Non Narcotic Theft and Terminated

Nurses General Nursing

Published

How will this affect future employment? It was some B/P meds. Awaiting to see if hospital files with BON.

Specializes in ED.

This is from the Texas BON website:

Quote

Sec. 301.405. Duty of Person Employing Nurse to Report.(a) This section applies only to a person who employs, hires, or contracts for the services of a nurse,including:(1) a health care facility, including a hospital, health science center, nursing home, or home health agency;(2) a state agency;(3) a political subdivision;(4) a school of nursing; and27(5) a temporary nursing service

(b) A person that terminates, suspends for more than seven days, or takes other substantive disciplinary action, as defined by the Board, against a nurse, or a substantially equivalent action against a nurse who is a staffing agency nurse, because the nurse engaged in conduct subject to reporting shall report in writing to the board:(1) the identity of the nurse;(2) the conduct subject to reporting that resulted in the termination, suspension, or other substantive disciplinary action or substantially equivalent action; and(3) any additional information the Board requires.

Sec. 301.452. Grounds for Disciplinary Action.

(10) unprofessional or dishonorable conduct that, in the board’s opinion, is likely to deceive, defraud,or injure a patient or the public;

You can draw your own conclusions as I am not an attorney and cannot give legal advice.

You need to talk to an attorney FIRST. If the lawyer tells you to go and talk to your RN Mgr or HR person---I wouldn't do it unless my lawyer were present for any such conversations.

I couldn't find anything that directly addressed "theft of medications" but I do suspect that "unprofessional or dishonorable conduct to deceive, defraud or injure a patient or the public" falls under that umbrella.

You need to speak to an attorney.

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Specializes in ED.

why why would you sit around and wait? isn't your license and livelihood more important than anything at this point?

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1 hour ago, exelor said:

My b/p was high when seeing md for a minor issue with stitches. Took them to keep my pressure down when seeing him- dont currently have a primary md. Also took them when pressure was up on home cuff. Was stupidity on my part for not going to primary for prescription

What is even worse is if you were honest probably any physician would have wrote you a short-term prescription until you could see your primary. You may not hear from the BON for months. Theft is theft.

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Specializes in Community health.

Thank you for the context.

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Specializes in ED.
2 hours ago, exelor said:

How do I get ahead of this? Dont i have to see if they file with BON?

One last thing---as I don't want to really keep this thrashing of your bad judgement going.

Some BONs have rules about self reporting. I read through Texas' statutes carefully and it appears to me, in my interpretation, that Texas does have these rules in play.

This may mean that if you do not self report and you just keep on keepin' on---and you go get another job, not telling your new employer about this incident---and the BON has just gotten around to investigating you after you start this new job---you may face even more serious consequences.

Think Redonda Vaught and that type of situation.

I know that my home licensure BON---if I move out of state, I have 30 days to notify them or I can have my license suspended. If I do anything---like get fired from my job for causes that violate my Nurse Practice Act and I don't notify them immediately, no matter if I am exonerated--I will have my license suspended or have a letter of reprimand for all the world to see on my nursys record.

I think you get the point.

I know it's unfair and this is the unfairness that is dealing with the BONs. Once you start tangling with ethics issues in this job, you are going to need an attorney to advise you.

Get an attorney.

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Maybe they won’t report you to the BON or the Attorney Generals office... but maybe they will. I realize money doesn’t grow on trees, especially when you have been terminated for cause but if I was you I wouldn’t wait for the official letter to try and find a lawyer, get an appointment and have them ready to respond on my behalf.

You might want to have a read through the posts on the nurses in recovery page. I realize you didn’t take narcotics my point is look at their experiences dealing with the BON and AG office. The official response can be weeks/months after the event happened, there is often a time frame in which to respond and it’s seems to go very badly especially for people who didn’t have a lawyer.

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Specializes in Critical Care; Cardiac; Professional Development.

Texas tends to be a pretty strict state about such things. They also tend to move at a snails pace. I too would advise you to get a lawyer.

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Specializes in ICU, trauma, neuro.

Definitely get an attorney. How do they know that you "stole" the bp drugs? Perhaps, you simply forgot to dispose of them at the end of your shift. Perhaps you had an "emotional break" and were in something of a dissoassoiciative state that impaired your judgement. There are defenses that can be effectively raised by good attorneys. I've seen attorneys get nurses "slaps on the wrist" for massive narcotic diversion, and I've seen people lose their licenses for showing up to work with THC in their system. Did I mention get an attorney?

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Specializes in Psych, Addictions, SOL (Student of Life).
20 hours ago, exelor said:

How do I get ahead of this? Dont i have to see if they file with BON?

You can always get a free telephone consent from the American Association of nurse attorney's

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This could go either way. Your motive for stealing the drugs could be deemed innocent. You might get a slap on the wrist.

Or things could go very poorly for you, since the lapse in judgement was not related to an addiction, which is a recognized disease. You took someone's medicine, and as a result, they didn't get it.

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Specializes in Geriatrics, Dialysis.

As I'm sure you are now aware that was a pretty huge lapse in judgment that could potentially be career altering. This is not a "no big deal" situation. I concur with everybody that gave the advice to retain a lawyer. Do it now, you really should get ahead of this as soon as possible.

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Specializes in Gerontology.

I sincerely hope that the pts BP meds you took did not suffer a stroke because his blood pressure was high

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