Falsly accussed of diversion

[calk]

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?

[traumaRUs, MSN, APRN]

I can't emphasize enough to get and keep up to date at all times your professional Liability Insurance. If you have only one instance where you need to consult an attorney, it will pay ten times over what you pay in premium.

Also, make sure you update yourself with them: if you go from LPN to RN, RN to APN, expand your practice - always keep them informed.

[lzink]

I have to disrespectfully disagree with a posting compairing crinal law with administrative law and that your rights are fairly much the same as a criminal. Here are my issues with that article.

1.cannot confront your aquisor

2.cannot cross examine witnesses

3. by law you or your attorney are not allowed to see any evidence the board plans to use against you.

4. Then there is the issue of a trial by your peers.

5. In some states you are given 5 minutes tell you story

What you do have is the right to an appeal. I think knowledge is power and I encourage you to learn as much about administrative law as possible. I would also report this PD to the bar. this is the first time I have ever heard of diversion rising to a felony, and I have been lecturing and writing about this subject since 1982.

About your problems with a job....

What were you charged with, and what were you found guilty of? You should look yourself up on the National Practioner Date Bank. There you will see what the BON opined about you, and you will have the opptunity to put in writing you version. A prospective employer is going to look you up anyway. Dress professionally, and act with confidence (not arrogance), speak slowly (people tend to get anxious) stick with the facts. I also hope you could tell the employer that the decision is under appeal. Ask her for the opportunity to put your vast experience to work for her/him. Look you are not the first nurse to have a legal issue, so just keep going to interviews, you will find someone with a compassionate heart and will give you a chance. Meanwhile, you must put the money together for your appeal. Take a job at the local blood bank, or for that fact it doesn't have to be in nursing at all like waitressing. Contact your State Nurses Association, there is a strong possibility you find some help, support, or they can point you in the right direction.