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?

[Wizard 1]

Most nurses do not imagine themselves in this situation either. Nobody wakes up in the morning and decides to become an addict, and nobody consciously puts themselves in a vulnerable position whether they're an addict or not.

Employers are not our friends, including management, HR, or whoever. The Boards of Nursing are definitely NOT pro nurse. You need an attorney who knows what they're doing.

You also need to get copies of any termination paperwork. Right now, while the incident is still fresh in your mind, document everything you can remember about what happened, who said what, etc. The lawyer will want that. I know it is painful to think about, but as time passes it is harder to recall.

Get a drug test, preferably a hair test. If they didn't offer any proof of anything and didn't test you, they have less standing.

I hope this helps. Keep us posted.

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.

[Wizard 1]

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

Under that kind of surprise interrogation, it is very understandable to "confess" to something one would not ordinarily do. Imagine expecting to work your shift and it turns into management/HR people versus one nurse who is totally taken by surprise.

[Lisacar130]

You need a nurse lawyer immediately. What exactly did you say? Did you sign anything? You "confessed" enough to be fired, so now I'm afraid they are reporting this to your BON. Ask the lawyer, but he might advise you to get yourself a drug test immediately.

[Frina]

Of course I never would have thought I would implicate myself in anyway, nor at the beginning of the meeting did I think that, but after sitting there for so long asking repeatedly why they thought this, or if I had made some kind of error to let me know without getting anywhere and them continuously telling me it would be better for me, that I needed to tell them I've done something wrong in order to help me in the long run and keep my license, I felt like I just wanted to whatever to get out of there. It wasn't until I left and had a minute to think, that I realized that not giving me an actual reason or incident didn't make sense, and that their suggestions were not in my best interest

[GuyRN2003]

Something very similar happened to me about two years ago. I too was pressured by higher ups in the hospital to confess, them saying they could help me if I was honest and confessed, but if I didn't and tested positive, they wouldn't be able to help. They offered to get me into the state program, which is horrible!

I had done nothing wrong, so I didn't. They drug tested me after the interrogation, took my badge pending the results of the tests. Ultimately I left for a less insane workplace, and almost a year after being accused, I received a letter from the BON.

I wasn't going to get an attorney, but at the last moment, I did. Let me tell you that you MUST get an attorney. I would have made so many mistakes in my written responses, the BON would have had me in the state monitoring program in about three seconds.

Thanks to my amazing and knowledgeable attorney, I was completely cleared!

Bottom line: confess to nothing, and no matter how innocent you are, no matter that you know you've done nothing wrong, get an attorney.

[hppygr8ful, ASN, RN, EMT-I]

I've been late chiming in on this one but I wanted to talk to my brother the lawyer before I spoke. His answer: Your employer can't report you to the BON without credible evidence of diversion so lacking proof these interviews are usually fishing expeditions. You answer at the beginning of such an interview is "I have a right to know exactly what I am accused of including dates and times when an incident/incidents occurred and to review the complaint against me. If you are not allowing me to do so then this interview is over until I can consult an attorney and have my attorney present for any future interviews. Then get up and walk out.

Believe me - I ended up in a 5 year diversion program for allegedly stealing IM Benadryl which I allegedly used in an effort to kill myself. While I was in a emotionally fragile state I confessed that I had placed a half empty vial of Benadryl in my pocket with the intention of wasting it later. I did not hire an attorney because I thought the BON was my friend. All is good in my life now but I might not have had to do diversion if I had hired an attorney.

Hppy

[Lisacar130]

What did you confess to, exactly? You really need a nurse attorney. If I were you I would get myself a drug test right away.

[Oldmahubbard]

My immediate thought is that the OP is disliked for some reason. They may not even be aware of it. And in nursing, we can be disliked for amazingly trivial reasons, to include jealousy.

Back in the day before the opioid crisis, I worked in HH and was accused of vague wrongdoing, of which there was no proof.

A young female patient made a complaint against me after a HH visit, where her boyfriend was obviously ogling me.

This was after 5 years of employment there with no issues.

Unfortunately, I had let it slip that my politics are liberal. Among other things. This was in 1996. That, and a few other tidbits made me a person of interest in any crime.

Suddenly I was under a microscope for possible evidence of harming people. The scrutiny was intense. I started taking medication for anxiety. I should have left.

Ultimately I was fired, but they had nothing concrete to report to the BON.

Yes it was very traumatic. I continued treatment for anxiety. My career was essentially ruined, I had to start over from the very bottom.

The point is- this is extremely serious, and you need a lawyer.

Crap like this is the reason I don't recommend nursing to anyone.

Hats off to all of those who have been falsely accused, and come through it a better person.

It can take a very long time to vindicate yourself.

Keep us updated and don't lose faith.

[SpankedInPittsburgh, DNP, RN]

AMEN Oldma

[Frina]

Thanks. I worked in another hospital for 5 years . I was never accused of anything, and if there was an any kind of charting error, which was rare, usually the next nurse would point it out to me, or if it were something else my boss would just ask me. The worst part about all of this is not knowing where this accusation even stemmed from

[StillRN]

Ok, so what did you specifically confess too? I know this story all too well, it didn't turn out well for me either. But if you know what you said.. it might be salvageable.

[SpankedInPittsburgh, DNP, RN]

Yeah I gotta agree with Still. If we knew what the confession was we could probably give better advice. Some things to consider. Get Legal advice as this is your livelihood that is about to be messed with. Think about using the defense of coercion as it seems you might have been pressured into saying something. Finally, if you didn't sign a statement vague denials like "I don't recall that" or "that's not what I was trying to say & I didn't understand" might make some sense but talk about that with your attorney. Get a drug test ASAP and be ready to use that as evidence that you are not on drugs. Finally, if you have a problem & need it then get help but do NOT trust the BON with this information. This is private medical information they have no right to and not right to obtain as it is protected. If they get it from a facility sue both their slimy butts