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?

[Randomnurse3]

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

Best advice ever ^^^^^

[Frina]

So at the point of frustration, I said, " just tell me what you want me to say." Of course, they didn't say anything, so I told them that without thinking I took a med that I took a medication. That wasn't mine (by that I do not mean ingested it). I then stated that I never withheld any medication intended for a patient for personal use. I never said the name or kind of medication, and then I said I was sorry for making this kind of mistake. I was as vague as I could possibly be, but I guess that was enough for them bc after that they took my badge, which I'm pretty sure they were planning to do all along, and the meeting ended shortly after. And as soon as I left, like I said before, I began to question the entire event and why they told me they couldn't give me any details. And of course, I regretted saying anything to them, even if it was so vague, bc it was constrewed into exactly what they wanted it to be

[Lisacar130]

Curious here but did you sign anything?

Either way you confessed to taking a med. It really doesn't matter that you didn't say what kind of med it was. They can report you to the board for taking a Tylenol. They can report you to the board for a charting error or forgetting to waste a narcotic one time. I assume they have some evidence of at least a documentation error of some kind. So I would assume that this will go to the board at some point... it can take awhile to hear from them as most states are backed up. I would assume your confession would be included in the report and I would assume the board would believe your former employer... but perhaps a good lawyer could argue that your statement was taken out of context or misunderstood? If you really did divert narcs you don't want to lie though as they will figure it out and it'll be worse.

Even for a minor documentation error, the board could reprimand your license which means the error would be pubic on your license and any future employer would see it and getting a job could be difficult. Or, they could put you in a monitoring program if they suspect any drug use... some states will not make this public (license is clear) in certain cases, like if you self report, and other states don't give such a deal. A lawyer in your state would know.

What I am afraid of is you telling the board that you confessed under duress and didn't really mean it, and them thinking you're lying and you getting a worse punishment. I took meds form work and my state is one that does give a deal to nurses who self report... so after I got caught I immediately self reported. Although I have to do a monitoring program, my license is clear as long as I test clean. Not all states give such a deal and all of these programs are different and are state specific. Anyway, I would definitely call a lawyer who deals with nurse licenses in your state. I assume the lawyer could find out exactly what your old job reported and you could formulate a plan as how to respond to the accusation.

[Randomnurse3]

it can take awhile to hear from them as most states are backed up.

How long is a while in your opinion?

[SpankedInPittsburgh, DNP, RN]

I self reported my DUI the Monday after it happened (Saturday Night). It took over three months for them to get back to me. Two days after they got back to me I was inpatient rehab with 3 months sober. Once the BS starts it comes hard & heavy

[Wizard 1]

Of course. They didn't have anything (at least from appearances), didn't like you and wanted you out. Nothing you could have done would change that. No evidence in the form of dates, times, names becomes hearsay...and I daresay ********.

So at the point of frustration, I said, " just tell me what you want me to say." Of course, they didn't say anything, so I told them that without thinking I took a med that I took a medication. That wasn't mine (by that I do not mean ingested it). I then stated that I never withheld any medication intended for a patient for personal use. I never said the name or kind of medication, and then I said I was sorry for making this kind of mistake. I was as vague as I could possibly be, but I guess that was enough for them bc after that they took my badge, which I'm pretty sure they were planning to do all along, and the meeting ended shortly after. And as soon as I left, like I said before, I began to question the entire event and why they told me they couldn't give me any details. And of course, I regretted saying anything to them, even if it was so vague, bc it was constrewed into exactly what they wanted it to be

[Lisacar130]

In my state, I have heard the board taking anywhere from 3 weeks to almost a year before the board actually contacts the person who was reported to set up a hearing date. I'm sure it could be longer.