California BRN investigation notification

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Specializes in Labor and Delivery.

I am concerned that something that happened at work about 6 months ago will be reported to the CA BRN (if it has not already). The situation involves narcotics that were charted given and wasted appropriately, but involved a trip to the bathroom in my pocket in between (I am stupid, I know) which a coworker saw and reported. I was brought into the office and read the riot act at the end of my shift and I was expecting to have to give a urine sample, but was not required to. A week later I was called at home by the manager who basically said this would lead to disciplinary action by the hospital (yes, with the meds being accounted for and no urine test offered). I was off from work for a long stretch and put in a 2 week notice, which I had been planning to do ever since COVID sprung up.

Anyway, my question is directed to anyone and everyone who has been investigated by the CA BRN: How were you notified of an investigation? I do know that if it involves narcotics and you are a California resident you will be first notified with an offer for the Intervention program. (I was not a resident at the time of the incident. I commuted from Nevada a few times a month, so I would not have been eligible for the Intervention/Diversion program and besides, I do not do drugs and nothing went missing). Did you get a letter? The lawyer I spoke to has a practice that deals almost exclusively with healthcare professionals stated that the investigator may call, but it is preceded by a formal letter (not the same as the official Accusation letter sent by certified mail). I do know that some nurses have had an "unprofessional conduct" charge added to their disciplinary actions from not calling an investigator back after they left a message. I am just worried that they may have tried to contact me by phone only and I would have ignored/deleted the message from a number I did not recognize.

I did contact my phone provider and do have a record of incoming calls, but I was told by my phone provider that only the calls that I made or the incoming calls that I answered would show up on the call log and not the ones that came in and went to voicemail. Yikes.

 

 

 

 

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It takes at least a year to hear from the investigator.

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Specializes in Labor and Delivery.

A year? Wow. I know they are overloaded, but a year? From the time an employer files a complaint? Or maybe some employers are not prompt about filing a complaint? I signed up for the USPS "Informed Delivery" so I do not miss a letter and I am now thorough about checking my phone. Perhaps, I am being paranoid. Oh well, thank you for your response!

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Specializes in Telemetry.

I heard from an investigator within a month of entering CA Intervention Program which was 2 months after the event that started this whole thing occurred. Got a letter asking me to call. I did this. Investigator explained that yes, she must do investigation but it gets tossed when I successfully complete Intervention. This makes sense as not everyone completes the program successfully and they need to get info while it is still "fresh" in peoples recollection I guess. I have 2 years in now and look forward to completion. 

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Specializes in Labor and Delivery.

Sharklady, 

Happy to hear that your journey is going well. You are more than halfway there!  

So you got a letter. That makes me feel better that maybe I have not missed something. Hopefully the CA BRN is consistent in how they notify people. That's what I am wondering. 

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Specializes in Telemetry.

I checked my email for dates of contact. It was actually Aug 22, 2020 that I replied to the Investigator who had sent a written letter from DCA. Her reply came on Aug 25,2020.  So it was a little more like  4 months from the day the event occurred (4/27) , 2 months from the day I entered CA Intervention program (6/24). As you can see it moved kind of fast.

One thing I have learned about BRN through all this though is that things are NOT consistent.  There are a bunch of us in a program mandated support group and we all compare notes on how long various steps/paperwork etc take and it was surprising how much variation there was.   

I hope this all turns out for the best for you and hang in there.  Lots of info and support here for you too ?

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My incident was 12/18. I didn’t hear from the BON investigator until 4/20. I didn’t enter the program until 7/20. I never received a letter. I got a phone call from the investigator. I work with a guy who is under investigation and his complaint was made a year ago too. They are very back logged. Hopefully they didn’t report you.

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Specializes in Labor and Delivery.

Thank you for your replies. 

 The fact that they sometimes may only call is unnerving to me. In the past I have received several robo calls about investigations.  I have voice-to-text voicemails so whenever I have seen something about an investigation I have erased it. These Robo calls went something like "press 5 to speak to a representative now!" - cheesy stuff like that.  I am just afraid that I have received one of those calls from an actual BRN investigator and I erased it unknowingly. This will result in an "unprofessional conduct" charge for not cooperating with an investigation that I didn't know was taking place. I am beside myself.

  I have noticed that things seem to move quicker if they involve law enforcement as this is filtered through live scan and might be an automatic trigger to the Department of Consumer Affairs (DCA) and then the BRN.

 All of this and no medication was missing and I wasn't offered a urine screen. I just want to leave nursing.

 

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It will be from a Sacramento area code. If they can’t get a hold of you by phone then I am sure you will be notified by mail. Don’t give up nursing over this unless you just want to. Employers often don’t drug test that’s why you have to do it on your own. You could have easily put toilet water into a syringe for waste. I know, I have done it. It looks highly suspicious that you took it into a bathroom. I am not saying that you did anything but to others it could appear that way. How did your coworker even know you took it in the bathroom? Don’t worry too much because there is nothing you can do to change anything. It’s all going to be OK!

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Specializes in Labor and Delivery.

That's right Sanfranjflo, I cannot change anything now.  I don't want to reveal too much about my situation here, but when I can send a PM I will.

But at least my situation is not as bad as the CA BRN former president,  Joseph Morris! Sexual harassment and fabricating documents for state auditors got him in some hot water. His license is now in jeopardy. 

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You are going to be OK! I promise! My fingers crossed they didn’t report you. 

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Specializes in Psychiatric RN.

Hi everyone,

I'll share my time as mine happened right at the beginning of the pandemic.
 

  • 10/19-1/20 I worked in a very toxic work environment. I left the job at the end of 1/20 and started a new job in 2/20.
  • 3/20 I got a letter from the board that a complaint was filed against me. There was a contact number and I spoke to the person. I was so distraught that I even asked if I can ask things off the record and they were clear that everything discussed is on record. At some point I got a letter for the intervention program. I immediately lawyered up as I was so confused as to how to proceed.
  • 4/20 Board gets back to my lawyer and they want to schedule an interview - 10/20
  • 10/20 I do the interview via Teams - I was sick with COVID when I did the interview.
  • 6/21 I get an noticed that they're going through with the investigation. The accusation is now public on my record.
  • 10/21 We hear from the board that they're decided on probation.
  • 3/3/22 Probation starts - never heard anything from the board. I call the enforcement unit and left them a voice message.
  • 3/4/22 I get an e-mail from the Board about my assigned probation monitor as well as a checklist of things to be done. 
     

If anyone wants to be penpals/support buddies during probation - would love to have some support. [email protected].

I guess since my probation is 3 years I can petition at 2 years. I was gonna go for my MSN but I'm honestly tired of pushing grad school back - thinking of getting my MPH instead. 

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