I received an accusation on my license

Nurses Criminal

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I have an official accusation placed on my license after being an RN 14 years and Lvn 7 years as well as 9 years as a cna . The board wants to revoke my license for gross negligence, misconduct , and incompetence for not properly wasting meds in the Pyxis while on a ER contract as a travel nurse. I tested negative when escorted to the hospital employee health as well as the registry I worked for. They insisted (BRN) that I enroll into a " diversion" program or be investigated. I refused to attend their diversion program and told them to investigate because their had to be something wrong with the hospital Pyxis or some other factor going wrong because I did not and not ever steal from a patient or a hospital . So the hospital not only cancelled my contract after extending me another 13 weeks, but reported me to the police, the DEA, and BRN. This happened January 22, 2014 and is just now tagged on my license for these violations. I got a lawyer bf she says we will do for a reprimand but it won't be likely. She says probation will be more likely. I'm scared I will lose my job due the fact that I am now a supervisor and while on probation, I will not be able to supervise . Also, they will have strict hours and areas of nursing I can and can't work . I work for the state of ca prison part time and home health and ER per-diem. My ER director let me go when I had to advise her of the accusation per my lawyers advise to do so. The state job aren't supporting me. I've been with the state 1.5 as a supervisor years after promoting from RN 6 years of service . When I interview at planes no one hires me after they see this accusation . I have never had any problems in my life getting work but the BRN has now sabotaged my career, finances. Emotional health and confidence .

After reading their 647 page investigation results, I am confident my lawyer will use the hospitals own policies and procedures against them as they are suppose to do Pyxis inventory every 24 hours. Well, I missed wasted on 12 patients over 3 weeks and verbal orders were not signed by ER MD's. So they are accusing me of administering meds without an order in ADDITION to not wasting .

Im preparing for the worst and hoping for the best

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Specializes in GENERAL.

@sonyarn88,

There are two viewpoints here that I wish to express to you.

The first is that as a colleague the terror you are going through right now is palpable. Nobody wants to see anyone lose their livelihood.

The second is why do you think the BON felt it necessary to do a 647 page "war and peace" inquest into the events you describe. In my experience I have seen "sentinel events" where patients have died through neglect given far less scrutiny than the events you describe.

So a reasonable person's conclusion of this matter would be to either think someone is out to get you or there is more to this story than meets the eye.

All the investigators have work with at this point as you have pointed out is that on 12 occassions meds were not properly wasted. Also, that there were verbal orders for those meds that were not signed off on by the prescribers.

I'm actually on your side here but what conclusion do you think a disinterested third party will come to.

You forget to waste one, two or even three times anyone can have a bad couple of days. But when the situation becomes somewhat exponential the powers that be ni matter how much they love or dislike you have to act. The fact that you cleared the drug screen doesn't obsolve you of the implication that you may have been diverting for someone else.

I want you to know these things to hoprfull give you some insight into the thought processes of the investigators.

My advice would be that in conjunction with your attorney to plead mea culpa if factual but to stand your ground if you are being railroaded.

In the first option the BON may find it in their hearts to give you a break (probation) the second option is to deny culpability lose your license but retain your dignity.

I can tell from personal experience (not with what you're

dealing with) but in fighting the power, dignity is good but it doesn't pay the bills.

Nontheless do the morally resonsible thing and try to clear your name if you can or accept the opprobrium if warranted.

But no one is perfect, and if it's any consolation, look at the president we just elected.

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Specializes in Transitional Nursing.

So it seems like you're saying that you administered 12 narcotics over several weeks that all had verbal orders by multiple doctors and none of them were signed? How many doctors?

In addition to that, those 12 orders involved having to waste all or some of the narcotic pulled from the pyxyis?

Did you indeed need to waste meds all those times? If so, who witnessed with you and where are they now?

Did you document your conversations with the doctors in your notes and put the orders in the chart? (whether it be electronic or paper)

Only you know if you're being honest, and I"m not saying that you aren't, but it just seems like your bases should have been covered many times over with proper documentation and you don't have any explanation as to what happened other than saying you didn't do it.

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Specializes in Psych ICU, addictions.

Facilities don't take actions like this against employees just for fun. Something had to have happened to have seriously merited this. I'm not passing judgment either way, just pointing out that the hospital believed there was sufficient cause for them to have taken action. And the BRN also saw sufficient cause as well.

You already have an attorney, so that pretty much covers the main piece of advice I'd offer.

The other thing I would look at is your own habits and how they contributed to this. Verbal orders are not the best to begin with--when controlled substances are involved, they can result in trouble. What is the facility policy on verbal orders? I know they're more common in the ED than anywhere else, but with EMRs they're usually entered and signed off on promptly. If not, a gentle reminder of "hey, Doc, don't forget to..." gets it done.

Consistently forgetting to waste meds, or not wasting them according to facility protocol, isn't going to do you any favors either. Once, maybe twice, is a forgivable lapse. 12 times in 3 weeks is a worrisome pattern that will be hard for you to explain.

And never fall into the trap of thinking that a negative drug screen is your main proof of innocence, as many diversions are done not because the diverter is using the drug themselves, but because the diverter is supplying it for/selling it to others. A lot of people hold onto the hope that a negative screen absolves them of guilt and makes all the problems go away. Never rely on that as your sole defense.

Best of luck.

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I'm in an identical situation as you! Also was an ER traveler and was a new nurse. I have gone to prestigious schools as well (did an entry level masters) and also got an NP!! ...and because of this accusation I can't land one job. I'm fighting this case but really annoying fighting diversion with no proof. At least you were drug tested and had a meeting... I didn't receive any of that.

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