Negative urine drug screen and I diverted a narcotic

RNigothis · Nov 18, 2025

Hey nurse,

If you admitted to diverting, the negative drug test unfortunately doesn't protect you. Boards care more about the behavior than the test result. A negative test only shows that you weren't using at that moment, but it does not erase the fact that the medication was diverted or unaccounted for.

Nursejackie201 · Nov 18, 2025

Did you already admit to diverting? Once you admit to it, it's game over. Agree with above post that a negative drug screen doesn't really mean anything. You never want to admit to diverting to an employer even if you actually do need help.

mississippiRN71 · Nov 18, 2025

Unfortunately I did, I was so upset with myself and I was crying. But the statement that they had me give was written in my administrators hand writing so when I consult with a lawyer I'm going to find out if that matters. Seems like it would only be legit if it was in my handwriting.

Healer555 · Nov 19, 2025

mississippiRN71 said:

Unfortunately I did, I was so upset with myself and I was crying. But the statement that they had me give was written in my administrators hand writing so when I consult with a lawyer I'm going to find out if that matters. Seems like it would only be legit if it was in my handwriting.

You confessed. What alternative do you have now? You can't lie at this point and expect anyone to believe you. Just move forward.

RNigothis · Nov 19, 2025

Healer555 said:

You confessed. What alternative do you have now? You can't lie at this point and expect anyone to believe you. Just move forward.

Agreed! Taking accountability is the right thing to do because you diverted, and denying at this point is not going to be a good thing for your recovery. It is easier to admit that you have a problem because this cycle is going to keep happening. You may say to yourself "oh, I learned my lesson.” But, until you get help and admit that you have a problem you will end up back in the same place. You've mentioned that you were on probation before because of the same issue, and if it happened before the cycle will continue until it's too late. When my situation happened I was completely honest with my employer, but most importantly with myself. It saved me from going to jail. So, many nurses shared with me that they wish they had the same outcome and not faced criminal prosecution. Being honest is what got me here. Aside from being criminally prosecuted by the DEA, the possible worst thing that can happen to you is being placed in the OIG exclusion list and you won't be able to work anywhere that accepts government funded insurances. This is awful, and your options will be limited to working in private practice where the opportunities are limited. I do empathize with your situation, but straight facts are the best option for you. Even if the director wrote the statement in her handwriting her word will trump anything you say because you admitted to it and a medicine is uncounted for. The board will do whatever they can to make you accountable for your actions. Just be honest with yourself!

mississippiRN71 · Nov 20, 2025

You're right, I did the right thing by confessing. This is my second time around with it, so I'm not sure how the DEA is going to react. I don't want to be prosecuted. I know from before I hired a lawyer for the criminal side and he was able to have the DEA dismissed the case because of me already going through rehab And it was a first time offense, and I had confessed and admitted I had a problem and got treatment for it. With a second time offense, I'm not sure what is going to happen. I know the lawyer did mention when I had him the first time that it might have to go to court and he could possibly get me a pre-trial diversion which of I completed it with documentation of meetings and negative drug screens that it would not be on my record therefore I wouldn't have a felony. That is probably my best bet. For right now I'm gonna focus on my recovery and I'm already back in meetings and keeping up daily with my sponsor. I'm checking into an outpatient treatment option because I don't even know if I would qualify for inpatient and I really don't want to do that again for a one time slip up. I know when my time comes with the board I will have to do whatever they order me to do in order to keep my license, but I know it would show favorable if I had complete an outpatient treatment program. Thank you for being honest with me and helping me to see that I did the right thing by confessing. I think I'm just scared, but I know I have to take it one day at a time.

SheelaDavis · Nov 20, 2025

The DEA is not going to "react." The DEA is the Federal Government and can they come in and open a Federal Criminal Case? Yes, they can, BUT they won't and here is why.

If you are the Federal Government, are you interested in a nurse who diverted 1 or 2 pills in a hospital in the middle of nowhere, and are you interested in using tax payer money to prosecute her? Common sense here. Of course not. Now, the nurse in a little hospital who is diverting and selling it for profit, or diverting by tampering 20 vials of Fentanyl with Saline? Yes, thats where a nurse should be worried.

Now, there is the State Prosecutor's that could bring a case, but again, unlikely for 1 or 2 pills. Is your diversion reportable to the State Government and Federal Government? Yes, it is. The Feds will do nothing and the state won't either unless your chart reviews (and yes, there will be an extensive chart review and investigation going on probably as we speak) and if that revealed major discrepancy over a 6 month or 1 year period, this is where the State is more likely to step in and charge criminally.

The FEDS Rarely charge.....very rarely charge nurses for diversion EXCEPT in cases of the nurse selling it or making a profit or massive tampering of vials.

As for a Nurse Board Case (ADMIN Law), not criminal law, but ADMIN Law), the BON has all the evidence it needs since you admitted diversion, but......your NEGative drug test is a MAJOR factor in criminal law. It is 100 percent certain that you will not be charged criminally. Prosecutors (state and federal) will absolutely 100 percent want a positive test to go along with an admission of guilt for a Criminal Law conviction and you having a Negative Drug test means there is absolutely ZERO......Zero chance you are charged criminally. No prosecutor in the USA would consider touching your case.

But, as for admin law (BON) and their ability to out you under consent order and monitoring and mess with your license, they have all the evidence they need. Criminal law requires an evidence and believe of guilt that is Beyond A Reasonable Doubt (greater than 99 percent certainty), but Admin Law and BONs and their ability to mess with your license doesnt need anywhere that high of a standard as Criminal law. They simply need Preponderance of the evidence (greater than 50 percent chance you are guilty or in violation).

mississippiRN71 · Nov 20, 2025

Thank you for responding, that gives me some hope. I know from previous experience it takes a long time for the nursing board to get to a case- it took them almost 4 years to contact me after I was reported to the BON. The DEA contacted me back then but it's probably bc I diverted several narcotics from home health pts when their narc was discontinued . I had a positive drug screen for opiates and alcohol when I went to rehab in 2015. Hopefully , like you said, the DEA won't contact me for diversion of 1 narcotic with a neg drug screen. What I'm concerned with now is what the board may require for me to keep my license at this point I don't feel like I need inpatient rehab because of one narcotic. Hopefully it will be something like IOP and counseling., I have a nurse defense lawyer that I called yesterday day, but I didn't get a chance to ask him everything I wanted to. He's supposed to call me back. Maybe he will have some inside on what the board might requested me for one narcotic. I was previously on probation from 2019 to 2022 so this will be my second offense, so I really don't know what to expect,

mississippiRN71 · Nov 21, 2025

SheelaDavis - I'm wondering if I need to go ahead and enroll in my states monitoring program . I just don't want to go to inpatient rehab for diversion of 1 narcotic and a negative drug screen. I guess I could call them anonymously and get a consult

RNigothis · Nov 21, 2025

mississippiRN71 said:

SheelaDavis - I'm wondering if I need to go ahead and enroll in my states monitoring program . I just don't want to go to inpatient rehab for diversion of 1 narcotic and a negative drug screen. I guess I could call them anonymously and get a consult

Sorry to say this, but you're in deep denial of your situation.

Nursejackie201 · Nov 21, 2025

I think every situation is a little different. I diverted narcotics off and on for years and never got caught. However, it was just a matter of time. At one point I did get confronted because I had stupidly confided in someone that I was struggling and they told on me. I adamantly denied it and my urine test was negative at the time. I literally prayed and promised that this was my wake up call and I was going to stop. Guess what? I didn't stop and the cycle continued. It would be another two years before I woke up one day and was tired of living that way and said enough is enough. I took medical leave and checked myself into inpatient rehab for almost four months. While I was there they encouraged me to self report. I was very very resistant and didn't want to do it, but ultimately made that phone call. Do I hate being in monitoring and think that they aren't always fair?? Absolutely. However I don't know if I would be sober today if I didn't have that accountability of being monitored, especially in the beginning. My life is a million times better today. Am I glad that I didn't admit to having a problem back when I was confronted by my employer? Yes and no. I am very grateful I don't have any charges and am still employed by the same employer, but I also desperately needed the help and was deep in my addiction for another two years. Are you actually being honest with yourself? Do I think you definitely need inpatient treatment? Maybe not, but as much as I hate monitoring, I would self report and get ahead of it and do what they tell you as much as it sucks. Do you really want to live with the constant stress and worry of waiting to hear from the board every day? Especially with a prior history with them? That sounds absolutely miserable.