under investigation by TN BON

Published

I was recently reported to the TN BON after an employer reported my positive drug screen. I was a Rn for 23 yrs and had never had a disciplinary action. The screen was positive for both rxs that are prescribed to me and for one that belongs to a family member. I've had 2 severe back injuries and I have been treated with opiates and neurontin for management of the chronic pain for nearly 12 yrs. What type of disciplinary action can I expect? I've not practiced since I resigned in 12/2015 and have no plans to return to practice anytime soon. As I'm not a candidate for surgery, discontinuation of the medications is not an option. The reason for taking the nonprescribed medication was due to a recent job change that left me without healthcare coverage and I could not afford the monthly MD visits or my prescribed medications. Will the BON take this into consideration? Is there a monitoring program that will allow me to take my prescriptions and simply ensure that I do not test positive for others?

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Do you have ? I would call them and seek legal advice. Do not do this alone. I have heard horror stories of people taking on the BON alone. The BON is looking out for the public first, not nurses first.

good of luck and I am so sorry this happened. I hope everything works out for the best.

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Specializes in tele, ICU, CVICU.

While I cannot speak to the BONs' future actions, I know at least PA modified their monitoring program. Now, in order to retain your nursing license, you CAN take controlled substances, following their requirements for doctors, legitimate Rx, etc. AND compliance in a monitoring program for as long as you keep your license. I believe it is a much less stringent contract than one for an individual who has diverted, had a DUI etc, but still random UDS's.

I know this has changed in the last 2 years, because when I initially enrolled with the voluntary program, it was "strictly an abstinence based program" despite warranted health issues and a wonderful team of providers on my side. And I had to make my decision about keeping my license or keeping my meds. So, I'm not sure how TN would be about that, but apparently the monitoring programs aren't QUITE as hard-headed in some areas as we all may have thought.

Also, having dealt with your doctor/s for 12 years, I'm sure they would be willing to write a letter or something to the BON, to sort of 'vouch' for you & try to have your back. Maybe provide a copy of the pain contract most require, etc etc. And simply you're track record has to speak to your dedication to the profession and your patients, employers etc.

While the BON is definitely not something to take on without adequate legal representation, they do hear things on an individual basis and large number of positive factors simply must be taken into consideration. I would definitely look into finding a lawyer well-versed with BON issues.

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Good luck!

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TN PAP is the program for nurses in recovery and they will not allow the use of any opiates while in the monitoring program. But, before you get to that point you need to be evaluated to see if you are abusing meds or what. Your situation sounds like it would end there. Or, if the investigator doesn't find any evidence of a safety issue that could end the situation. What ever the case I can assure you it will take longer than you expect. The system at work is in no hurry. If you are disciplined it can be a 1-3 year monitoring contract. It sounds like crap, but it's not the end of the world. There is a certain financial sacrifice involved, but weigh that against losing your license. You don't have to help the investigator by talking to them. My personal opinion is that eventually you will end up with a board order to go to TN PAP. If you get a lawyer that may change things, but then there is that financial sacrifice. You have a few options and lots of time. From report to board order could take months or years. I wish you luck. This type of limbo is no fun, but there is always a way to work through it.

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

Find a lawyer asap, have them talk with the investigators or don't talk to investigators or anyone about this without their presence. It wouldn't hurt if you got copies of treatment records and anything relevant to your condition or treatment from your doctor that discusses your compliance with treatment.

It's a long haul and can be grueling. But its every bit the cost of fighting for your license. I walked away a number of years ago with no intentions of returning to nursing, and that wasn't the best decision I could have made. Even if you don't plan on returning to practice, at the very least get your licensure situation cleaned up in case you would ever need to in the future.

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Any news on your case?

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Hi, I know this is an old post but I am looking for advices and I'm a a very similar situation. I took a medication that I did not have a script for to help with my migraine since the migraine medicine I had was not working anymore. I of course tested positive during pre employment because I totally forgot about the med I took the night before. I was informed I was going to be reported to the TN board. Person from HR there told me to do a self report and I was wondering if it was mandatory in TN.

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@troubledrn12 can you update me on what happend

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