How many have been arrested?

[DistressedRN]

I recently resigned my job in lieu of termination after being confronted with evidence of my diversion. I admitted it to my boss and immediately self reported to my states peer assistance program and will be entering inpatient rehab this week.

I was finally starting to feel hopeful about the future but today I opened my mailbox to find a questionnaire from my employers corporate compliance officer asking me if I engaged in any conduct that may have resulted in fraud, or other illegal or unethical practices, and if so to list details, dates, etc. I am terrified to answer either way. I know that I am solely responsible for my actions, but I'm still afraid that the consequences of my actions will take me away from my family...I have small children.

Any words of advice, encouragement, warning? I've vomited twice in the last ten minutes just since opening this, and I can't bear to tell my spouse of my new fear, they're already hanging on by a thin thread.

[Recovering_RN]

Well I definitely wouldn't answer that questionnaire!! If they seriously expect answers, they can call you. A letter in the mail is pretty weak, I wonder if they really expect an answer? If they pursue it, get a lawyer and figure out what to say or have the lawyer speak for you. Do NOT put anything in writing!

I was fired after I was asked to do a drug test because pharmacy records showed too many narcotic waste transactions. When they fired me they said it was for the positive drug test result, so they never actually said the word "diversion". Idk if that makes a difference or not, but i was not arrested.

I did have a panic attack when a police officer showed up at my door about a year later though, and handed me a subpoena! Turns out it was for an unrelated case where I'd drawn the blood alcohol level for a driver who had crashed and killed someone. Whew!

To be honest I haven't heard of many nurses who were fired for diversion getting arrested. I suppose it happens but it's not that common. I guess it has to do with what proof they have and if it could be proven in court.

[Lisacar130]

You don't work there anymore, so i see no obligation to answer the questions. If they had enough evidence and had the desire to have you arrested, they wouldn't need you to fill out a questionnaire asking for details and dates. If it were me I would just ignore it. Of course I have to say consult with an attorney... but I'm just saying what I would do if it were me.

[Persephone Paige, ADN]

Don't answer! You've admitted your problem to the peer assistance program... If they want to officially charge you, let them do the investigation. That's what they are paid for...

[Eris Discordia BSN, RN]

Absolutely do not fill out that form!!!! You aren't an employee anymore, so what are they going to do?

Fire you? That ship has sailed. Most importantly remember...

You have the RIGHT TO REMAIN SILENT. And these aren't even the police you are talking to. Talk about scare tactics. Let them do their investigation on their end but I can't imagine there being an iota of legal obligation for you to respond and incriminate yourself. As always, a lawyer would be the best equipped to advise you through this, but for me personally, I would hang onto the letter but absolutely not fill it out and return it.

I can easily see that paper being submitted with whatever other evidence they have to the police and boy, you pretty much will have handed them a roadmap on how to collect their evidence to report you to the authorities. Maybe they are trying to collect evidence to press charges...but I certainly would not give them an iota of help in that process. It's not like you are ignoring a subpoena. It's a questionnaire from a private business, it's not even like it's a government entity. I cannot see how you have a legal obligation to do jack squat with it. But again, only a lawyer can give a legal answer. But I wouldn't do it.

I only personally know of one nurse who was arrested...in her case, she was diverting dilaudid and when she got off work, the police had rolled up to the hospital exit and arrested her right outside of the lobby in public view. It was a small city, so her mug shot was the front page of the paper. Her work never confronted her. She apparently was allowed to work and then just arrested after her shift. That smacks me of reckless from the facility standpoint of allowing her to work, but I guess they really wanted her arrested I suppose. I will never understand why the facility chose to make a spectacle of her. But she's the only nurse I personally know of who was arrested.

I would talk to your spouse though, assuming you have a healthy marriage. If the police do show up at your door, you don't want your spouse blindsided to the possibility. Plus, it's a lot to carry alone on your shoulders.

[Big Blondie, ASN, BSN, MSN, APRN]

Do not answer any questions. I would shred that and move on. You can't control what they do and you don't have to tell where you hid the bodies!

[SpankedInPittsburgh, DNP, RN]

Throw that thing in the trash and make no more admissions of guilt without talking to an attorney first

[Rileysmama]

DO NOT put anything in writing. That was what started my nightmare in NC. I was approached, I admitted my guilt, and then was asked to put it in writing. A week later I was charged with felony embezzlement, arrested, processed and let out on bond. Entered a diversion program for a year so even when I got my license back from the NC board I couldn't even get a job bagging groceries because of the pending felony. You never get in too much trouble by keeping your mouth shut.

That being said, it was my path and I did get sober. I worked the diversion program and my charge was dropped a expunged. I moved to Florida and they gave me a clear and active license and I am enrolled in the sobriety program here - and I fly under the radar and DO NOT call them unless I absolutely have to.

Whatever happens, you will be ok. It doesn't feel like it, it's a nightmare and it's so scary. It will be ok.

[Kel65, MSN, RN]

This is from your former employer, you do not have to answer them or talk to them or have anything to do with them. Even if someone is arrested for something they have the right to remain silent. Reminds me of when the insurance company for the opposite party in a car crash I was in called and asked me if I would answer some questions on a recorded line. Hell no I said, I don't have to talk to anyone about anything in life ever. That's what plead the fifth is all about.

Being honest with ourselves about sobriety is one thing. But the Constitution gives us the right to not self-incriminate. And guaranteed anything you answer is going to go right to Medicare and you won't be working anywhere that accepts Medicare again. And given his title and those questions it would appear this is along the lines of questioning in regard to Medicare fraud which diversion would fall under.