mediation with BON..What should I expect?

Nurses General Nursing

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I was contacted by the bon to schedule mediation in regards to case I currently have and wonder what I should expect? Here's a little bit of back story...

Back in 2014 I was working as a LVN behavioral health hospital specializing in geriatric behavior issues. So at this point I had only had my license for 7months. We use both EMR and hard copy charts. And one day I was in the middle of signing meds out when the computer network was completely off line. At the same time the patients all started to have increased agitation and our MHTs needed help with redirection and since I couldn't chart or anything I stayed helping them and assisting with meals. Around 4 hours later the computers came back online so I went to finish charting . They next day I was called to the DONs office because one scheduled Ativan 0.5mg. Was not signed out . I explained that I just must have missed as I was focused on charting the behaviors but it was signed for on the DEA log.. I was told at that point I would need to take a drug test. Which I personally think was overly aggressive but OK no problem. I was irritated by the whole situation and I said" can't believe I'm being drug tested when over half of their employees would fail for weed". Gave my sample with HR as a witness. I was then told I would be suspended until my result came back. Because this is a locked unit I gave my keys so there was no way I was there or been there .Days go by and I call for result, and when could I work. . I was told at that point that because I gave them my keys they hey assumed I quit. The test were negative btw, but they said they already filled my spot and the paperwork was processed. A couple months later I received my first letter from the bon. In the this letter they list 2 issues, the 1st being misappropriation of one 0.5mg ativan and the 2nd said I stated I would fail the test due to smoking weed! I responded back explaining what actually happened and waited for a response....for 2 years I got nothing. Then out of the blue I got a letter with many more added issues such as misappropriation of Ativan 1mg on 2 different people but the date was months prior to the original issue. Now I don't know every facilities policy but at this place as soon as it is suspected you are pulled from the floor to test. I find it very hard to believe they actually thought I had diverted 2 months earlier but allowed me to continue to work unrestricted and never called in the office to discuss the other missing meds. The letter said I had 20 days to have psychological testing done at my cost. I called to talk the bon because I had no knowledge of any other issues with medication until that letter. They basically said too bad you have to do it. So I did and hadn't heard anything from them for almost 2 years when I get a letter with proposed order that basically was anything and everything they could make me do. TPAPN, NA meetings, fines, remediation etc. I could agree and sign it or not and they would file formal charges against me. I had gotten copies of everything my employer sent to them and basically there was one verbal warning about documentation issue and the rest was hand written medical records numbers with dates and descriptions of what they claim I did and that was it. No actual evidence other than a person writing it down on regular paper! Heck for all I know a kid could have wrote it but needless to say I didn't sign. A couple months later it was add to my license that formal charges filed but no restrictions and have always been able to renew with no problem. Now another year and a half later I get a request for mediation. I would also like to mention every time I answered to charges I asked to do the EEP program which is random drug testing but none oth the other restrictions that usually accompany TPAPN, but was denied. It has been 5 years since this first happened and I have worked the entire time with no issues. My employers all have given me wonderful reviews and I haven't had any write up. At this point I don't think it would be fair to impose all those restrictions when I have been a perfect employee. Also, the employer that reported me was closed by the state and had lost multi million dollar lawsuits from patients and families. I'm ready to get this over but I afraid they are going to make me do all the things that just won't be possible for me to be successful. Any advice or thoughts about mediation?

I have a lot of info from my personal experience in TX.  It may be different depending on location. Do not surrender your license.  I went into it thinking the same but it's just been an inconvenience than everything.  If you have a positive drug screen and you are not dirty they will send it out for further testing. Honestly it hasn't been that bad and I was constantly considering the worst case scenario.  I just play their game and they leave me alone. Also where I'm at they do not random on the weekends so if I want a drink at dinner it will be out of my system before I'm tested again. 

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Specializes in Critical Care.
45 minutes ago, TXStrong said:

Also where I'm at they do not random on the weekends so if I want a drink at dinner it will be out of my system before I'm tested again. 

Sorry, that's terrible advice.

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Specializes in Med / Surg.

TXStrong, thank you so much for your help here!

I don't like having to agree to a program where there isn't upfront info about it's logistics, if that makes sense. I want to know I can succeed.

So: What drug testing facilities CAN be used? Are there options everywhere in the U.S.? I don't always have a car. I work the 7A-7P shift. So let's say I get notified to test on a day when I don't have a car, am working, etc. Worst case scenario could I uber to an urgent care clinic, pay whatever fee to drug test there and have that count? That's where my head is out. How can I succeed.

Also, I'm not sure if you're aware but TPAPN's official stance is that nurses that use hand sanitizer risk testing positive for alcohol. THIS.IS.CRAZY.UNETHICAL. we all know sinks are a luxury (and I actually can't do this at my location). I would hope testing parameters would account for normal products. I WON'T take any risks and this dumb "cover your ***" stipulation on their part is another reminder that the program is about NOTHING it pretends to be. 

Anyone done TPAPN and used the hospital provided / normal healthcare levels of hand sanitizer? 

THANKS IN ADVANCE TO ALL  

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So Texas uses affinity spectrum.  There is many approved sites to choose.  Just in my area I have 6 different ones within 25 miles. You will have an app on your phone to check in everyday from 4am-2pm So you will be able to plan your day around it. I work remote at home so I don't use a whole lot of hand sanitizer.  It is something that is more of an inconvenience than anything else but it doesn't show on my license and as long as I don't have any issues it never will be. I agreed to TPAPN because after 7 years of fighting it I just wanted to move on with my life. At first they tried to make it where I couldn't pass Narc's for 6months but I told my case worker my current employer would not accommodate and she was nice enough to lift that stip .It's all a bunch of BS and as we all know in Texas nobody has nurses backs.

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8 hours ago, CABGpatch_RN said:

Sorry, that's terrible advice.

No, absolutely you're right. I was just being honest. 

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Specializes in Med / Surg.

I TOTALLY hear you with "wanting to move on with your life" and I DO! I will jump through WHATEVER hoops but I just feel like the logistics could create even more problems, if that makes sense. you've been so helpful and so kind to me, I'm going to shoot you an email here in a bit. THANK YOU!

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