BON investigation process... CONFUSED

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Just about a year ago I was sent a letter from the BON that i was being investigated for diversion by a facility I was no longer employed by. I had resigned from my position after being advised to do so by my therapist. I had a metal health crisis myself in which I began disassociating at work and was diagnosed with PTSD. I had no idea I was even being investigated as my employer never said anything to me and, the day after my last shift, I went to see my doctor who sent me straight to a psych facility where I started partial inpatient therapy for my acute break.

Anyway, I received the letter from the BON almost exactly a year ago and they asked me to send in a statement. Problem was, I didn't even know what the accusations were and I couldn't reach anyone at the BON so, I sent in a 14 page letter advising them of exactly what happened during my short three months of employment. Since sending in the letter, I've not received ANYTHING from the BON, have not been contacted by PD, or my former employer... until today. A year later... the letter simply said there was a new investigator assigned to my case.

This morning, I've been trying to look up the process the BON takes and what would likely happen next but I truly can't find anything! I'm scared to death because I'm seeing all of these things about felony's and repayment and people going to jail...

I had a psychotic break and couldn't talk to my supervisor about it (out of fear). I had a drug test the 2nd day of treatment which, of course, was clean. My therapist had also told me I needed to stay away from working in the ER for at least 2 years. For the past year I've been working from home therefore, no way to be accused of diversion. I recently started working PRN at an LTAC where I'm a supervisor but have, on 3 occasions, administered narcotics. Now I'm wondering if I need to quit that job until this is all over. But how long will that be? I don't want there to be any chance of losing my license or even being under investigation!

So, here are my questions (hopefully someone can help?):

1) Can i be arrested?

2) what is the initial process that should have or did take place without my knowledge?

3) what is the BON process from here?

4) what happens if they interview me?

5) if I have to start doing randoms, what type are they and how will I be notified?

I'M SCARED! Any information is welcome and THANK YOU!

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Specializes in Educator.

First of all I am not a lawyer and therefore cannot give you legal advice. Second - breathe.... the wheels of the BON turn slowly, but I think it's highly unlikely you will be arrested unless there is some part of your story you left out.

Get professional legal advice - if you have now is the time to use it, if not lawyer up and let your lawyer do all the talking with the BON. They are NOT YOUR FRIEND. Their role is to protect the public, so do not volunteer any further information to them.

I wish you peace.

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Thank you for your response! The only thing inn leaving out is the exact issues I had dieting my break which, after reading all of the stuff I read this morning, I can see where they would have had suspicions only because I was, literally, locking myself in the bathroom several times a shift and just trying to catch my breath. I did not, however, EVER slack on my documentation, give meds without an order, fail to waste, etc. I tried to call the BON this morning to find out what exactly is going on butt haven't heard anything. I know I will not give them a statement without talking to an attorney first. But, I wonder if that will make me look guilty? I was reading stories about nurses admitting guilt to "clear their conscience". Do they try to convince you it will make it easier on you if you just say you did it?

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Specializes in PDN; Burn; Phone triage.

Hopefully nothing will come of the diversion speculation since the evidence seems flimsya and you have documentation of your mental health struggles at the time however the BON may still come to the conclusion that you need further monitoring because you've had mental health issues that have impaired your ability to work...

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Hi. I'm in Mississippi. The BON investigation takes a long time, I'm learning that. I self reported to the BON over a year ago in Feb 2016 and I still haven't been called for an interview and I haven't heard from the nurse recovery program (our diversion program here in MS) . I met with an investigator in March 2016 , wish now I would not have . I didn't hire a lawyer , I may still hire one if it will do any good since I've already given a written statement. I'm going to consult with one who specializes with the board and find out.

My license is active and I'm working in dialysis. There is not a mark on my licenses yet. From posts I've seen here, I've seen that the process takes a long time.

I've handed it over to God and praying for the best. I'm so thankful for my 16 months of sobriety.

Wish you the best! Prayers!

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What do you think that would entail? Would it show up on my license? I went through intense therapy for awhile but had to stop because I couldn't afford it any longer. I'm thinking of doing something called EMDR which they say kind of reprograms your brain to process trauma differently instead of the "fight or flight response". Maybe I should start that quickly so it would help. Should I stop working PRN and jyst stay home at my home job until my date is sealed? I'm extremely scared!

TiffpritRN- I, too, sent in a statement without consulting an attorney but had no idea what the accusations were so I just did a very specific timeline of events. There were no need errors, that I know of, involved. I never gave meds without an order and the count was never off but the BON really hasn't given me anything regarding what the employer specifically said. Will they even take into consideration that I had a negative drug screen the second day of therapy? I've also done several since then for pie employment but I'm not sure they'll take that into consideration. Oh, does your current employer know anything? Mine does not because, at the time I did my application, I didn't know anything. If they find out can I be fired even though I don't do anything with medication at all?

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Specializes in OR.
I met with an investigator in March 2016 , wish now I would not have . I didn't hire a lawyer , I may still hire one if it will do any good since I've already given a written statement. I'm going to consult with one who specializes with the board and find out.

Prayers!

This^^^

One of the things i loathe (and there are many) about this whole experience is that you get left hanging. You think, okay, i've done the right thing, I'm not hiding anything, i just want to get past a terrible time and move on. But no, you get left hanging with no idea of where this is going next. mine too was mental health related and i thought i was doing the right thing by answering the investigator's questions. i had already self reported and was in the process of jumping the programs' hoops. That person said "well keep doing what you are doing and you'll never hear from us again." Boy was that a whopper of a lie!!! Fast forward almost a year and $40K cash, after the mill of mind ****ing treatment for problems I don't have and minimal to nothing for what I do have and already under contract....wham! board action!! When it finally came before the board some 8 months later after that, do you think anyone from the program bothered to mention that i was already involved with them and compliant? That would be a negative, nope, not a word. End result...i got board ordered into something i had already been doing for almost 2 years....oh and a $2000 fine to boot. No wonder I have a pitifully low opinion of these programs.

For whatever a person did or did not do, good or bad, intentional or not, being left hanging and not knowing the next step is terrible. At least for me, this whole experience has made it very difficult for me to trust anyone or anything about these things. i used to think people were basically good and now? My trust must be earned.

Alright, i digress....my suggestion is to lawyer up, talk to no one, especially the BON. Keep ALL records of any papers, emails, notes of phone conversations, etc. Nobody from the BON or these programs have your back. You are a number in a file folder and with an open checkbook attached. Do NOT, and i cannot say this loud enough, admit to anything that you did not do just to make this go away....It won't. if it comes to you needing monitoring due to mental health issues, fine. Better it that than the stigma that is sadly attached to addiction illnesses. Sadly, these programs are set up for the addiction afflicted individual and any others get lumped in for lack of knowing (or caring) what else to do with us.

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Specializes in PDN; Burn; Phone triage.

No, I think it's a good idea to keep working like you are now. Because 1) all we are really doing is speculating and 2) if the board decides to move against you, there will probably be a time where you can't work as a nurse and will need to pay rent and eat, ideally should be paying for an attorney so having some extra cash will be really useful. As it's been mentioned before, it's not unusual for the BON to move at a glacial pace and I wouldn't take it as either good or a bad sign that they're keeping you in the dark -- that's just how they operate. At this point, there just isn't much that you can do other than maybe consult an attorney who may tell you to come back if the board files anything against you.

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Yes, I told my current boss that I'm being investigated by the board , but I have known her a long time and she knows me and knows I've been through treatment for addiction, she was very understanding. However, if she was someone who didn't know me then I probably wouldn't have mentioned anything since my license is currently active with no restrictions. All the employers are really concerned about is if your license is active without restriction at the time you're hired.

I chose dialysis because we don't deal with narcs. If you have a job where you don't pass out narcs then you should be ok to work - just my thinking . Because at this point you're like me, you don't know what's next.

Good luck!

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As others have said, you can be disciplined for psych issues as well. I have a nurse in my group that was placed on monitoring simply because she was diagnosed as bipolar and her dumb therapist advised her to self report to the board. She was placed on nursing probation with randomized drug testing, mandatory 12 step groups and fees for 3 years just like the rest of us. Doesn't make any sense to me but little does with the BON.

Don't reveal anything to the BON about your mental health issues. By all means, if you need continued treatment seek it out but that should be your personal struggle, not public record for the world to know. Hopefully the diversion investigation blows over as it looks like they have little evidence

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Sounds like you've been through the ringer :-(

This is not where unthought I would be 20 years into my nursing career.

We nurses have to support each other , at least we know we're not alone

God bless :-)

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Specializes in ICU.

Call an attorney

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