got notice of the investigation after I was hired to a new job last March.  I was notified of the investigation last month.  I feel like I owe it to my current nurse manager to update her, but am afraid I'll be left go being I'm under investigation.  

Yes. They will likely let you go. A shame. I'm sure a lesson was learned. Small issues in nursing turn into bigger ones. 

Specializes in Tele, ICU, Staff Development.
On 9/21/2022 at 5:29 AM, Aliyah 5507 said:

Additionally, would you recommend I update my current employer?  I got notice of the investigation after I was hired to a new job last March.  I was notified of the investigation last month.  I feel like I owe it to my current nurse manager to update her, but am afraid I'll be left go being I'm under investigation.  

What would be your reason for informing your current employer? 

I have GERD bad sometimes. I am sure if there was a choice between me going home and not rounding on patients or snagging a freaking disused Prilosec so they don't have to call an MD backup (for 200 an hour), I know what my boss would do...

Sorry OP this is nuts....even as we bleed out nurses...

Yes yes I know what diversion is, but context is key...

Thank you to those who didn't judge. The whole story isn't there, but I did do what I said I did...circumstances behind this, but no excuses. I will update on the outcome, if interested.

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