Diversion

[Frina]

I have a question regarding med diversion and how it is addressed. Recently a relatively new hire (not new nurse) was accused of narcotic diversion. She came into work and was met by the nurse manager, director, and HR with reason to believe she had diverted narcotics . The nurse did not know why and when she asked them where this was stemming from or if there was any incident or error, she was told that they were not allowed to give any details or share any evidence. She was then told that it would be better for her to cooperate, and that she would have a better chance of the board working with her if she basically confessed to the accusation, even with no information as to what she was confessions to.

I believe she ended up giving some sort of confession although she still denies having any idea what they were talking about.

My question is has anyone ever heard anything like this? Is someone actually helping the self by confessing to something they didn't actually do? And are managers really not allowed to tell the nurse the reason or evidence regarding the accusation?

[Nurse SMS, MSN, RN]

You seriously need a lawyer.

[SpankedInPittsburgh, DNP, RN]

yep!!!!

[Munch]

Its the oldest interrogation trick in the book. Police do this all the time when trying to get info out of a suspect. They always say it will go better for the person if they cooperate. Its not true! The board is not your friend. Now that they have a confession they have information against you that they wouldn't have had if you kept your mouth shut. Heaven forbid they pursue criminal charges your words can be used against you. Definitely seek counsel to try and mitigate as much damage as possible!

[llg, PhD, RN]

After an hour of this going on and feeling like I didn't have a choice I made a vague statement. I don't even think I used the term narcotic and definitely didn't name any type of medication.

Exactly what "vague statement" did you make? That is the statement that will be used against you. That is the "confession" that you will be credited with.

[brandy1017, ASN, RN]

They took my badge, so fired yes. I didn't sign any kind of termination. They didn't escort me off the property or anything. They said if the board contacts me to be cooperative- that it woill make it easier for me. Which is the same thing they said the entire meeting

Don't understand why you confessed if you were innocent. Regardless never confess to anything as it will be held against you. If you've done something wrong let them prove it, don't make it easy for them!

It's too late now. You will have the board after you and have to go into an expensive long drug treatment program if you want to stay working as a nurse.

I don't know the truth of the situation, but for everyone out there, especially all the new grads the employer is not your friend. Nurses can be accused falsely based on suspicion. Be aware your actions are being monitored by pharmacy. The ADU records how many controlled substances you give out and is compared to the rest of your coworkers. If you give out more than the average they can start an investigation on you. Make sure you document all controlled substances and make sure to record before and after pain score documentation. You could be searched and asked to undergo a drug test at any time including if you file a work injury for workers comp so don't ever take any meds you don't have a legal active prescription for.

[NurseCard, ADN]

Its the oldest interrogation trick in the book. Police do this all the time when trying to get info out of a suspect. They always say it will go better for the person if they cooperate. Its not true! The board is not your friend. Now that they have a confession they have information against you that they wouldn't have had if you kept your mouth shut. Heaven forbid they pursue criminal charges your words can be used against you. Definitely seek counsel to try and mitigate as much damage as possible!

This!! Police just want a confession so they can close the case.

Same with your bosses!

[Accolay]

Its the oldest interrogation trick in the book. Police do this all the time when trying to get info out of a suspect. They always say it will go better for the person if they cooperate. Its not true!

False confession - Wikipedia

[brandy1017, ASN, RN]

I can understand how someone can feel compelled to give a false confession when they are caught by surprise, accused of something with multiple people around them pressuring them and no one to defend them. I can only advise as others to get an attorney ASAP to defend yourself because I'm sure a board investigation is coming.

If you work in a union facility you always can demand a union rep for any disciplinary hearing with management, but most people work in non-union facilities. Remember you always have the right to plead the fifth in court, so you don't have to incriminate yourself. I do believe some people are falsely accused. All you can do is say nothing other then to deny the accusations and walk away if this happens to you. Let them drug test you if you know you are innocent.

With all the mania over the opioid crisis, nurses are caught in the middle and treated with suspicion. I would much prefer they had robots pass out narcotics and refreshments and then no nurse would be at risk of being accused falsely or for the minority being tempted to divert.

Your unfortunate situation can be a warning to the rest of us and to realize that the employer is not your friend and you have to protect yourself. I'm sure it was shocking and traumatic to be pulled away from your planned shift to be ganged up on and interrogated with no one there on your side and no warning that there was suspicion. Of course, management and HR do this purposely to catch you off guard in the hopes you will confess and save them the problem of proving you did something wrong. It is a sad situation to find yourself stuck in. Best of luck to you! Get a good lawyer!

[Frina]

Thank you. Honestly, I never imagined myself in that kind of situation, and for that reason I was more vulnerable. I would advise any nurse to learn what their rights are when it comes to accusations of diversion. I just took their word for it when I was told that they weren't at liberty to tell me specifics regarding the accusation and when they told me it would be better for me to cooperate with them bc they had my best interest in mind. If I knew more about this subject, I could have at the very least known I wasn't obligated to say anything or stood up for myself more effectively.

[rn1965, ADN]

Thank you. Honestly, I never imagined myself in that kind of situation, and for that reason I was more vulnerable. I would advise any nurse to learn what their rights are when it comes to accusations of diversion. I just took their word for it when I was told that they weren't at liberty to tell me specifics regarding the accusation and when they told me it would be better for me to cooperate with them bc they had my best interest in mind. If I knew more about this subject, I could have at the very least known I wasn't obligated to say anything or stood up for myself more effectively.

They are never your friends. I am sorry this has happened to you, especially if you are innocent of the accusation.

If you are, get a lawyer and tell them everything. Get a drug test ASAP!

If you have slipped, still get a lawyer, then get help.

Good luck and stay here and get your support from these lovely people. It has helped me so much!

[Wizard 1]

Lawyer up right now. Seek legal counsel experienced in licensure litigation with the BON. Do not say anything to a soul. For that matter, do not speak about it on the internet.

They need to be able to illustrate that you actually diverted, not just a bunch of heresay. Don't make their job easy if you didn't do it. If you did, it is best to be honest about it.

[Neats, BSN]

People do not confess to something they did not do unless it is under the direction of an attorney (think settlement).