I'm sure I'll be in monitoring soon and I could use advice

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Not even a year into my career. Long story, a possession ticket (it was not mine but the passenger). Marijuana. Doesn't matter if it's not mine because it's my car I guess. Immediately took a drug test at LabCorp less than 48 hours after receiving ticket. I am getting a hair follicle test this week.

I haven't been formally charged yet. My pretrial hearing is in a few weeks. I'm hoping to get case dropped, but pretending it will not even happen. Even if it DID get dropped, I suspect I have to report that I was ticketed. 

I have obtained a lawyer for the criminal charges and am going to speak to a nurse attorney from TAANA this week as well. I'm not sure if it'll even help. I hear my state has a program that's similar to Florida. 

I do have mental health issues that haven't messed with my job at all, but I'm afraid this will just be used against me. I put myself on psych meds that aren't addicting. Other than this, not even a speeding ticket my entire life. 

 

I guess what I'm looking for is a little support and also... I'm wondering if anyone went into it just looking to reduce stipulations in contract I.e. getting to work 3-11, or nights, MINIMAL time off between being cleared to work. It would be nice to have minimal narcotic restrictions, but I'm trying to be realistic. I've actually been put on nights only before as an ADA accommodation, so I'm not sure if my lawyer can argue this case. I might go back to school for a different career depending on what happens and I'd like to be able to work a crappy nursing job in evenings or nights as well. 

 

A part of me wants to take FMLA when this happens in the hopes they will take me back to my medsurg floor or allow me to interview with other units, another part wants to resign so I can return to this job eventually just in case so I don't get out on a "do not rehire" list. My case is weird in that all of my coworkers AND my managers know about it and ALSO support me. 

 

 

Any advice here? Nothing legal, just like personally what did YOU do? Go back to school? Did you try to keep your job? Were any of you allowed to work medsurg or something like an obs/tele floor during your narcotic restriction? 

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Specializes in Critical Care.

Following- curious to hear others’ responses.

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I would think going back to school for nursing would be difficult since many schools ask if you have an unencumbered license... however I’m following to see what others say

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1 hour ago, Purinmeow said:

I would think going back to school for nursing would be difficult since many schools ask if you have an unencumbered license... however I’m following to see what others say

I meant go back to school for another career. 

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Specializes in Research & Critical Care.

If you were clean I'm curious what your lawyers have to say. I'm pretty sure in my state you don't need to report legal issues until you're convicted. I wouldn't get the BON or your diversion program involved unless your lawyers advise that's the best option because once that happens you're at their mercy.

If you weren't using anything treatment and a strict contract wouldn't make sense. 

Regarding your job, most seem to be understanding and will work with you if anything happens - especially if they like you and are sympathetic to your situation. 

I know it's super stressful and can be overwhelming but try not to get ahead of yourself. I find that I can drive myself crazy about things that are totally out of my control and it doesn't do me any good. Keep us posted!

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11 hours ago, MaxAttack said:

If you were clean I'm curious what your lawyers have to say. I'm pretty sure in my state you don't need to report legal issues until you're convicted. I wouldn't get the BON or your diversion program involved unless your lawyers advise that's the best option because once that happens you're at their mercy.

If you weren't using anything treatment and a strict contract wouldn't make sense. 

Regarding your job, most seem to be understanding and will work with you if anything happens - especially if they like you and are sympathetic to your situation. 

I know it's super stressful and can be overwhelming but try not to get ahead of yourself. I find that I can drive myself crazy about things that are totally out of my control and it doesn't do me any good. Keep us posted!

Luckily it was just the possession ticket. They tried to bust me for a DUI but I definitely had nothing in me and they refused to administer a breathalyzer or blood test when I demanded, do I did their stupid field test and passed. 

 

My criminal lawyer says he will attempt to get the charges dropped. As far as the actual charges go, they haven't even charged me yet and I'm going to consult with my nurse attorney about when I have to report IF I get deferred judgement, which is the worst case scenario. I would have to report the deferred judgement in my state, unfortunately. 

 

The only thing with my hospital job is I'm highly worried about the criminal side of things, like if they formally charge me (likely) and with me in deferred judgement. Like, will they be required to fire me if I have deferred judgement for a misdemeanor that will pop up in a background check. It's the only hospital system besides like two independent-but-crappy hospitals in about 45 minutes, so I absolutely want to avoid the "do not rehire" at ALL costs. 

 

The good news is my hospital apparently has a facilitator for the state alternative to discipline program, and he is in HR. Apparently he's been through the program as well. In addition, I talked to the program director anonymously, and she encouraged me to report asap (NO thanks) even though I had a negative drug test. And she asked what hospital I worked at and eventually told me "oh that's very good they try to keep employees in their jobs." 

 

But again, if there's any chance I'll be on the "do not rehire" list I'm out until I can get it expunged, worst case.

 

I'm trying my best not to worry, but as you can see, I'M CLEARLY freaking out and getting very specific. ?

 

I keep telling myself whatever happens will happen. But I can control a bit of it, and that's what my lawyer is for. I'll definitely keep you all updated. I do have a psych history so I'm afraid they'll be like oh, look at you (even though mine is a bit complicated as I'm currently only diagnosed with autism and ADHD and I DON'T take stimulants). Basically all of my psych history is heavily tied to awful childhood experiences and my autism (anxiety, etc). My psych issues tend to mostly go away when I'm not around abusive people. But you know how the board is..

 

Nursing wasn't supposed to be the end of the road for me. I got into nursing for personal reasons but it's a good job to have when you are going back to school for what you really want to do, as I couldn't at the time. I'm just wondering if now is the time to cut my losses or if I should stick it out. I may want to go into engineering, so whatever happens, I don't want to just surrender my license or have a mark. 

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Specializes in Operating room nurse/educator - Neurosurgery.

Listen to your nurse attorney before you do anything.  I hope you have nursing that covers license protection.  Good luck,

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Update: talked to my lawyer yesterday for the first time. She informed me that if I get the charges dropped when they charge me, I just have to report it during the renewal period and she thinks they won't even bother with an investigation based on her previous clients. 

 

If I get deferred judgement, she said I have a strong case for no intervention: I got that initial drug test and it's all negative, I have good evaluations at work and have never been disciplined in any way, etc. She will be recommending a psychiatrist to evaluate me and said she's very knowledgeable and we will use her recommendations if necessary, and it's unlikely she'd recommend anything. She also said she's the cheapest in this area so that's a plus! 

 

If worst comes to worst? She said she negotiates every single monitoring contract. She also said my hospital tends to fire those who get contracts while employed, and if worst came to worst, I would simply put in my two weeks until everything can be fixed and my deferred judgement (if everything goes badly) expunged. 

 

Total cost of lawyer so far: 2k, and about $50 for a urine. 1.5k for the criminal lawyer as well

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Listen to your attorney. Go into your state's professional monitoring/peer assistance program. Don't speak to anyone other than your attorney about anything. 

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1 hour ago, Na-Dene said:

Listen to your attorney. Go into your state's professional monitoring/peer assistance program. Don't speak to anyone other than your attorney about anything. 

She explicitly said not to, as she thinks based on a prior case she had I will not even get monitoring. 

 

I don't think you should go into a monitoring program or talk to those people without a lawyer doing that for you...

 

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I agree!  Stick close to your nurse attorney. 

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On 4/4/2021 at 2:44 PM, Na-Dene said:

I agree!  Stick close to your nurse attorney. 

Thank you so much for your support and advice

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