Diversion for Criminal Charges

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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.

Nurselee22 said:

I hope so. I really don't know what it means with the BON. I just went through the process, joining my peer 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 clear from BON. I cant wait for this to be over. 

What was the issue with the 2 vials? Did they suspect diversion? Or what were they getting at with the report?

RNEV said:

What was the issue with the 2 vials? Did they suspect diversion? Or what were they getting at with the report?

pulled from Pyxis but not scanned/ charted. yes, it was a suspected diversion. basically where are the vials if you didn't scan them.... 

You wrote that you weren't sure how close the BONs and monitoring programs are? The BONs and monitoring programs want nurses to believe that their relationship is like New Mexico and Mongolia or Oil and Water, in that they have little to no relationship and have little communication. The fact is, they are JOINED at the hip. As soon as you got the SUD eval, the BON had looked at it Before you received the results. Many monitoring programs offices in many states are located in the same Building/same floor as the BON. They talk all of the time, ongoing, regularly.

@Nurselee22 it sounds like you are going to be fine. I would t be surprised if at some point you get called to go in front of the board. (Which is now just a phone meeting in most cases) It took them over 3 years to get to my case and I was actually in the program AND got charged and convicted. However I did the peer assistance program and was able to get a job and eventually get my license off probation even with two misdemeanor convictions. But in your case I think the BON will just say your license will remain free and clear because they have no evidence of anything. They make say do a medication safety course or something. But I don't think you have anything to worry about. I've never seen them take action on a license for that. And I heard some CRAZY stories when I got called in front of the board. LOL 

NurseJackie69 said:

You wrote that you weren't sure how close the BONs and mo itoring programs are? The BONs and monitoring programs want nurses to believe that their relationship is like New Mexico and Mongolia or Oil and Water, in that they have little to no relationship and have little communication. The fact is, they are JOINED at the hip. As soon as you got the SUD eval, the BON had looked at it Before you receives the results. Many monitoring programs offices in many states are located in the same Building/same floor as the BON. They talk all of the time, ongoing, regularly.

you might be right, because when I was going through the peer program the investigator asked for a release of info agreement for my peer program, the first week I entered. and when the evaluator interview me, she knew things before I even said my answers. 

either way, im still waiting.... for something from BON.

Hey @JB C hey I'm in a similar situation when you were charged was it your job /employer who pressed charges ? Where did you divert from and how much ? You can dm me if you don't feel comfortable asking on here I'm afraid because I got accused at work but I'm on administrative leave pending a drug screen results 

Nursebae2024 said:

Hey @JB C hey I'm in a similar situation when you were charged was it your job /employer who pressed charges ? Where did you divert from and how much ? You can dm me if you don't feel comfortable asking on here I'm afraid because I got accused at work but I'm on administrative leave pending a drug screen results 

Idaho for me. Have 3 months left in Idaho program. Employers and jobs can't press charges. That's not legal. Only a prosecutor can press charges as they represent the state. An investigator turns over evidence to the District Attorney (prosecutor) that is gathered evidence from the Hospital/Employer. The DA decides whether to bring charges. The hospital has no say so.  I diverted Demerol from the ER and got caught.

Any crime in the USA is charged by a District Attorney or in case of the Deferal Government, a Federal Prosecutor. This applies to car theft, murder, assault, ANY crime. A hospital can't "put you in jail" or bring charges against you. Only a DA can. Read about civil law versus criminal law. 

Rdsrn said:

@Nurselee22 it sounds like you are going to be fine. I would t be surprised if at some point you get called to go in front of the board. (Which is now just a phone meeting in most cases) It took them over 3 years to get to my case and I was actually in the program AND got charged and convicted. However I did the peer assistance program and was able to get a job and eventually get my license off probation even with two misdemeanor convictions. But in your case I think the BON will just say your license will remain free and clear because they have no evidence of anything. They make say do a medication safety course or something. But I don't think you have anything to worry about. I've never seen them take action on a license for that. And I heard some CRAZY stories when I got called in front of the board. LOL 

so they gave me 1 year probation working as a nurse, thats all. it'll be 2 years if I don't work. I want to fight it but I have nothing left in me. this entire situation has ruining my love for nursing... 

Nurselee22 said:

so they gave me 1 year probation working as a nurse, thats all. it'll be 2 years if I don't work. I want to fight it but I have nothing left in me. this entire situation has ruining my love for nursing... 

That's nothing. It should have been nothing at all, ZERO probation but I promise you, 12 months is Fast. I always tell nurses this and it's the same for Doctors and NPS and PAs and Midwives and CRNAs. Their medical profession UNfortunately becomes Completely Who They Are. Their identity is completely intertwined with their profession to the point that their profession Takes Over their identity and when it's time to retire or they get health issues and can't practice, many drink themselves to death or quickly get cancer due to the grief and los of sense of self, and some even take their own lives. It's sad.

Your identify is FIRST and FOREMOST, a wife, husband, daughter, brother, good person. etc, NOT your profession..Families care about family members. The nursing profession does NOT care about you. It does NOT know you. It's NOT interested in your success or failures. It's Robotic. It's Not Alive. I hope any and all reading remember this.

The above doesn't mean you shouldn't be proud of your accomplishments or the job you do in helping others and the above doesn't mean you shouldn't try to be the best nurse, BUT.....when "Nurse" is your identity as first and foremost, A Nurse, or A Doctor, or A Lawyer, you are in deep deep shi$ mentally and emotionally because none of us can practice forever. That day will come for all of us, and for some, it's like their entire identify (sense of self) is completely removed in one single day and bad things happen then.

You shouldn't Love or Hate "Nursing." It's awesome to like your job and what you do, but "Nursing" is NOT alive. It's......an "it." It has no heart, brain, or lungs. Treat Nursing exactly like what it is. It's an "it." You can take it or leave it and again, you want to like your job and what you do, but that's as far as it should be taken. It, just like any other profession, doesn't need to be taken further. It should not be the first thing you identify as.

NurseJackie69 said:

That's nothing. It should have been nothing at all, ZERO probation but I promise you, 12 months is Fast. I always tell nurses this and it's the same for Doctors and NPS and PAs and Midwives and CRNAs. Their medical profession UNfortunately becomes Completely Who They Are. Their identity is completely intertwined with their profession to the point that their profession Takes Over their identity and when it's time to retire or they get health issues and can't practice, many drink themselves to death or quickly get cancer due to the grief and los of sense of self, and some even take their own lives. It's sad.

Your identify is FIRST and FOREMOST, a wife, husband, daughter, brother, good person. etc, NOT your profession..Families care about family members. The nursing profession does NOT care about you. It does NOT know you. It's NOT interested in your success or failures. It's Robotic. It's Not Alive. I hope any and all reading remember this.

The above doesn't mean you shouldn't be proud of your accomplishments or the job you do in helping others and the above doesn't mean you shouldn't try to be the best nurse, BUT.....when "Nurse" is your identity as first and foremost, A Nurse, or A Doctor, or A Lawyer, you are in deep deep shi$ mentally and emotionally because none of us can practice forever. That day will come for all of us, and for some, it's like their entire identify (sense of self) is completely removed in one single day and bad things happen then.

You shouldn't Love or Hate "Nursing." It's awesome to like your job and what you do, but "Nursing" is NOT alive. It's......an "it." It has no heart, brain, or lungs. Treat Nursing exactly like what it is. It's an "it." You can take it or leave it and again, you want to like your job and what you do, but that's as far as it should be taken. It, just like any other profession, doesn't need to be taken further. It should not be the first thing you identify as.

I appreciate your good words, really, it means a lot. as a human I feel defeated, it's very hard to accept  "guilt" for something that it doesn't need this much punishment, there isn't one nurse one this universe that hasn't missed a waste or two. but I know life isn't fair, so I'm ready to move on.

either way, im glad its over for now. and thank you for your advice throughout this, truly. 

has anyone worked from home/remote on probation? I don't have any restrictions on my license, I just need 4 quarterly check ins from a manager and I'll get automatically off probation. 

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