Falsly accussed of diversion

Published

In June 2008 our hospital started the new Epic charting. Prior to that I had spent 16 yrs documenting on paper. Never have I had any problems prior to this. I was well respected by peers and two months prior to this was a nursing preceptor.By Aug 2008 I was reported of having 15 discrepencies that month. Of course it was reported to the local police department. There was no drug screen given although I offered to come in and submit to one but they never allowed me to come in. Unfortunately I met with the Investigator (who assurred me on the phone that this was not a "red flag" to her but it was necessary to meet) without counsel because I was certain I did nothing wrong and could easily explain it was the lack of documentation and not theft of drugs. Before I knew it she and her partner had my head spinning out of control. Saying" I had a lot on my plate" and "no wonder you would divert drugs." Im trying my best to explain that the time discrep was because I would be in the middle of an admission and if a pt called out in pain I would dismiss myself..remove from pyxis..give med and then document it later when I gave the rest of their meds. She informed me I was facing 15 felonies and I would be going to prison for a long time. I have NEVER been in trouble for anythg except speeding/seatbelt ticket. I honestly think I was in shock. She at that time told me about the Chem Dependency program. Said if I admitted to Board I had problem I would be back working as a nurse in 6mths and I could walk free that day. They gave me the BON ph number then and had me call them. Mistake! Now im on 6mth nar restr 2 yr probation WITH PERM RESTRICTIONS and cant find a job. Went thru Tx/Eval twice and they found no chem depend which then didnt get into Chem Depend program. I did take 30 hrs of documentation classes and accept full responsibilty but I did not divert drugs. Why is the BON still treating this as a diversion? I am at wits end!! Been taking care of people since I was 17..now 45. Its my love. Emotionally its draining me. Is this Gods way of telling me he has other plans for me? Please...any advice?

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i'm a little confused. this happened in august 2008- now it's april 2011- what's been happening all this time?

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Never ever ever ever ever ever talk to any investigator or the BON without a licensed defence attorney. It is your right. It does not matter what the investigators tell you on the phone about not being a "red flag". If it was not a "red flag" then they would not want to speak with you. If you do not have the money to spend on an attorney then do what you have to do to get the money! Most attorney consultations are free and if you shop around hard enough you will find one that will represent you reasonably. Just make sure they have experience with the BON.

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It took about a 10 months to go through the courts. I consulted with lawyers who said they could help me but I couldnt afford them....not a one would take payments. I ended up going with a public defender who did nothing for me. I thought they were there to help but found out the hard way...they dont really give a crap! I was to have bench trial with judge which ended up being my PD and the jugde in his chambers..me out in the hall and the judge saying I either take a plea of a misdemeanor or a felony!! I didnt even get to talk to him! My nursing license was suspended for 3 months thereafter...and I have had them back since Mar 2010. I have been on soo many interviews and there have been many that say they want to hire me but when it comes down to Corporate decision..I get denied.

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the public defender has a duty to do the best job. report him to the bar, never never a bench trial. make them do a jury trial .

and replace lazy court appointed.

scare tactics , the justice system has much to be desired.

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Specializes in Impaired Nurse Advocate, CRNA, ER,.

When dealing with the board of nursing and anything to do with your license, get an experienced license defense attorney (American Association of Nurse Attorneys). Unless a criminal defense attorney is also an experienced license defense attorney, don't use the same person for both defenses. While you have the right to an attorney in ANY legal situation, attorneys are only provided for you if you don't have money in criminal cases.

Defending yourself (pro se = means representing yourself) might seem like a great way to go, but as you're discovering, it can lead to some very bad results. As I tell every nurse who contacts me...beg or borrow (do NOT steal :D) money to retain a license defense attorney. Many of the bad results that can occur when dealing with a board of nursing can be permanent. Also, action on a license in one state will almost always affect other licenses in other states. Also, actions on a nursing license can seriously hinder obtaining an unrestricted license for many other licenses (like RT, cosmetology, education, etc.).

These issues are too complicated and way to emotional for a nurse to effectively represent themselves for any but the most minor issues. BONs seem to becoming more punitive in many different situations. The BON is not an advocate for the nurse, their primary purpose is to protect the public.

Jack

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This must be at parkland. Best of luck to you.

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Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

I can not tell you how sorry I am that this occurred to you.

Marc

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Specializes in air & ground ambulance.

And everyone wonders why we have a nursing shortage! I had a problem with broken demerol ampules, another RN was standing next to me and witnessed the broken vials, we wasted what was left and we both signed the narcotic recond. I was charged and to this day no one interviewed the witness. Understand, when the BON calls you at home don't talk to them. They are fishing for information. Tell them you have to pick up your kids or something like that. If they are going to charge you let them do theleg work don't give them anything because if they can they will use it against you. The other thing is that nursing falls under "administrative law". Which in short means nurses don't have the same rights as a common criminal. You will not be able to see any evidence so if you go to hearing and they ask for say a specific date and you don't remember just say that, because if you give the wrong date they will see that as attempting to be deceitful. Wait and see what the BON does. You will be sent documents in the mail. Please remember the state board is NOT your friend! They job is to protect the public. Good luck let me know if you have any questions. Linda

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Specializes in air & ground ambulance.

In regards to an attorney. I have been in front of four BON. I have spend thousands of dollars on attornies. Ith has been my experience that the nurse attornies had thier own agenda and interest and it wasn't me. If you decide to retain an attorney you need one that practices Administrative Law. Linda

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The whole story makes no sense to me. None at all. If you didn't divert, you didn't divert. Why take a plea deal for 6 months?

Sorry I can't help, I guess I'm not understanding this situation at all.

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Specializes in Impaired Nurse Advocate, CRNA, ER,.
in regards to an attorney. i have been in front of four bon. i have spend thousands of dollars on attornies. ith has been my experience that the nurse attornies had thier own agenda and interest and it wasn't me. if you decide to retain an attorney you need one that practices administrative law. linda

the nurse attorneys i refer people to are all administrative law attorneys. yes, i'm sure there are nurse attorneys who don't practice administrative law or who have "their own agenda", but when picking an attorney you need to interview more than one. also, ask them for names of clients willing to discuss their experience and opinions about the representation provided in their own case. i don't think it's accurate to paint all nurse attorneys with the same broad brush. there are good nurse attorneys and bad ones, just as there are good and bad "non-nurse" administrative attorneys.

we all have the same rights when it comes to legal issues...the right to remain silent (or the right to not self incriminate), the right to stop answering questions at any time, the right to have an attorney present during questioning, the right to a hearing before the board, etc. here is a great version of the miranda warning:

  • you have the right to remain silent and refuse to answer questions. do you understand?
  • anything you do say may be used against you in a court of law (or by the board of nursing). do you understand? (and, anything you say to a board investigator/bon might be passed on to law enforcement).
  • you have the right to consult an attorney before speaking to the police (or board investigators/board members)and to have an attorney present during questioning now or in the future. do you understand?
  • if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. do you understand? doesn't apply if it's not a criminal case!!
  • if you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. do you understand?
  • knowing and understanding your rights as i have explained them to you, are you willing to answer my questions without an attorney present?

a common ploy used by police and investigators is to imply (or even outright say) someone with nothing to hide shouldn't need an attorney. baloney! when we are contacted by an investigator (police or board of nursing investigator) we become frightened and emotionally upset. not the best way to make decisions. also, not understanding the nurse practice act and all of the administrative codes for our state of licensure means we can easily be confused and begin to say all sorts of things trying to "fix" the situation. one huge area where an attorney can be helpful is in preparing you for the investigative meeting or hearing before the board. very few people listen well enough to fully comprehend the question a trained investigator (or attorney, or even an untrained board member) is asking. and very few people limit their answer to just the question asked. good investigators use that during their meeting with the nurse. if you've ever been in a meeting or with a therapist, have you ever noticed how uncomfortable even a few seconds of silence can become? have you ever noticed how quickly we (or anyone else at the meeting) want to fill that silence with something!? this is exactly when most of the "incriminating" information comes to light. i put incriminating in quotes for a reason. sometimes in our rush to defend ourselves we say all sorts of things, including things that sound incriminating but are completely innocent. since the rules for evidence and being "found guilty" in administrative cases is much lower than it is for criminal cases, the board has lots of leeway in coming to a "guilty" verdict. having an attorney with experience representing nurses before the board of nursing...from the very beginning of the case...can make a huge difference in the outcome. preparing the nurse for the investigation meeting or hearing means getting the nurse ready to answer questions. this means listening to the question and answering only that question...not volunteering lots of additional information that might not be relevant to the case, but could be used to make the decision. also, having an attorney with you means the interview can be stopped to allow the nurse to regain their composure, or to object to questions that really aren't relevant to the investigation. they can also consult with their client with how to best answer the question without going over-board and providing unnecessary and/or irrelevant information.

the difference between administrative law (and most other areas of law) and criminal law is if you can't afford an attorney. in criminal cases, if you can't afford an attorney one is appointed without cost. in most any other legal matter, if you can't afford an attorney then you're stuck representing yourself. while every citizen of this country has the right to represent themselves, i'm not always sure that's the best way to go. administrative law can be just as complicated as criminal law. if you say the wrong thing, or say it in a way that could have more than one meaning, the board will most likely err on the side of caution and take it at it's "worst meaning". this is why every nurse should obtain their own professional (with a license defense clause). relying solely on your employer's doesn't do diddley squat for you if you're investigated for a violation of the nurse practice act (it's usually your employer or a colleague reporting you to the board). having your own policy with a license defense clause means your attorney's fees will be covered.

the prudent nurse is prepared ahead of time. get your professional liability insurance and contact an experienced license defense attorney (nurse or non-nurse) when you are first contacted by the bon or an investigator. don't wait until you've created a nightmare by trying to defend yourself in a system you have no training and very little understanding (administrative law).

jack

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