Diversion for Criminal Charges

Published

Just curious...how many people here have been charged with a felony for diverting at work and recieved diversion for these charges. My public defender is trying to get this by showing im in an extensive rehab program aka monitoring. I just wandered how likely it is or if anyone else has gotten this. I know it doesnt mean i will but I am curious.

RNEV said:

Any update on this situation? Looking for outcomes to possibly prepare myself. I'm going to to the intervention program for SUD but want to know what will happen on the legal end for diversion. 

Legal side meaning.....Criminal Charges or Board of Nursing? Those are two different things and I assume your question is asking about criminal charges for diversion.

Criminal charges for diversion are uncommon, but common enough. I was charged with 4 felonies. For Criminal charges, most nurses across the country enter into a court program that has different names per different states, but they are essentially the same thing. They have names like pretrial intervention, drug court, drug intervention program, pretrial diversion of charges, etc. 

These programs last 4 months to a year and have requirements that are In Addition to your nurse monitoring program. The requirements will require recovery meetings, weekly drug testing, a couple of classes, sometimes a curfew, sometimes no travel outside of the state, a couple of court appearances, required counseling, required treatment recommendations such as partial hospitalization program (6 weeks) followed by IOP (6 weeks). When the requirements are met, the charges are dropped, and at the very worst, dropped to a misdemeanor, but in most programs, all charges dropped and this ends the Criminal side of the equation.

Yes, some nurses do not get into a pretrial diversion program and go through sentencing and do prison time. Of the nurses that do time, these will be ones that substituted massive amounts such as filling vials with saline for patient use after withdrawing Narcotics for personal use. It goes beyond diverting waste, but substitution in large volumes or literally selling it on the street can land you in prison. 

Most nurses aren't charged, but for the one's that are sitting on the fence as to whether they are charged, entering rehab (PHP program) early can sway a prosecutor to not charge. If charged, most nurses complete the court intervention program and charges are dropped.  

If you are charged, continuously use the words "Pretrial Diversion Program" to your defense attorney and hammer home those words. It is a gift. Occasionally, there are nurses so narcissistic that they Refuse the program and demand to go to trial. They are Idiots!. If you go to trial, you are going to do time. A pretrial diversion program (again, it has many names) is a GIFT! You take it! These programs are ran by prosecutor, NOT defense attorneys and the prosecutors (DA's) are the ones who have to be convinced by your defense attorney to let you in. How do they get convinced to let you in? By the work you have put into your recovery such as....NOT HAVING to be TOLD to go to recovery meetings or already entering the nurse monitoring program and already entering rehab. Those things seal the deal and get you into a pretrial diversion program. If you are a nurse who is resistant, denies, refuses to do any recovery stuff, and even denies guilt, the prosecutor will grant you your wish and you have free will. You will not be allowed in the pretrial diversion program and will go to trial and the risk for stste prison skyrockets.

Up Vote Up Vote ×
RNEV said:

Any update on this situation? Looking for outcomes to possibly prepare myself. I'm going to to the intervention program for SUD but want to know what will happen on the legal end for diversion. 

no not really.... Im still waiting for the board to decide what sanctions they will take against my license. I don't think mine will be prosecuted for criminal, it was only two vials missing. nonetheless, I was freaking out and Im still a bit scared of what's going to happen. At least, right now I won't get the states peer assistance program. that is all I know. 

1
Up Vote Up Vote ×

You can't be in the peer assistance program? Or you don't want to? I'm in California so it's a little different I guess

Up Vote Up Vote ×
RNEV said:

You can't be in the peer assistance program? Or you don't want to? I'm in California so it's a little different I guess

no they didn't qualify me as a SUD or mental health so they closed my case. I was evaluated for an entire month, did the drug tests and got an evaluation and they said they don't have a diagnosis for me so they let me go. 

 

when you do your intake, they give you a few options for evaluators . who ever you pick from the list, they will look at your file while in the program and evaluate you, if they don't give you a diagnosis then you might not be eligible to do the program. I didn't have a diagnosis but I also didn't admit to any SUD. every case is different I suppose, I enter the program on my own to get evaluated for sud or mental health. 

Up Vote Up Vote ×
Nurselee22 said:

 At least, right now I won't get the states peer assistance program. that is all I know. 

Do you mean.......you choose not to do the state peer assistance program at this time or wasnt referred for it? Any nurse at any time can enter the peer assistance program if they choose that. There is no "application" or "rejection." It's automatic if a nurse wants it.

Up Vote Up Vote ×

If you don't have an SUD, then you don't need the program and if the evaluators cleared you, then I for dang sure wouldn't enter the peer assistance program. But.....a nurse can NOT have an SUD and still Enter the peer assistance program if they want. I would advise AGAINST it! But, the peer assistance program can be used for mental health, PTSD, etc and if you are willing to pay the money each month, they will take you. I would advice getting help in Other Places if I were a nurse and I didn't have to enter the peer assistance program. It opens a major can of worms.

Up Vote Up Vote ×
Nurselee22 said:

no they didn't qualify me as a SUD or mental health so they closed my case. I was evaluated for an entire month, did the drug tests and got an evaluation and they said they don't have a diagnosis for me so they let me go. 

 

when you do your intake, they give you a few options for evaluators . who ever you pick from the list, they will look at your file while in the program and evaluate you, if they don't give you a diagnosis then you might not be eligible to do the program. I didn't have a diagnosis but I also didn't admit to any SUD. every case is different I suppose, I enter the program on my own to get evaluated for sud or mental health. 

Can you clarify what happened when you said 2 vials were missing? Did they say you took them? What kind of drug tests did they give you in that month? Your situation sounds a little like mine so that's why I'm trying to clarify if you don't mind. The state might make the difference as well I suppose. I'm in CA. 

Up Vote Up Vote ×
NurseJackie69 said:

Do you mean.......you choose not to do the state peer assistance program at this time or wasnt referred for it? Any nurse at any time can enter the peer assistance program if they choose that. There is no "application" or "rejection." It's automatic if a nurse wants it.

So this was my story. I didn't even know I was being investigated at all. One beautiful day I get a letter in the mail and email that I'm getting investigated regarding some discrepancies, two to be exact. I got a lawyer right away. After  I had my interview with the investigator, my lawyer said, enter the peer program and tell them you are in trouble with the board for suspected diversion, and let them evaluate you. And so I did. I had my intake, I had 1.5 months of urine tests, I had a drug addiction specialist evaluate me. This person talked to the board, talked to my psychiatrist, looked at my MAPS and talked to three of my support system. On a Thursday, they met and discussed my case, the next day, Friday they called me and they said they don't have a diagnosis for me so my case will be closed. Now I'm waiting for what the board is going to do with me. But at this time I won't be doing the peer program not because I CHOOSE not to do so but because they cleared me. Anyone that's in trouble with the board can enter the program that doesn't mean I have a SUD or mental health. You have to get evaluated to get a monitoring agreement. 
but like I said this is my story .... That's all I have for you 

Up Vote Up Vote ×
Nurselee22 said:

So this was my story. I didn't even know I was being investigated at all. One beautiful day I get a letter in the mail and email that I'm getting investigated regarding some discrepancies, two to be exact. I got a lawyer right away. After  I had my interview with the investigator, my lawyer said, enter the peer program and tell them you are in trouble with the board for suspected diversion, and let them evaluate you. And so I did. I had my intake, I had 1.5 months of urine tests, I had a drug addiction specialist evaluate me. This person talked to the board, talked to my psychiatrist, looked at my MAPS and talked to three of my support system. On a Thursday, they met and discussed my case, the next day, Friday they called me and they said they don't have a diagnosis for me so my case will be closed. Now I'm waiting for what the board is going to do with me. But at this time I won't be doing the peer program not because I CHOOSE not to do so but because they cleared me. Anyone that's in trouble with the board can enter the program that doesn't mean I have a SUD or mental health. You have to get evaluated to get a monitoring agreement. 
but like I said this is my story .... That's all I have for you 

Thank you for that! I can't believe your employer didn't tell you about it.  

Up Vote Up Vote ×

I diverted, charged with felony, offered no plea agreement, convicted for felony larceny in a building. Got sober, peer support program, privileges reinstated. Life finds a way if you do the right thing.  

Up Vote Up Vote ×
Nurselee22 said:

So this was my story. I didn't even know I was being investigated at all. One beautiful day I get a letter in the mail and email that I'm getting investigated regarding some discrepancies, two to be exact. I got a lawyer right away. After  I had my interview with the investigator, my lawyer said, enter the peer program and tell them you are in trouble with the board for suspected diversion, and let them evaluate you. And so I did. I had my intake, I had 1.5 months of urine tests, I had a drug addiction specialist evaluate me. This person talked to the board, talked to my psychiatrist, looked at my MAPS and talked to three of my support system. On a Thursday, they met and discussed my case, the next day, Friday they called me and they said they don't have a diagnosis for me so my case will be closed. Now I'm waiting for what the board is going to do with me. But at this time I won't be doing the peer program not because I CHOOSE not to do so but because they cleared me. Anyone that's in trouble with the board can enter the program that doesn't mean I have a SUD or mental health. You have to get evaluated to get a monitoring agreement. 
but like I said this is my story .... That's all I have for you 

Your "case is closed" means your case with the BON is closed regarding SUD potential.  What will happen?  Verbal or written warning from the BON telling you to be careful and that further incidences could result in discipline.  You are done.  You beat this.  Congrats.  Stop worrying.  The BON is not going to make you do monitoring, not give you a reprimand, not make this public, and it's only a verbal or written (letter) warning.  When you hear the words, "Your case is closed," that means more than the monitoring program simply closing your case.  It kind of means the BON itself is going to result in no disciplinary action.  

Up Vote Up Vote ×
NurseJackie69 said:

Your "case is closed" means your case with the BON is closed regarding SUD potential.  What will happen?  Verbal or written warning from the BON telling you to be careful and that further incidences could result in discipline.  You are done.  You beat this.  Congrats.  Stop worrying.  The BON is not going to make you do monitoring, not give you a reprimand, not make this public, and it's only a verbal or written (letter) warning.  When you hear the words, "Your case is closed," that means more than the monitoring program simply closing your case.  It kind of means the BON itself is going to result in no disciplinary action.  

I hope so. I really don't know what it means with the BON. I just went through the process, joining my peer assistance program, to save my license. my report from the addiction specialist is 5 pages long, it was over an hour interview. I hope it did me justice with the BON as well. Im stilling checking my mail and email everyday with anxiety. Im still not cleared from BON though, and I don't know how close the BON and the peer program work together. I cant wait for this to be over. 

1
Up Vote Up Vote ×
+ Join the Discussion