KBN investigation

Nurses Recovery

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Looking for advice/experience. 
I was recently terminated under suspicion of diverting drugs. I was drug tested which I failed due to taking a pain killer from a friend. At this point I know I look super guilty. I was not diverting drugs but it will ultimately look like I was. I have been ordered a mental health and substance use evaluation and have to write a statement to the KBN. Has anyone been investigated for similar and what was the outcome? I can not afford a lawyer. 

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Specializes in OR, Nursing Professional Development.

Welcome to Allnurses, @Needadvice2023  
We have moved your post to the Nursing Recovery story for best responses and where you will find stories from others who have had similar experiences. 

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I am in similar shoes except I was diverting. If I were you, I would lawyer up! They have to PROVE that you DIVERTED which is really hard to do if the facility doesn't have cameras and nobody saw you steal anything. 

Be honest in your chemical abuse test and tell them you do not have a problem and it was a one time deal. If you have a problem, then be honest about it. 

The burden of proof lies on the facility to prove you 110% diverted from them. It's a pain in the ***, trust me. But if you didn't steal, then you have nothing to worry about. Your lawyer can help you tell the court that it was a one time deal and you got the drug from a friend. If anything, they might charge you with possession which can be dismissed at a later time if you go through probation. 

But if the facility presses charges, that's a different game all together. But once again, the facility will have to prove beyond a reasonable doubt that you stole. They have to prove what you stole, when, and how much. Pretty hard to prove if there are no cameras around and if you're not guilty. 

Lawyer up if you can and do not, I mean, DO NOT TALK TO ANYONE. NOBODY! Only your lawyer. 

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Thank you for your response! I can't afford to lawyer up so I'm flying by the seat of my pants. I have drafted my response letter and I have a mental health/substance use evaluation coming up. Do you have any knowledge of how much of the disciplinary action rests on that evaluation? Everything I've read makes it seem like they rely on that evaluation a lot but I'm not sure. I'm very socially awkward and I'm hoping that doesn't impact my evaluation. 

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Hi. Im assuming A LOT of what you say in the test will determine how they move forward. I have one tomorrow, and the lady told me depending on how I answer, they will either put me into inpatient therapy, 3 days a week, or just 1 day a week. For some people, if they're not addicted, then the evaluator will just put in the report that you don't have a problem. You will possibly just be put into a year of probation if you don't have an addiction problem. I know it's a 2 hour evaluation about your entire health and abuse history. 

 

Good luck! I think you will be just fine if you don't have an addiction and it was a one time deal. 

I think the board makes their decision based on how the evaluation went. 

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Specializes in ICU, ER, Med/Surg, Home Health, Hospice,Step Down,.

I couldn't afford a attorney either. I actually put the retainer fee on my credit card and I am so glad I did. After my attorney did all communication with the board, everything was dropped. I also received most of my retainer fees back. These programs are very expensive. Anything the attorney does will be saving you money in the long run. Please remember the board is not your friend and they definitely are not on your side. The only person who will be on your side in this situation is your attorney.  Also, do not talk to anyone except your attorney about this situation. This includes previous and current coworkers. 

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Unfortunately I can't even use my credit cards for a retainer. I'm in one of the worst financial situations I've been in for very many years. So I'll have to do all of this alone. I wish I could afford an attorney, it would probably make me less anxious. Hopefully the evaluation goes well and the evaluator will see I don't have an issue and give me a good report. But honestly who knows.  I will be sure to update. 

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A lawyer won't help.  Board doesn't care about proof or truth. don't waste your money since you had a positive UA. They will force you to do knap which is a money maker and you will get a narcotic key restriction which makes getting a job impossible and have to have quarterly reports sent to board by employer for probably at least a year up to 2 years. 

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Specializes in Psychiatry.

A lawyer can make all the difference if they can recommend an evaluator who will find you don't need a monitoring agreement.  You always have to find a way to afford a lawyer.  Costs over time exceed that of a lawyer.  Wish I has a lawyer 

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Specializes in Med-Surg; Rehab.
Needadvice2023 said:

Unfortunately I can't even use my credit cards for a retainer. I'm in one of the worst financial situations I've been in for very many years. So I'll have to do all of this alone. I wish I could afford an attorney, it would probably make me less anxious. Hopefully the evaluation goes well and the evaluator will see I don't have an issue and give me a good report. But honestly who knows.  I will be sure to update. 

Hi! Just wondering how things have been going for you. Any updates?

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