California BRN investigation notification

Published

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.

 

 

 

 

Specializes in Labor and Delivery.
7 hours ago, Sanfranjflo said:

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

Thank you!

Specializes in Labor and Delivery.
3 hours ago, xbananachipsx said:

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. 

So you just started probation. I wish you peace and success. It sounds like your journey to probation was a lengthy one. I can't decide if it's cruel for the CA BRN to take so long or if it is better for the accused to sit with the idea of probation for a bit and get used to it.

Specifically, what is on the "checklist"?

Specializes in Psychiatric RN.

I can't tell you how many times I would sit with severe anxiety about this whole case. For a while I was doing okay because I tried to let it not get the best of me... just taking it day by day - but it finally happened I'm in the dark and I cant work until they approve my employment.

Checklist of things:

  • Approval of employment form to be filled out by supervisor (I had to learn this the hard way... after sending the info to my probation monitor... she gave me very confusing responses that I was like OK screw it I'm gonna send it to my boss for them to send to my monitor)
  • Fingerprinting - apparently didn't have to do it since I did it when I applied for licensure... gotta read the fine print of the decision and order. I don't know why they added it to my check list when it's already been done aeons ago - but I did it anywho
  • CEUs - supposedly I have some assigned but I have the slightest clue and am waiting to have the "orientation" with my probation monitor.
  • psych eval - I'm responsible for finding a forensic psych professional. - they have to be approved by the board, then I do like a 4 hour session of tests and evaluations - seeing if I'm mentally safe to practice
  • weekly therapy sessions

Literally doing things without my monitor giving me much guidance trying to go with whatever documentation was given to me. 
 

Specializes in Labor and Delivery.

Thank you xbananachipsx for the checklist.  I don't like surprises or the unknown so I'm trying to get a feel for things should my life implode. 

Specializes in Psychiatric RN.
5 hours ago, PLG1988 said:

Thank you xbananachipsx for the checklist.  I don't like surprises or the unknown so I'm trying to get a feel for things should my life implode. 

I totally get it. Honestly looking at the forums has helped me navigate the system. Allnurses seems more informative that reddit imo. 

We don't see much people talking about it because of the guilt and shame associated with it. 

Would it be okay if I DM'd you?

Specializes in Labor and Delivery.
5 hours ago, xbananachipsx said:

I totally get it. Honestly looking at the forums has helped me navigate the system. Allnurses seems more informative that reddit imo. 

We don't see much people talking about it because of the guilt and shame associated with it. 

Would it be okay if I DM'd you?

Yes.

On 3/16/2022 at 5:53 PM, xbananachipsx said:

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. 

It’s a shame what we have yo endure in the hands of these toxic facilities. 3 years here too. I’ll shoot you an email. 

Hi, I received an email today about IPN. I'm confused because I self reported that I had out-of-state discipline regarding med error.  Should I ask a lawyer at this point? Should I just ignore it, wait for the investigation? I'm afraid I can't afford them, besides I already had discipline out of state. It's not like my discipline will disappear if I finish the program.  

 

Curious_Bethy said:

Hi, I received an email today about IPN. I'm confused because I self reported that I had out-of-state discipline regarding med error.  Should I ask a lawyer at this point? Should I just ignore it, wait for the investigation? I'm afraid I can't afford them, besides I already had discipline out of state. It's not like my discipline will disappear if I finish the program.  

 

A previous med error and IPN are not the same thing.  You don't get placed into a monitoring program due to a simple med error.  Is there more to the story?  Was the med error something just a bit more than a med error.....as in....narcotics went missing and you called this a med error, but it's actually a bit more than med error?  Are you saying that you are being investigated by the Board for a simple med error that you reported?  If so, acknowledge the investigation and comply.  Why do you need a lawyer?  If it was a med error, what do you have to hide?

But, if there is something more to the story that you are telling (and there usually is with these discussions) and your "med error" was related to drugs that went missing, or if your "med error" was one in which your previous stated they gave some type of disciplinary action.  If the med error or discipline was related to narcotics, I suggest you immediately go get your own Chemical Eval from a Treatment Center and send that to the Board on your own showing that you don't have a chemical issue.  That will nip it in the bud and end it right there.

Now, if you truly and simply did....have a med error in your previous state and it was only that and not narcotic related, or if your previous board required some type of chemical eval when they disciplined you, then send that copy to the board, and then I suggest you tell the truth and say yes, I made a med error, just like probably everyone on the Nurse Board and on this Board has had a speeding ticket at some time.  People make mistakes, but what I am getting at is...........is there just a little something extra that happened in what you are calling, "a med error."

DO NOT IGNORE IT!  The investigation will go on without out you.  At least acknowledge that you have received the notice of investigation.  You have to do that.  Even if you had a lawyer, the lawyer will tell you that you have to acknowledge that you have received the email.  Now, complying, speaking to the Board, telling your story to them is NOT required.  That is where the lawyer could come in.  Here is the thing, if it's in the past and the discipline with the previous board is over with and you have nothing to hide, then I wouldn't get a lawyer.  

solarex said:

A previous med error and IPN are not the same thing.  You don't get placed into a monitoring program due to a simple med error.  Is there more to the story?  Was the med error something just a bit more than a med error.....as in....narcotics went missing and you called this a med error, but it's actually a bit more than med error?  Are you saying that you are being investigated by the Board for a simple med error that you reported?  If so, acknowledge the investigation and comply.  Why do you need a lawyer?  If it was a med error, what do you have to hide?

But, if there is something more to the story that you are telling (and there usually is with these discussions) and your "med error" was related to drugs that went missing, or if your "med error" was one in which your previous stated they gave some type of disciplinary action.  If the med error or discipline was related to narcotics, I suggest you immediately go get your own Chemical Eval from a Treatment Center and send that to the Board on your own showing that you don't have a chemical issue.  That will nip it in the bud and end it right there.

Now, if you truly and simply did....have a med error in your previous state and it was only that and not narcotic related, or if your previous board required some type of chemical eval when they disciplined you, then send that copy to the board, and then I suggest you tell the truth and say yes, I made a med error, just like probably everyone on the Nurse Board and on this Board has had a speeding ticket at some time.  People make mistakes, but what I am getting at is...........is there just a little something extra that happened in what you are calling, "a med error."

DO NOT IGNORE IT!  The investigation will go on without out you.  At least acknowledge that you have received the notice of investigation.  You have to do that.  Even if you had a lawyer, the lawyer will tell you that you have to acknowledge that you have received the email.  Now, complying, speaking to the Board, telling your story to them is NOT required.  That is where the lawyer could come in.  Here is the thing, if it's in the past and the discipline with the previous board is over with and you have nothing to hide, then I wouldn't get a lawyer.  

Hi, thank you for your insights.

My med error involves a PRN controlled drug. It was accounted for, I got disciplined because I gave it without realizing it was discontinued, my case was giving meds without MD order.

  I guess , that should explained why I got IPN email from BRN.

 

Curious_Bethy said:

Hi, thank you for your insights.

My med error involves a PRN controlled drug. It was accounted for, I got disciplined because I gave it without realizing it was discontinued, my case was giving meds without MD order.

  I guess , that should explained why I got IPN email from BRN.

 

Then....you need to fight.  I would first and foremost, acknowledge the receipt of the investigation.  2nd, I would immediately get a chemical evaluation and then send this to the Board.  From that point right there, the Board has no case against you.  What you did was in the past and you paid for it, and you have the proof that you don't have a substance abuse issue.  IF the Board does not stop.....after you have given them the chemical eval, obtain an attorney.  I would not obtain an attorney yet.  The chemical eval showing you don't have a substance abuse issue should do it.  That should end it.  But, if that doesn't end it, I would then get an attorney.  

solarex said:

Then....you need to fight.  I would first and foremost, acknowledge the receipt of the investigation.  2nd, I would immediately get a chemical evaluation and then send this to the Board.  From that point right there, the Board has no case against you.  What you did was in the past and you paid for it, and you have the proof that you don't have a substance abuse issue.  IF the Board does not stop.....after you have given them the chemical eval, obtain an attorney.  I would not obtain an attorney yet.  The chemical eval showing you don't have a substance abuse issue should do it.  That should end it.  But, if that doesn't end it, I would then get an attorney.  

That makes sense. Thank you for the advice.

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