HELP - falsely accused for diversion of meds

DeeAngel · Feb 22, 2017

My money is on you being goated because a family member is stealing the drugs. I would consider filing an elder abuse claim because someone is stealing that patient's pain medication which mean they are being denied it. In the meantime get weekly drug testing done on your own dime so if the time comes you can present a trail of drug free documentation to authorities.

LovingLife123 · Feb 22, 2017

I would contact an attorney and have them contact your the company you worked for to show your seriousness of the accusations.

FYI, a drug screen does not automatically clear you. People who divert often sell the drugs and don't take them themselves.

It sounds like a family member could have done this and it has to be so frustrating that they fired you. It irks me when somebody threatens they will report you to the BON then never follow through. If they truly believed you diverted, they should have reported it by now. That's why I'd get a lawyer involved. I would see what you could sue them for.

You have to understand you can be terminated for absolutely anything in most states, but I would think the throwing of absolutely false accusations and the threat of ruining your livelihood with no solid evidence should be something. I'd make it cost them more than if they had paid me the severance.

aberg22 · Feb 22, 2017

Hello again everyone thanks so must for the comments it's nice here feedback I called the BON because I was curious to see if a complaint had been filed against me I have out of work for several weeks and called so I can see if I can work so I will be applying for some jobs today. Do I have to enclose that I was terminated from previous job and why ? Also the investigator from my job that conducted this investigation will not give me copies of the investigation notes per my request. Can he do this? Can my lawyer get them? Many are starting to question if there even was an investigation or if I

just got completely railroaded. I do plan on pursuing this for all

the pain and suffering I have endured and trust me its beeh a living hell and to top that off my thyriod cAncer tumor markers are not going down I had the surgery 6 months ago for cAncer. In need of prayers right now. Thanks all

crazin01 · Feb 22, 2017

I'm 99% certain that the 'prosecution' or accusing side must provide copies of any & all evidence pertaining to your case. You're attorney would be able to get them with no problem. It's pretty crappy that you yourself, cannot get copies of investigation. How can you defend yourself against allegations without knowing what exactly you are accused of?

My first thought is that the family member who accused you is covering for either themselves or a loved one, who is taking the medication, for whatever reason (meds or money).

As far as listing this job on your resume... either adding it or omitting it could go either way. Even if the allegations do not go further than employer investigating & terminating you, this situation may be detrimental to obtaining new employment.

Sorry you're having to live thru this. Nobody deserves false accusations that harm their livelihood, especially with your resent health. Hoping things start to look up soon...

TheCommuter, BSN, RN · Feb 22, 2017

I have out of work for several weeks and called so I can see if I can work so I will be applying for some jobs today.

You are permitted to secure employment unless you have received a formal board order that dictates that you cannot work.

Generally speaking, you are innocent until deemed guilty, even with state boards of nursing. If your license has yet not been censured (e.g. formal warning, probation, suspension, revocation), you are allowed to work.

Good luck to you, and please stop calling the BON. Their members of staff are not on your side.

Graduatenurse14 · Feb 22, 2017

aberg22,

I am sorry that you are dealing with all of this. I agree with all of the above posters.

I would only add that even though there are some people who steal meds not to take them but just sell them out there, I think the drug testing on your own is a good idea. Try to have them all be or at least 1 of them be the hair test as it is superior to the urine test.

http://www.questdiagnostics.com/home/companies/employer/drug-screening/products-services/hair-testing/hair-testing-overview.html

LabCorp: Hair

Also, if your user name is your real name, I would change it ASAP.

tyvin, BSN, RN · Feb 22, 2017

Make no mistake, this is a serious hit to your career. What does the lawyer say? Stick with the legal aspect of this. Nurses think their jobs have their backs; not so much in my experience. The innocent before proven guilty aspect of our legal system seems to escape management and the BON at times.

A lawyer for nursing issues is called an expert in employment law. Could there be a case of discrimination here also? There are other areas of the law that could handle something of this nature as well.

A good lawyer skilled in employment law will inspect every avenue. Did they drug test the family, who had access to the meds, how did they know what was missing, are they counting and overly protective of the meds...I've got a thousand questions for the family. What about the family's history, where were they keeping the meds, were they filling out the med sheets, how much is prescribed and what, who brought the meds or was the comfort kit delivered via FedEx/etc..., did anyone check the comfort kit for accuracy of medication count, did the family request certain meds, what meds was the patient on prior to hospice, who did the teaching for giving the meds and how to fill out the med sheets, what other nurse/staff was in the house, how many visitors how often, how many people live in the house, are the meds accessible to everyone, were the meds being stored on top of a counter, how long has the patient been on hospice and what were the meds being given for, are you being set up to take the fall for someone, how many days after the accusation did you take the drug test, who reported the wrong deed and to whom, when and how, etc...

I teach and show that a drawer in the kitchen is a good place to keep the meds. You clean out one small drawer and don't mark it, but people who give the meds know where they are kept. Never keep meds on top of a counter or at bedside for all to see. When the kitchen is far away from the hospital bed, I have the family pick out a drawer that's near but not right beside the person if there seems to be a question of impropriety.

It's unfortunate that the beauty of passing at home is clouded with the fact the most people are aware that the family will be in possession of schedule II drugs. This can bring out the monster of addiction in any and all family members and friends whether they quit long ago, are actively an addict or just want to try.

I feel your pain...I am so very sorry this has happened to you. This will pass but it will leave a scar. Learn from this and know that there is always a light at the end of the tunnel.

KCMnurse, BSN, MSN, RN · Feb 22, 2017

Just because your employer says they will report you to the BON does not mean that they will. If they investigated and have no concrete evidence against you then the likelihood of them reporting you go down tremendously. A negative drug screen and no previous issues with drugs does not bode well for them. If they were involved in some shady business as you suspect, the last thing they want is someone nosing around in their business.

Unless you have received official notification from the BON you can continue to work and pursue your career like this never happened. I know - easier said than done. As far as listing them on your resume, if it was a significant period of time you may not want to have a blank on your resume. When asked you do not have to disclose anything, remember you are not guilty until the BON says so.

I can only imagine how stressed out you are, stay strong - this too will pass:yes:

Meriwhen, ASN, BSN, MSN, RN · Feb 22, 2017

The lady called my employer and said some meds were missing. I was given a drug test which I passed with flying colors as I did not do this.

That doesn't prove that you didn't divert the medication. All that drug test proves is that you did not use the medication. Employers know that a lot of nurses divert not for their own use but to supply/sell to others. So though a negative drug screen can help your case, it does not automatically get you off the hook.

the lady signed for the medication when I delivered it it was all there. My job did an investigation and terminated me and now are reporting me to BON. I didn't do this and there is no evidence. It's her word against mine and now my life is ruined. I'm so stressed by this I am not sleeping well. I did consult an attorney. my question here is Is there even a case? Will the board dismiss this as there is no evidence. I cant believe this is happening to me.

You did the the right thing in consulting an attorney. Now, I wouldn't go running pre-emptively to report this to the BON as your (former) employer may very well have decided not to report you--termination may have been enough for them. And a lot of employers bandy about the thread of reporting a nurse to the BON but have no actual intention of doing so. No need to contact the BON first to call attention to a problem that they might not even know about.

But IF they did report you and IF the BON feels the matter is worth investigating, then the BON will contact you directly. If that happens, I strongly advise retaining that lawyer to assist you when dealing with them. If the BON wants you to appear in front of them, definitely have that lawyer by your side. A lot of nurses think that if they could just have a chance to explain to the BON what happened, that the BON will see it reasonably and all their problems will be over. Unfortunately, it doesn't work that way--the BON cares about the public first and foremost, not about you.

Also, having an attorney with you doesn't imply guilt. That attorney is the one person in the room who is putting your welfare first and foremost, because the BON won't. Your attorney is going to be the one who knows the law and can argue your side logically, who won't be overcome by tears and emotion when facing the BON, and who will prevent you from blindly grasping at any terms the BON offers without evaluating them first to determine if those terms are fair to you.

There may or may not be a case against you. I'm not stating that you are guilty or innocent...but the fact that all we have to go on is your side of the story, and we all know there are three sides to every story. That would be your side, their side, and the truth, which could be on either side or anywhere in between.

And keep in mind that is exactly how the BON is going to see it as well. IF it is reported, they will decide if there is something to pursue.

I don't use drugs. I served in the army for 13 years and we always had random drug tests.

Again, that doesn't prove to either your employer or the BON that you didn't divert.

also 2 days later they laid off 20 nurses as the company is going broke. It all seems fishy to me. They don't have to pay me severence so they fire me. Please any suggestions are greatly appreciated. what will happen?

Anything is possible, hence the need for you to have that legal protection. This is one time when you need to take the need for a lawyer very seriously, because if they did report it to the BON, your license is on the line. Also, if you have malpractice insurance, contact them and let them know what is up. Legal services may be included in your plan.

If you are terminated, you may qualify for unemployment pay: check with your local unemployment office.

Best of luck.

Meriwhen, ASN, BSN, MSN, RN · Feb 22, 2017

Good luck to you, and please stop calling the BON. Their members of staff are not on your side.

THIS.

There is a reason that most of us here say that the BON is NOT the nurse's friend. That's because they really are NOT. The BON's priority is the safety and well-being of the public. A nurse that is possibly being railroaded by a shady employer is not the BON's priority. And should that employer report the nurse, the BON is going to look and see how all of this will affect the public, i.e., the patient(s), NOT the nurse.

So don't believe that all this reaching out to the BON is going to convince the them of any innocence. If anything, they're going to start getting suspicious as to why someone keeps calling to proclaim that innocence.

amoLucia · Feb 23, 2017

Also, your lawyer may warn you to avoid posting anything on social media, like here at AN, and most esp, a Facebook or similar account. Keep info close to the vest even with your family. They may mean well but situations of a sensitive matter like this can spiral.

Others have said this - let your lawyer be your voice and do the data collection. Attorneys are the specialists in cases like this. You will not be saving any monies by trying to do some of the work yourself. You'll notice that you've been coming up with squat at times when you've tried. That's WHAT you're paying the lawyer for. Use him/her to the fullest!

Good luck too you.

fawnmarie, ASN · Feb 23, 2017

Bless you....
and don't take this wrong, if you are innocent, you are innocent...
there re are situations in family dynamics.... That could be seeking a "scape goat" for their behaviors...
my best advise is seeking legal counsel, with administrative law experience, as dealing with BON...
keep us posted

I agree. Sounds like a fishy, sketchy family looking to blame the innocent hospice nurse for missing medication. An RN friend of mine worked as a hospice nurse for many years. She loved the job, but she was uncomfortable with the large amount of controlled drugs she was responsible for, and worried about someone trying to steal her narcotic box. Unfortunately, addiction is a serious problem in our society today. People will stop at nothing to get a drug they are addicted to. I do wish you the very best of luck with this situation. You were wise to retain an attorney.