Methadone count error and BON investigation

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

Published  

I had a medication(methadone) count error. A complaint was filed against my license to BON.I hired an attorney and we responded to the allegation.The BON investigator just sent a letter requesting that I sign a letter of release so that my employer can supply her with the details of my employment history, toxicology reports, statements I gave when the incident happened and all that. please note that I was on orientation at this new job when it happened.I was barely 1month on the job. When d incident happened, I was not summoned to any meeting or asked to write any statement, nor was I asked to do any drug screen. I just got fired! A lot of nurses reached out to me personally to empathize with me and felt I was unfairly treated but that is not my problem. I am worried for my license not the job. I have never used illicit drugs in my life. I submitted results of urine drug screen and hair follicle analysis when I responded to the BON. What do you think of this new request from BON? Thank you

Share this post

+ Add A Comment

2 Answers

Specializes in Tele, ICU, Staff Development.

It sounds like the Board of Nursing (BON) is thoroughly investigating the medication count error and has requested additional information from your employer. This request for a release is part of their standard process to gather all relevant documentation to determine whether there was any breach of regulations or unsafe practice.

They will likely want to review your employment history, statements made during the investigation, toxicology reports, and other relevant data, as this helps them assess your overall professional conduct.

Here are a few thoughts on the situation:

  • Signing the release. It's standard for the BON to request permission to gather information from your employer during an investigation; typically, you want to cooperate. However, it's essential to be cautious when signing any release. You should confirm with your attorney before signing to ensure you're comfortable with the scope of the release. You want to ensure the information provided is relevant and not unnecessarily damaging. Since you've already submitted toxicology results, they may wish to confirm your status and your employer's actions after the incident.
  • Employer's role. Unfortunately, you weren't given a chance to clarify the situation or undergo a drug screen at the time of the incident, especially given that you were still in orientation and the medication count error might have been a misunderstanding or a procedural issue. Your employer's response and how they handled the situation will be a key factor. It's possible they acted out of caution or policy, but the lack of investigation or opportunity for you to provide a statement could be something that your attorney can address.
  •  I understand that your primary concern is protecting your license. Since you've already submitted the drug screen results and have responded to the BON, the next step will be to ensure that any additional information provided by your employer or other sources is consistent with your narrative. Your attorney can help ensure that nothing in the release or employer's response jeopardizes your standing.
  • No illicit drug use. Since you've stated that you've never used illegal drugs and have provided documentation showing you passed drug screenings, this should help mitigate any concerns the BON might have about substance abuse. Your attorney can help frame the narrative that this was a mistake or a result of insufficient training or orientation, which is especially relevant given that you were only one month into your new role.
  • Investigation outcome. If your attorney believes the release might open you up to additional risks or issues, they can negotiate with the BON investigator to limit what is provided or clarify the scope of the information shared. Your goal should be to demonstrate that you acted professionally, within scope, and that the incident was not a result of negligence, substance abuse, or willful misconduct.

While this request is a normal part of the investigation process, you should continue to rely on your attorney to guide you through this. Retaining an attorney with experience dealing with the BON is always best. A list of nurse attorneys can be found at The American Association of Nurse Attorneys.  If the BON has received all the information they need and there are no further issues with your conduct, they'll likely resolve the matter without significantly impacting your license. Just make sure you're fully informed and comfortable with any documents you sign.

Best wishes,

Nurse Beth

Aren't CS medication counts supposed to be a 2 RN check? Did your facility expect you to do this on your own?

I haven't seen RN med counts in a long time since the implementation of medication dispensing machines like Pixis. 

+ Add a Comment