Drug diversion

Silverdragon102, BSN · Mar 4, 2017

Moved to the Nurse Recovery forum

Twoyearnurse · Mar 4, 2017

Your employer has a legal obligation to report you. It can take weeks up to months. I did not self-refer and it took them 6 months to contact me. By that time I had completed treatment. We don't have an alternative to discipline program in my state so the difference was a year suspension with 6 month stay (because I didn't self-refer) and a year suspension with the whole year stayed (if I had self-referred).

I could have worked in that 6 months that it took them to catch up with me, but it would not have been in my best interest. I knew that.

I know some people here reported to the state that they preceded to complete their program in and the other state just suspended their lisence. You'll have to check with the respective BONs.

Stay around here, this group has been the difference in sanity and insanity at times for me and everyone has your best interest at heart here (unlike the BON).

gmwilli2 · Mar 5, 2017

What do you mean by "6 month stay" and "whole year stay"?

gmwilli2 · Mar 5, 2017

What do you mean by "6month stat" and "whole year stay"?

Twoyearnurse · Mar 5, 2017

The suspension was lifted after 6 months but if I mess up on my contract they'll reenact the suspension

gnurse2089 · Mar 5, 2017

I assume you had to get a CA RN license to work in CA, since we're not a compact state right? If that's the case, if the employer decides to report your offense (legally they're supposed to but I have heard of instances of employers brushing it under the rug) then they would be reporting it to the BON of that state. In California, if you're given probation or choose to enroll in diversion (probation is honestly the better way to go as its a 3 year program with an ability to appeal for early release after 2 years as opposed to 5 years in diversion), you have to complete the requirements in California. Any time spent outside of California puts your probation on hold and eventually you'll have to complete that time in state if you want your license cleared of restrictions.

If you hold a license in other states, however, be aware that those states will eventually also find out about the offense and you could be subject to a different discipline in those states as well.

It can take months to years for the BON to catch up to you. Usually you'd get an offer to join diversion or a call from an investigator though before you're served the official accusation.

gmwilli2 · Mar 5, 2017

So you're saying that I can't complete the CANDO program in AZ cause I was in CA when it happened?

also what is probation vs diversion? Can't work at all?

gnurse2089 · Mar 5, 2017

I'm saying you'll probably hear from the California board before you hear from AZ since that's the license you were working under when the offense occurred and either way, you may end up having to complete both programs. I know some states recognize completion of other states programs as proof of rehabilitation but California isn't one of those. Even if you completed CANDO in AZ, you would still have to complete a separate program in CA. (If you think about it, it's easy money for each states' BON, not saying it's right but not much with these programs is fair)

The difference between diversion and probation in California is that diversion won't show up on your license when an employer checks it online as long as you complete the program, but it's 5 years long, you can't work as an RN for the first year and when you are allowed to return to work you've got a whole bunch of restrictions to work with.

Probation is a disciplinary action so it's public record on your license, but it's only 3 years long (or 2 if you're released early) and you don't have to stop working. There's still restrictions but from what I've heard, they're not as harsh as the diversion group faces.

crazin01 · Mar 6, 2017

First things first: have you contacted an attorney regarding the diversion? That seems to be the #1 answer to such questions/discussions. Every state is different, the court system may have small differences, etc. An administrative attorney with experience going to the BON is the best bet. TAANA Executive Office - Home

The CA BON will eventually get to you. Sometimes months, even years after the diversion was reported & termination of your contract occurred.

And of course with a substantial delay, hope starts to build up, that you will indeed 'slip through the cracks'. I would definitely not hold my breath, just because you have not been contacted by the board or diversion program.

I'm not very familiar with CA's program. Not to seem negative, but from seeing posts here, it seems CA is one of the stricter states, as far as their contract: (5 years, not accepting successful programs from another state, etc).

Contacting the board and self-reporting is generally a good thing, demonstrating you're facing the problem. Also, the sooner you start with the contract, the sooner it will be over. As opposed to a letter from the BON and recovery program in 10 months.

As far as working for the time being: in PA, the initial mailing detailing program, restrictions, etc states you have 2 weeks to terminate (or suspend, if employer is good) that nursing position. It may not be a popular idea, to try to keep working as long as you possibly can, financially; so long as you're being honest about only using 'recreationally' rather than daily in the full blown addiction. Once again, I'm not advocating either way (self-report or not, work or not) but there is a very VERY slim chance you just MAY slip through the cracks, (I seriously doubt that happening). And then you've already called & reported yourself. In which case you'll be kicking your own A$@ for the next 5 years. Not to sound shady, but only you know the truth about substance use and your situation. Many times on here, people elaborate and give lots of details to the BON or program monitor, opening up a whole other can of worms. Sometimes, the short answer of "yes" is sufficient to answer the question, without elaborating.

The BON is not your friend, but are on the side of the patient. Again, only you know the truth about drug use, family issues, etc; you need to do what's right for you.

Best of luck. You've found a very supportive & knowledgeable group of colleagues in similar situations. It may seem overwhelming at first, but many are currently in such programs and many have successfully completed it.

IrishCMSRN, BSN, RN · Mar 6, 2017

Definitely call an attorney first and foremost. You may also be reported to the states Attorney General so you will really need one then. I was totally honest with my employer and self reported to BON. A few months later I got a gut wrenching call from the AG agent investigator. Its a lot to take in but start preparing. Good luck my friend!

gmwilli2 · Mar 6, 2017

Does anyone know what happens if I surrender my license as far as what happens afterwards with the investigation? I'm just wondering if anything criminal will come from this as far trying to find work after all this? Since I'm not from California I don't really have the resources to stay and complete a program that requires you to pay for the services.

I had orginally met up with two different lawyers, both implied that I should wait to do anything until I am charged with something. But that does not seem to really be the case?