Naroctics diversion...Am I going to prison? Help

TheCommuter, BSN, RN · Nov 8, 2015

TPAPN (Texas Peer Assistance Program for Nurses) will make finding employment very difficult since one of the stipulations involves no access to narcotic lock boxes or the controlled section of the Pyxis. Many employers do not wish to deal with this stipulation, so they shy away from hiring nurses who participate in TPAPN.

However, I have not heard of any nurses who were sent to prison for drug diversion.

ixchel · Nov 8, 2015

((((whodatme))))

I hope this resolves swiftly so your anxiety can calm some. And I hope you are put on a path to successful recovery.

joanna73, BSN, RN · Nov 8, 2015

You won't likely be criminally charged, but stipulations will appear on your license and you will have to disclose to future employers.

As Commuter said, finding employment will be challenging, especially since there is no shortage of nurses.

RiskManager · Nov 8, 2015

In my experience, criminal charges in diversion usually only occur in one of a few scenarios:

Someone (a patient, family member or other) was injured or died as a result of the diversion.

The employer wishes to send a message to other staff that diversion has consequences.

The local prosecutor wishes to send a message to other local healthcare providers.

The diversion was wholly in or part to sell drugs rather than for personal use.

odaat · Nov 8, 2015

First of all, breathe, it's going to be okay and you are not going to prison. Not one doctor, nurse, or pharmacist I have encountered on my journey has gone to prison for this.

In my case, I had already gone to rehab and signed up with my states monitoring program prior to even finding out my job had turned me into the BON for suspicion of diversion. The BON still did their investigation and afterwards turned everything over to the state prosecutor who then got to decide whether or not to pursue charges against me. My case went to the grand jury and I was charged with ONE felony count of obtaining drugs by fraud. That one count encompassed the entire 4 month period I was diverting. They do not charge you for every single med you took. It wasn't until about a year after I got clean that I went in for my sentencing. I was given a $1000 fine, probation and a deferred judgment for one year. So I go back in one year (3 months now) and if I don't screw up, my charge will be dropped to a misdemeanor. This has been the same for everyone I know with this charge who doesn't screw up! When I went in front of the judge I had a year of recovery and a year of compliance with monitoring. I had rehab, outpatient treatment, therapy, psychiatric help, and NA. Anything a person truly wanting help and to change could do, I had done it and continued to do it and that meant something to the judge.

As far as the BON goes, I was told continue with monitoring and nothing will happen to my license. Like the criminal charges, as long as I don't screw up, my license will be okay. I won't lie to you, monitoring is one of the hardest things I have ever done in my life. It's expensive, restrictive and it's intrusive..for 5 years they tell me to jump and I just ask how high. And that's okay, one, because I deserve it and two because I'm just so grateful to have the opportunity to keep my license.

Like a pp said, it can be very difficult to find work in monitoring but it is by no means impossible. I am working as a nurse again. It took a year and a half for that to happen but it happened.

I hope this has calmed your biggest fears some. I know that feeling of terror, so much is unknown right now for you. The only thing you need to worry about is staying clean today and I promise you all of these things will work out. Ask your monitoring program if there are any Caduceus meetings in your area, they are a recovery group for healthcare professionals and were invaluable to me in the beginning. Take it a day at a time and don't let the fear take over if you can..you're not going to prison!

CryssyD · Nov 9, 2015

I had to face a criminal possession charge (controlled med not prescribed for me, but not obtained from work)--for that, along with my DUI, I got 2 years' probation and community service. There's no way to be absolutely sure, of course, but most people realize that diversion by nurses is related to a substance abuse problem; if you have no prior criminal record, I don't think you have to worry about prison.

It sounds like you are doing all the right things. At this point, I would recommend a consultation with a lawyer, because you will need one, for help with Board proceedings if nothing else.

Good luck in your recovery and everything else. Yes, it seems like the end of the world right now, I know, but it really isn't. You will get through it--and be a better, stronger, and happier person because of it. Check out the Nurses/Recovery section--you are so not alone!

Omaapecm, ASN, RN · Nov 9, 2015

I really hope it won't come to criminal charges. Your lawyer said that wouldn't happen so trust in that and try and relax and have faith.

whodatme · Nov 9, 2015

You guys are a breathe of fresh air!! Just the fact that people are willing to take their time to respond, it amazes me! I thank you all from the bottom of my heart. I will take all of your suggestions to heart and will continue to fight everyday while remaining grateful.

Big Blondie, ASN, BSN, MSN, APRN · Nov 9, 2015

You are right where we all have been. I really feds were gonna come knocking But they didnt. Most TPAPN nurses in my area get a job right away. I dont know what part of Texas you are from. Just stay focused on your rehab right now. Everything else will fall in place. Do your

90/90 and when you are strong enough to go back to work start looking! Until then your recovery is number one. I have 2 yrs down and three to go. Guess what. When I was using my life sucked. Now. My life rocks. I am obtaining the promises of recovery and you my friend will reap them too. Just know you have no control over the BNE, feds, past employers, etc. That will hack at your serenity. It took 15 months for BNE to contact me and I was in TPAPN the entire time. For almost a year I was a mailbox junkie! I hit that box twice a day. Always worrying. I finally gave it to God. When it was time the letter came. I wasnt home and my husband called me to let me know. And I survived all of it! You got this.

Recovering_RN · Nov 9, 2015

I haven't heard of anyone in tpapn ever going to prison or even being criminally charged.

Since you're already starting your NA meetings you should start getting signatures at the meetings now. You will be required to do 90 meetings in 90 days at the start of tpapn and tpapn has a meeting attendance signature sheet for you to give to the meeting leader each time. They'll sign it and give it back to you. You can find that form on the tpapn website in their participant forms handbook.

You might as well get started on that if you haven't already. Keep that form in your car because at first you will forget to bring it and you need to get those signatures! You won't actually have to turn in that sheet, but you'll need it if they ever decide to audit you.

kesweatt · Nov 9, 2015

Please don't worry! Yoou will not go to prison. I am a Texas nurse and the same thing happened to me!! If there is anyway you can fight the charges ( even if you are guilty) I would advise you to do so!! Please enter a not guilty plea...let your attorney do the rest. You will be fine!!! I pleaded guilty and I got my nursing license back....no jail time....a lot of hoops but that's ok. I just wish I hadn't pleaded guilty......