YES - get an attorney

  1. I'll keep this short and sweet.

    If you are accused of diversion, even if you are 100% innocent, get an attorney.

    Nearly two years ago, I was falsely accused of diversion (based on a random audit of our terrible, faulty electronic barcode system). I was grilled about discrepancies, told that if I simply confessed, it would be so much easier on me, that if I didn't confess and tested positive my employers wouldn't be able to help me.

    I wasn't about to confess to something I didn't do. So I was drug tested, and suspended pending the results. They were negative, but I decided to move on anyway.

    A year later, I was contacted by my BON, to provide written answers to a series of questions, and provide my side of the story. I had everything ready to go and at the last minute, decided to contact an attorney.

    Thank GOD I did. My attorney is the reason I am not in some program, because he knew how to answer the questions from the BON. (in fact, he retired from the BON, same state)He was able to point out the mistakes I'd made regarding my answers: they were numerous and misguided.

    Without his guidance, professional skills and contacts, I am 100% positive I would be in the state monitoring program right now.

    No matter how innocent you are, no matter how sure you are that the truth is on your side, get an attorney who specializes in defending RN licenses.
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    About GuyRN2003

    Joined: Feb '18; Posts: 6; Likes: 23
    Specialty: 1 year(s) of experience

    3 Comments

  3. by   Randomnurse3
    When you say, " A year later I was contacted by the BON" ... do you mean literally an entire year? Or was it more like 6 months or 8 months or 10 months? A year just seems like a long time.

    Also you are absolutely right about getting an attorney. Most often an attorney can keep you from going into a program.
  4. by   SpankedInPittsburgh
    My biggest regret was not recognizing the complete adversarial nature of these programs. I agree get an attorney and fight every step of the way. These monitoring programs are not set up to help anybody. Perhaps they were a long time ago but the over functioning, control freak nature of the people who run them lost sight of the mission of helping nurses & now its about retribution and extortion. Get an attorney, pay them and do what they say. Its my biggest regret
  5. by   Wizard 1
    Most definitely get an attorney, whether you diverted or not. If you are suddenly ganged up on, do ask to see documentation of the said discrepancy, and do not accept "So and so said, so and so complained about you, " ad nauseam. That means they don't have anything and don't like you for some reason. But do demand they prove what they're accusing you of. If you are drug tested be very careful to match all chain of custody numbers from the sample donated by you to the final seal placed over the entire thing in a box and keep a copy of everything. Get a backup test at an independent lab for your own records. Do not confess to anything, the facility management is not your friend, neither is HR. Ever. Remember that. Neither is the BON or any of their investigators. Neither are the police. Lawyer up. Document everything, who said what and keep track of all that paperwork.

    If you didn't do it, do NOT confess to anything no matter what they tell you. Do not assume that they will give you the benefit of the doubt. They won't. Do not give up. No matter how long or far, do not give up.

    If you did, get the help you need and work through your lawyer, don't talk to anybody.

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