Diverting and tampering

I diverted but never tampered and was criminally charged.

What does the BON, the monitoring program, You, and Your Family Want and Need? All of the above want you to stop using (you did) then get help (monitoring program and rehab-yes, you need a 6 week PHP program followed by a 6 week IOP program). This is what the BON wants. This is what is required for them to ensure safety to the public.

What do Prosecutor's want 100 percent proof of and I mean, 100 percent absolute slam dunk/lock down/solid proof beyond a reasonable doubt in order to charge you? They want tampering. They want lots of it. They want an admission of guilt or 100 percent certainty from video. One vial tested by pharmacy is NOT enough. 

Getting help. It does NOT matter how you ARRIVE at the help in the eyes of a monitoring program. They care that you get the help. You are an addict (like me, in recovery forums 11 years) You crossed the threshold for being an addict. The brain changes have occurred. So, the fact that you are now an addict and you are getting help is what matters. Therefore, what does NOT matter from a RECOVERY standpoint? Whether you tampered or diverted or found it on the street. You USED. Your frequent USE makes you an addict, so their focus is on treating the addiction, not the process of "how you used" because its irrelevant tp recovery since you already crossed the addiction threshold.

Now, on the criminal side of the equation? Yes, tampering does matter and the "how you used" (diversion of waste versus tampering) does matter. 

Based on all of the above. What would I do. YOU DO YOU. Im telling you what I would do. I am NOT telling you what to do. You do you!. If its me (and I've been in your situation)....

I enter monitoring immediately. I would go to a PHP program for 6 weeks followed by an IOP program (6 more weeks). Yes, you can enroll in monitoring and go for 12 weeks to the PHP and IOP program. I would also absolutely NOT admit to tampering. Remember, they got you with the BON for diversion. You are caught. You admitted it. There is no getting out of it. What is the treatment? Monitoring and rehab, BUT admitting to tampering can only make things worse and increase your chances of prosecution. I would also immediately get a criminal attorney. I simply would NOT admit tampering. I would flat out refuse to admit to any tampering.

What decreases your chances of prosecution? Enter monitoring and yes, the elephant in the room that many do everything to avoid.....a 6 week PHP and a 6 week IOP and not "after vacation or you having some time to think about it" or not after you "gather yourself emotionally." Enter monitoring and go immediately to rehab (PHP and IOP). A 2 week detox is NOT rehab contrary to what Hollyeood and nurses on the street and lay people say when they "went away for 2 weeks to rehab." Rehab is a 6 weeks PHP program followed immediately by a 6 week IOP program followed immediately by 13 months of Aftercare (2 hour meeting weekly for 1 year). That is rehab. A "go away for 2 week rehab" os a medical detox. Its not rehab. Their is no therapy. Yes, monitoring programs and BON and prosecutors know the difference in medical detox versus true rehab (PHP, IOP, Aftercare).

What if you are a prosecutor/District Attorney and they have your case in their hands and they have to make a decision on whether to go ahead and bring charges or not bring charges? What would common sense tell you?  Common sense says it obviously looks favorable if he or see she's "Holy crap, this nurse entered the state monitoring program voluntarily BEFORE being forced and she entered PHP on her own and is now finished with PHP and IOP and is in Aftercare and has been complaint since she started the monitoring program." Do you think the above helps? Common sense says it does, and prosecutors usually waited 3 or 4 months after the event occurred (when you got caught) before they make a dedication to prosecute or not prosecute. They wait not only for the investigation to finish and evidence, they also wait because they want to see which way the nurse went in those first 3 or 4 months after the event. 

What happens if you wait and you don't enter monitoring until the BON forces you? You don't do any rehab until forced. Do you think that helps make the DA's decision on whether to prosecute or not a little easier? Common sense says it does.

I hope this helps and wish you the very best. I know, like 90 percent of other nurses who are new to this, you are more than willing to enter monitoring on your own right now, but the PHP and IOP part, you aren't sold. You will likely waiver. You rationalize. I'm warning you.....you better be in that 10 percent that doesnt need convincing not just from the getting better and recovery side and BON nursing side, but also the criminal side and decreasing those chances.

I would also NOT get a lawyer for the BON. Its a waste of 10 K in your situation because you are caught. You diverted. There is nothing a lawyer can help with here for the NURSING side. You will do 5 years in monitoring and do the license restrictions for a bit and maybe have license suspended for 6 months or so, etc. A lawyer can't change that when you already admitted diversion. Now, I would get a lawyer for the criminal defense side of the equation of which a lawyer can do wonders and be a dramatic difference t.o outcome.

If I'm you.

1. Enter monitoring as soon as I read this. Make that call.

2. Find a PHP program somewhere that has an immediate IOP that follows and go to it within 2 weeks from reading this.

3. Get a criminal defense attorney.

What is the one above listed in 1 through 3 that nurses just have trouble getting through that thick skull and they do any and all things possible yo convince themselves they don't need it? Its number 2 above and number 2 above is a Major Factor influencing whether the DA brings charges and its a major factor that you go BEFORE the BON/Monitoring Programs mandates you to go in order to keep your license. That forcing part doesn't help in the eyes of the DA. You going BEFORE you are mandated is what they want. Like I told you, about 9 out 10 nurses can't grasp or deal with number 2 above. The skull is to thick. 1 out of 10 can. Be that 1 in 10 and you keep your license, avoid prison and likely avoid charges altogether to start with, and in 5 years, your life is back to normal and you are recovered. Again, if its me, absolutely ZERO admission to tampering from now until the time of leaving this earth. 

Well thank you for that advice. I contacted my state program and they said they will send me over the information to fill out soon. I will get that done submit it. Will have to figure out the financial side of all of this, but will do what I have to do! 

Beat wishes to you and remember, hundreds of nurses, actually thousands have been in your situation. Your situation can and will be overcome if you do one thing. No drugs or alcohol for 5 years and the odds of your nursing license being normal and unrestricted in 5 years and no criminal charges and no criminal record 5 years from now go through the roof. 

Fair warning....DA's/Prosecutors often set on your case for months and give you the benefit of the doubt tp NOT charge if you are compliant in your monitoring program and yes, they can and do check with one very simle 30 second phonecall of which the monitor program will give them and you will give consent for this when you enter monitoring. All nurses have one of the many forms that gives this consent to investigation and law enforcement and heathcare facilities of which they can obtain your info inckuding medical records. Yep, HIPPA is excluded for nurses in monitoring programs as it relates the the monitoring program being able to attaon your medical records. They don't let you enter the program without this consent by you given to them. When that case manager tells the DA when that call comes that Nurse "Jones" has been in monitoring for 8 months now and is fully compliant and seems to be doing well, it is a gigantic factor for you. Mpat DAs won't check up on you after 1 year, but in those first 3,4, to 6 months, they check and if you are non compliant or relapse, be worried about charges. If 6 months goes by and you haven't had criminal charges, then overwhelming odds are that you will not get any. Exceedingly rare after 8 months.

You have got this. You can and will do this! You are strong. You are not alone regardless of how alone your mind is telling you that you are: you are NOT alone. You are going to meet absolute true and deep friends in recovery circles over the next 5 years of which are medical and some non medical, and they will be lifelong friends of which some of them will be there when you leave this earth at an older age and vice versa. There are Absolute special relationships you are about to make. You seem motivated to get better. Believe it or not, that's 80 percent of it. The ones who aren't motivated or who are still convincing themselves they don't have a problem and that they simply "made bad choices" are the ones that are in for a rough road ahead.

All the best to you and yours,

I can tell you about my personal experience. My case is a bit different than yours, but I was caught diverting dilaudid, Ativan, and oxycodone from work. I never tampered with any of the meds, and there was no patient harm, and my employer did not call the police because of it. I feel like I got lucky in that sense. I am not sure if pharmacy reported it to the DEA, but I know I met with the Department of Consumer Protection, and had to go over every med pull that was under my name. I admitted to everything because it was under my name. The great thing is that the day of my incident I self reported to my state's monitoring program, and they told me that as long as I kept working with them my license would remain clean, and that DCP would back away afterwards because they like seeing that the nurse is working on their recovery.

I am not sure what state you are in, but I am assuming the hospital/state has some policy about reporting it to the DEA. I don't know if you've watched the Rise Above interview on YouTube of the nurse who tampered with meds, and after a year working on her recovery she thought everything was fine until the DEA showed up in her doorsteps and arrested her. She did tamper with a lot of meds, and clearly put patients in danger. You should watch the interview. No case is minimal, and I think any amount of narcotics a nurse divert is a big deal, but my case was not as serious because I didn't put any patients in danger. Of course I was working impaired and that is technically endangering patients, but I never posed any direct harm to them. When patient harm is the question, things change. 

Aside from speaking with the Department of Consumer Protection, I never heard from the board of nursing because as I mentioned on day one I self reported to the monitoring program. Monitoring programs are a lifesaver, I see so many people complaining about them, but it truly saved my life. I'm in such better place in my life mentally and physically. Therapy was the best thing for me, and now I'm back at work with temporary restrictions, like can't administer narcotics for 6 months, but I feel like it all makes sense to me.

I wholeheartedly wish you all the best in this chapter of your life. Right now it may seem like it's the end of the world, and it may be to some, but if you comply with the program and follow the steps, you will take reigns back. 

Federal Law requires ALL cases of suspected diversion and/or missing narcs to be reported by the Pharmacy to the DEA within one business day as of July 24, 2023. Prior to this, there was no set timeline and many fell through the cracks. Additionally, the pharmacy must complete a DEA Form 106 electronically (very detailed write up) within 45 calendar days IN ADDITION to the one business day verbal notification. This is Federal Law. That means.....ALL US Territories/States must comply or the pharmacist can lose their license and even face prosecution.

Additionally, every state BON now has regulations requiring Chief Nursing Personnel to report suspected diversion cases to the BON or they can also have license taken. The states very on the timeliness for reporting to the BON, but are generally no more than 30 days. In the past, this wasn't a requirement in many states and employers many times simply did not report to the BON.

Before July 2023, there was no set timeline on WHEN the pharmacy had to report suspected diversion/missing narcs/tampering to the DEA. The law was vague and basically stated, "they need to report." There was no timeline. This left loopholes where many pharmacies simply forgot to report OR.....they reported 6 or 7 or even 12 months later on a set day in the calendar year which they would have on the calendar to "use this day to report all missing narcs or diversion over the past q2 months to the DEA". So 6 months or 12 months could go by before they reported. This means, you would here stories of the DEA showing up 9 or 10 months or 1 year later or 1.5 years later at the doorstep to prosecute because the pharmacy likely delayed the reporting to the DEA. 

That doesn't happen anymore. Its quicker. Its much quicker.

In summary, the DEA as of July 2023. by law, receives perhaps 99 percent (at least) of all diversion/tampering/missing narcs cases to the DEA. A tiny fraction of these are prosecuted. Nurses assume that because they weren't prosecuted, "the DEA didn't find out." Yes, the DEA DID find out. The DEA gets over 250 notifications daily. 250x30 days equals 7500 cases per month x 12 months is 90,000 cases per year. Thats a lot of prosecutors and judges needed.  A tiny fraction are prosecuted by the DEA for simple diversion . Much of those prosecutions are related to massive tampering, and/or massive diversion ongoing for over a year, and/or massive amount of missing narcs such as Florida pr West VA pill mill offices, and/or Massive enterprising/selling narcs/ephedrine on the street outside of work. A fraction of the prosecutions are for diverting drug addicts who divert the waste. 

But, the DEA (Federal Government) works with STATE lawy enforcement agencies such as state police and state drug enforcement and state bureau of investigations agencies and here is what happens the overwhelming percentage of the time for a nurse who Diverts Waste and didn't tamper.

A. DEA gets notified and State BON notified and maybe the local state police or the state Dept of Health are notified. The Federal DEA looks at the case and says "nope, this is a drug addict who diverted the waste and if she did tampering, she tampered one or two vials as most. We aren't prosecuting." But, DEA is in close discussion with the STATE investigators/detective/police/state bureau of investigation and the DEA tells them, "the ball is in your court. We aren't prosecuting. You do whatever you want to do regarding possible state charges." 

B. This is the point where you entering monitoring immediately early on and complying with it and going to rehab has sway to whether you are prosecuted by the state. The District Attorney/Prosecutor looks and relies on this stuff heavily. Sometimes they bring charges and if they do, they give you a way out the first time to where if you are compliant with monitoring, the charges are dropped and expunged. Many see that you are already in monitoring and don't bring charges at all. Many can and do see that you failed out of monitoring at 4 or 5 or 6 months into the process and guess what? They then often bring charges.

Hope this helps.