Monitoring (voluntary) vs. probation

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Specializes in CCU.

Hello, I am a fellow nurse who has been accused of drug abuse/diversion and failure to document controlled substances correctly. Diversion and abuse is not true at all, I have even taken drug tests on my behalf and they have been negative just to prove to my former employer and the board. However, I cannot rule out diversion. And I did not document and scan meds like I should have, especially PRN meds, which a lot of times were controlled. I was reported to the board. I have a board hearing with the nurse consultant in a few days. I wanted to get some feedback on some similar situations regarding this. Any help would be greatly appreciated. I so badly want to join the monitoring program in my state, even though I do not have a problem with abuse,  only because I would not be on probation and therefore have an encumbered license. I however went the investigative route, and am wondering if I can change course and self report/sign up to the monitoring program, or is it too late? PLEASE HELP! 

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Self reporting to the monitoring program you will have to admit you have a substance abuse problem and if you miss check in’s or appointments you’ll usually have extensions on your contact or if you decide you no longer want to be in the program your case will be closed and the BON will be informed. In Michigan even if you self report if the issues were diversion especially opioids you’ll still get a mark on your license, they no longer protect us. If you know 100% if you join your states program,  can afford the cost and will not get a blemish on your license it may be worth it to say you have mental health, but I’d be careful saying I have a substance abuse problem. You should definitely talk to a lawyer that a specialist with nurses and licensing in your state 

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Hell no.  Hire a lawyer and make them try to prove it.

 

I diverted, self reported.  You don’t want this if you don’t need it.  (I need it or I probably would’ve ended up dead).

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Specializes in CCU.

Thanks for your input!! May I ask what happened in your case? Did you just get probation? Am wondering what’ll happen to me..

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5 hours ago, Kpp1234 said:

Thanks for your input!! May I ask what happened in your case? Did you just get probation? Am wondering what’ll happen to me..

I ended up with a 4 year monitoring contract through my state’s alternative to discipline.  That ended up meaning outpatient treatment, daily call ins for random UAs (Monday-Saturday), 12 months no narc pass, another 12 months supervised narc pass.  I have to ask permission to go on vacations.  I am not allowed to drink alcohol.  I have to allow access to all my medical providers who also have to fill out quarterly reports.  If I get hired as a nurse (I got fired) I have to disclose that I’m under monitoring and they have to also fill out quarterly reports.  I am still waiting to hear from the BON to see if they discipline me anyway.  
 

trust me, this is NOT for a person who doesn’t have a substance use issue.  I would’ve fought every step of the way if I didn’t.  

Oh I forgot two recovery meetings weekly, getting a sponsor, and one peer assistance group a month.  
 

The expense alone for treatment is a lot.  

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Specializes in tele, ICU, CVICU.

I would NOT talk to any representative of the monitoring program or nursing board myself, if I could go back.  It's pricey, but get a lawyer.  If you truly do not have a substance abuse issue, do NOT admit to it, same goes for mental health issues.  

https://taana.org/  is a good resource to start looking for an attorney with experience with nursing licensure & board issues.  

I trusted what the investigator and monitoring program reps told me, like an idiot & regret thinking they were just trying to help me.  They are not your friends.  Best of luck! 

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Specializes in general.

absolutely. positively. get. an. attorney. You can reallllly mess up your future if you get tied into this.. BUT, if you have a problem then it does help keep you sober.  Don't speak or sign until you talk to an attorney! Best of luck!

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Specializes in Critical Care.
On 10/13/2020 at 9:48 PM, Scared2020 said:

Hell no.  Hire a lawyer and make them try to prove it.

 

I diverted, self reported.  You don’t want this if you don’t need it.  (I need it or I probably would’ve ended up dead).

Same here. Had a truly desperate problem and needed help. Needed BRN guidance because I needed and wanted help. If this isn’t you, then lawyer up for real. I did self-report which midway converted to mandatory. 4yrs 3 mos later, done and clean license. Browse through these forums, it might help you decide. 

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Specializes in CCU.

Okay guys, thank you ALL again for your input and feedback, it is greatly appreciated. You guys didn't have to spend the time to do so. I just received an order from the board. They are recommending a 12 month probation. My license remains active, I do have to work at least part time the entire time of the probation. My employers and school has to know. I will be submitted to random drug testing, have to pay a small fine, and take two online educational classes on proper documentation/safety, etc. I can travel outside to work, but the board has to approve it first. All prescriptions have to go through one doctor/dentist. The only setback is my school has to know, Im already in a program but the school does require an unencumbered license. I don't know what to do about that at this point. Also, it will be public record. But quick question, once I satisfy all probation requirements, will they remove the mark on my license? or is forever?

 

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What state are you in? 

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Specializes in CCU.

Alabama

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I’m not sure about you state, I’d ask a lawyer that specializes in licensing. In Michigan it shows forever. 

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