I diverted one vial of Fentanyl, was caught, and am in my state's diversion program currently. When this all happened, I was contacted by my state's DCI, but I had already retained a criminal defense attorney, along with an attorney to represent me in front of the BON. He was advised that the DEA was looking at charges, and we haven't heard anything since, but I imagine that this will amount to a federal charge since Fentanyl is a hot button issue with the DEA. My question is: Has anyone ever gone through this? What might I expect? I have no criminal history up to this point, am middle aged, and was a respected Critical Care RN in a surreally busy Covid unit until I lost my mind. I have admitted from the beginning what I did, and it seems that anyone that I know that was accused of diversion denied involvement. Believe me, there's nothing that can be said to me that I haven't already thought or experienced. I just want to know if I am going to go to federal prison, if anyone has. (I watched Orange is the New Black too!)
Little RN - you can still keep your career. I'm in FL and just about to complete my IPN contract. Did I read you are also in FL?
So did you just divert for the other patient or yourself due to addiction?
I'm asking because I did have a nurse who got sent to IPN for stealing vials of benadryl but said she wasn't an addict. Her allergies were acting up. They treated her the same as an addict for stealing. She never came back to our nurses group so I"m not sure what happened.
I believe that nurse also self reported to IPN.
Either way you can still be a nurse. Let me know if I can help
If you are in addiction IPN sucks but will help you find recovery. If you truly just took it to help another patient I assume you will still have to do the same IPN 5 year contract and will also be treated as an addict. You will have to do an evaluation either way...
Specializes in GI Motility, Hepatology and Nutrition.
I didn't divert but stole a coworker's legend drug which is a state felony. My attorney advised me to immediately get enrolled in a chemical dependency program. Fortunately I received a criminal summons instead of being arrested and go to court next month. He says we may be able to plead down the felony or divert to drug court. Also I self reported to the BON and await a response from them regarding a monitoring program. The facility has to report this incident and my attorney said it is better to self report and enter voluntarily. The most important part is to resolve that drug addiction has placed you in a position where you are jeopardizing your career and getting the help you need. I wish you nothing but the best.
Specializes in GI Motility, Hepatology and Nutrition.
38 minutes ago, LittleRN said:
What state are you in? And how did they discover this?
I am in Kentucky and my dumb *** did it in full color video. I am a terrible criminal but just shows how addiction deadens your prefrontal cortex and you make stupid decisions.
So sorry. Did you recieve a letter from BON already? Do you know for sure that a complaint was filed? Did they suspect and then look through videos? It doesn't seem like your lawyer wants to fight for you.
It just should be a reminder that you are not friends with co-worker, but just that. I was accused of diversion, and literally 2 nurses reached out to me after I’d been working there almost 5 years. My charges were dismissed and I’ll never befriend a co-worker again for the rest of my career
Specializes in GI Motility, Hepatology and Nutrition.
1 hour ago, LittleRN said:
So sorry. Did you recieve a letter from BON already? Do you know for sure that a complaint was filed? Did they suspect and then look through videos? It doesn't seem like your lawyer wants to fight for you.
I self reported to the BON and HR told me they were reporting and the person I stole the drugs from filed a police report. They have me on video taking it because I am a terrible criminal. We go to the arraignment and will get the charges pleaded down to misdemeanors hopefully since I am already doing my drug rehabilitation treatment. Also the BON is more lenient with you if you are proactive. The only letter I have received from the board so far is the order of evaluation. They take their sweet time getting to you so I am not surprised. I know that I will eventually be okay and the charges will be dismissed as long as I am complaint with the court and board of nursing monitoring.
I self reported to the BON and HR told me they were reporting and the person I stole the drugs from filed a police report. They have me on video taking it because I am a terrible criminal. We go to the arraignment and will get the charges pleaded down to misdemeanors hopefully since I am already doing my drug rehabilitation treatment. Also the BON is more lenient with you if you are proactive. The only letter I have received from the board so far is the order of evaluation. They take their sweet time getting to you so I am not surprised. I know that I will eventually be okay and the charges will be dismissed as long as I am complaint with the court and board of nursing monitoring.
I wish a good outcome for you. I did something similar, stole some fentanyl for another patient that was in excrutiating pain. Someone saw me and narcd me out. Like an idiot, I confessed to HR. I did not self report to BON or IPN. Just waiting anxiously for the letter to see what the allegations will be.
On 10/23/2021 at 3:47 AM, AbbeyR said:
It just should be a reminder that you are not friends with co-worker, but just that. I was accused of diversion, and literally 2 nurses reached out to me after I’d been working there almost 5 years. My charges were dismissed and I’ll never befriend a co-worker again for the rest of my career
In the beginning I hired a lawyer who asked for $3500 which I paid, they nickeled and dimed me for everything then wanted more when the initial retainer was spent. Told me I’d never get my diversion charges dropped. So I fired my Lawyer and reached out the the assistant attorney general assigned to my case told my side of the story with my proof and they dismissed my charge. I still have a black mark on my license for “violation of general duty” for my poor documentation which I take accountability for. The best advice I’d tell anyone facing their BON or HR. Never admit to anything b/c they are always looking for a scapegoat to take responsibility off them. Also, if anything is narcotics related get a hair follicle test ASAP. even if you have a substance abuse problem these monitoring problems are not there to help with recovery they are only there to protect the public.
hey girl! I did not have federal charges but I did have state felony charges and ended up with probation - just listen to your lawyer. I know how scared you are. Just keep doing the next right thing and I suspect you will be OK. Sending lots of hugs. I would not wish that fear and worry on anyone. -Lady
Did you have to do your state nurse peer program or just probation? how long was your probation?
LittleRN
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How can I get a hold of you privately?