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Hi! I'm brand new to the boards but have lurked for years. Forgive me if I say or do the wrong thing here.
I've been an RN for 11+ yrs and have 5 yrs inpatient hospice experience. I started home hospice 8 months ago and found it VERY different. Emotionally I had a difficult time. I was stressed to the point that it was affecting my health, I couldn't eat, my IBS was consistently flaring up and I'd lost 40+ lbs in the past year.
To make a long story short, I took a much needed vacation in early July and when my family saw me they were startled and very worried. Several people talked to me about the stress that I've been under and if I should consider another field for now. I finally agreed and called my boss. She was okay with it. I'd recently decreased my patient load, our census was down, so another nurse was able to pick up my case load and I didn't have to work out a notice. Perfect, right? I stayed home with family for 3 more weeks and rested and can already tell it was the stress that was doing me in.
When I returned to the town I live in, I had to go to the hospice office and turn in all of their equipment, patient supplies I had in my car, and so on. That's when I find out that a bottle of Lortab was missing from one of my patient's home. The DON said she was waiting for me to return it. Now, my last day before leaving for vacation was very busy as I was trying to get my patients all set for my 10 day absence (I very much baby-ed them) and it was a crazy day but I'm sure I took that Rx to the patient. BUT, the nurse that followed me says the Rx is not there. Now, in this home are two patients we see...one with CA with mets to the brain and the other with Alzheimer's. There are other workers from our agency in the home: the social worker, CNA, chaplain, this new nurse. But my DON says since I was the one to pick up the med from the pharm and deliver and now it is missing, she has to report it to the state BON!!! I have NEVER in my life diverted a single pill.
Now I have no idea what to do. Does anyone have any idea what my punishment might be? What should I be doing to prepare? Should I get a lawyer??
Any advice would be much appreciated. Part of me isn't afraid because I know I'm not at fault but another part of me worries that the BON will tear me apart. I worked hard for that license and this is my livelihood we're talking about! I have no intentions to return to work in our current state...it's time for a break and to focus on my family...but I don't want this to affect me when I am ready to work again!
I already have a compact state license for SC, TN, and all other states involved in that compact. I have no idea where I'll go next so I won't run out and get any other licenses!Won't my hair screen show pos from Lomotil that I take for my IBS?
I don't remember if Lomotil shows up- but you have a rx for that, and that's not what was missing, was it? As long as you have a rx for whatever you take, it won't be held against you... and if there's a question about something, they can do a quantitative,not just a qualitative, to show the amounts taken....
Maybe the Pt kept it somewhere. I had a pt that was hoarding medication and after working there for a while i saw medications that had expired 5months before i started working there. Sometimes we would call pharm for a refill and they would say we were not due for refills yet. That was when i started wondering what happened to the meds.
Also it could be anyone blaming you. Stand firm and dont let anyone bully you into admitting something you did not do. Also get a lawyer ASAP
Who is to say that nurse #2 didn't take them and blame you? They really don't have any proof that you diverted meds and like you said, there are a lot of people in and out of the house.
That's one thing I was wondering about. And, u could be the one holding the bag. I'd be P-----! Good luck to u!
Anne, RNC
I know nothing about how any of this works. But don't they need to actually show some sort of proof that it was you? If you dropped the meds off, there were other family and staff around, and it was a lapse in time before the next nurse realized meds were missing, how does that automatically point at it being you?
As TraumaRU said- if there is going to be a report to the BON with your name on it It would be a No-Brainer to talk things over with a lawyer familiar with this area of practice. Your local BAR assoc should be able to give you a few names. You don't want to wait till you are before a review board and they decide your licence is on the line before you get advice about your legal rights. I'd bet it will cost you a few hundred $$ to talk to an lawyer, but considering your area of specialty- I can't see you practicing on a restricted licence if the opinion dosen't go your way. Personally, I don't think you have anything to worry about. Meds are missing and one of a dozen people,-including the people they were prescribed for, have had access to them. I can't imagine the BON deciding that of all the people that had access to these meds- YOU are the one responsible for the disposition of them. Despite my expectation of the BONs possible decision, - if it was my licence- I'd talk to a lawyer at least once. I would discuss this with the person who made the threat. You are perfectly within your rights to ask if they were serious about reporting this to the BON, what actions they have already taken and what if anything they reported. Even if they just let it drop, a conversation with a lawyer may still be warrented if you are depending on this company for job references. You can't force them to give you a good reference, but you can make sure if they give you a bad reference, they have to back it up with proof, not rumor. My guess- they will say you were the best nurse that has ever worked there before they face a lawyer with a slander complaint and a request to pay you wages backward and forward for EVER of ruining your professional reputation. I know one doctor that got a settlement rich enough to never work again from a simular issue. Not the best plan- but employers fear it.
Lawyer ... hair follicle test for drugs ... lie detector. I mean if it goes to the BON that's serious. I would be screaming for a hair follicle test to clear my name. Yes expensive; but it shows what's been taken for the last few months if not more.
Another thing is if the incident is so critical why didn't they get a hold of you right after it happened? Why did they wait ... meds are always laying around unlocked in homes of hospice patients. How can they say it was you; they're pulling at straws. Find a lawyer skilled in work place discrimination. I agree with previous posts concerning talking to a lawyer.
Another thing is if the incident is so critical why didn't they get a hold of you right after it happened? Why did they wait ... meds are always laying around unlocked in homes of hospice patients. How can they say it was you; they're pulling at straws. Find a lawyer skilled in work place discrimination. I agree with previous posts concerning talking to a lawyer.
Good point. Why did they wait then accuse OP? If I understand it this hasn't gone to the bon yet.... Probably because they can't prove OP took the meds. Because OP didn't take them!
I'm new to hospice nursing but we have the receiving person (pt., family member) sign a form when we deliver narcotics. I know that doesn't help you now but maybe will help someone in the future.
Also agree you should consult an attorney. In my state the board issues a newsletter that always has ads from attorneys that specialize in nurse defense....so I would check around and find a good one.
The OP said it was a missing BOTTLE of lortab. All the hair follicle tests in the world would not prove she did not sell the pills. Proving she did not use the drug does not prove she did not divert. I'm absolutely not suggesting that she did, I'm just pointing out that she can't be proven innocent with a drug test. The situation could easily turn ugly...consulting a lawyer would be a smart move at this point, IMO.
Hoping for the best for you, OP.
Lawyer ... hair follicle test for drugs ... lie detector. I mean if it goes to the BON that's serious. I would be screaming for a hair follicle test to clear my name. Yes expensive; but it shows what's been taken for the last few months if not more.Another thing is if the incident is so critical why didn't they get a hold of you right after it happened? Why did they wait ... meds are always laying around unlocked in homes of hospice patients. How can they say it was you; they're pulling at straws. Find a lawyer skilled in work place discrimination. I agree with previous posts concerning talking to a lawyer.
xtxrn, ASN, RN
4,267 Posts
OK- I understand what you're saying- but there hasn't been any disciplinary action yet-- the BON may or may not have been contacted... She already has plans to move.
I had someone (I think I know who) tell an employer who had offered me a job that I was abusing meds- which I wasn't . This was coming from a known addict (in recovery who didn't think anybody could take meds as prescribed- I'd had a back injury, and had meds around my apt- what addict leaves there stuff around for weeks, and doesn't TAKE IT
.....when I got wind of what was going on, I threw them away- another "sign" of a 'true addict'- throwing stuff away....LOL...
). I didn't get the job, but when i told my previous employer what was going on, I got rehired over the phone- no questions asked. I talked to one of the approved drug counselors, who of course told me i was in denial (which is impossible to prove)- and that I had to do the peer assistance thing- over NOTHING !! I refused. My employer (who rehired me) didn't 'force' me to do the program- she had no reason to believe I wasn't telling her the truth based on my work history.
The BON had NOT been informed. It was all a scare tactic- that's not to say the OPs DON won't notify the BON, but it could be a ruse. The worst would be having to talk to a drug counselor if the BON makes that a requirement. There are too many other people who could have handled the meds. IF the BON requires the 3 year program, medical and employment history would be hard to blow off. There's no proof, and no history of diversion or drug abuse/dependence/addiction.... just saying'.... :) The nurses I've dealt with who were mandated to go through a peer assistance program by the BON were either caught in the act, had track marks, and tested positive for the suspected meds. Rumors and a missing med that could have been handled by any number of people is a pretty big "what if" to be a done deal....
When moving from TX to IL, there was nothing about pending or active investigations. I had to get FBI and state police fingerprints- that was it. (and a hefty check payable to the IL board).
I would get the hair analysis. But to freeze, and not move on (when that has been the plan) doesn't make sense either- be sure to leave contact info IF the BON needs it- but don't assume this is going to all go sour.... JMHO.
Another idea- make an offensive move with the BON- call them and see what they suggest. The one in TX had peer counselors who were not BON employees...at least when I had my experience with them. And, BTW, I never had anything come up about this with any license renewal. It wasn't in any record. :)