OSBN investigation after suddenly fired after MAT leave

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Specializes in Stroke/Neuro/PCU/Medsurg.

Hi yall, 

I've been a nurse for about 9 years. I have been working at my last job since 2020, w/ a small intermission to take one travel contract (fall 2021). When having a UA for the next contract (within same system), I popped positive for a med I had no idea was in my system (hence why I went so willingly and early to the UDS). Bc of that, the unit opened an investigation and determined I gave certain narcotics more than my peers (it was my first contract and only 12 weeks long). So they basically made me do the WHPS (washington health professional services), to avoid getting reported to Washington board. So I jumped thru the hoops, saw SUD counsellors who told the agency I did not have a SUD, as I told them as well, this was a freak accident. I also offered to take another UDS on the spot after hearing it was positve but they did not give me that opportunity. So I signed on, went back to my original job in Oregon since no one would have me, spent a whole year in monitoring, frequent UAs out of my own pocket (this was my entire program, no additional counseling or anything else required, Come Spring of 23, I was free as a bird, both licenses clean, business as usual UNTIL I got pregnant, had a baby and was off for maternity leave for 3 months. I begged and pleaded for more time off because I was NOT ready to go back and was suffering SEVERE PPD/PPA. 

Not even 6 weeks in back to work,  I get put on admin leave b/c they were "concerned about my behavior" and since I'd been back I flagged the pharmacy that I was giving more narcotics again than my peers. (Also to note here, the unit made some staffing changes and I was often doing break nursing, or helping out without a set assignment which required me to help with tons of medpasses). We also had about 7 comfort care patients on the floor. 

-Sorry, Im rambling/venting WAY too much. - When my manager and HR interviewed me, they kind of blindsided me with this. They didn't give me specific patient scenarios or pain assessments not filled out, it was this generalization of a high score and concern about my forgetfulness, anxiety at work, and not being as sharp and high performing as I was before MAT leave. During this meeting, I offered to go do a UDS right that minute as I know I am not taking substances, especially not from work, and they declined to let me do that. and never during this investigation did they ask for a UDS. 

Mind you, I went in to management's office several times to tell them I was struggling with this new workload and would like to go back on a personal leave, so I did. In the middle of my leave, they called me and terminated me, and told me I am reported to the OSBN. 

now I am wondering if I should get a lawyer for this prior to my 1st interview? its a 30 min long phone call, the next step would be a board meeting. 

Im up for my literal dream job at another hospital and need to work cause I have 2 kids. I cant believe this is happening. Any advice from anyone whos been in this situation before? 

Sidenote- I've always scanned each med, ALWAYS properly wasted with another nurse, every med I gave was accounted for, didn't lose any narcs or mess up counts. So it most likely is not this type of scenario

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I'm so sorry this is happening.  I always say lawyer even though that's not always the answer. 

Good luck. 

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Specializes in ICU, ER, Med/Surg, Home Health, Hospice,Step Down,.

Please get a attorney that specializes in the BON.  The board is not your friend and they really do not care about us. Please do NOT ever meet with anyone from the board without your attorney with you.  Since your place of employment did not offer for you to drug test, go get a hair and urine now. The hair test goes back 3 months to prove you have not been taking anything.   

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Specializes in Occupational Health.

Lawyer 

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Specializes in Stroke/Neuro/PCU/Medsurg.
Totheendandback said:

Please get a attorney that specializes in the BON.  The board is not your friend and they really do not care about us. Please do NOT ever meet with anyone from the board without your attorney with you.  Since your place of employment did not offer for you to drug test, go get a hair and urine now. The hair test goes back 3 months to prove you have not been taking anything.   

I would love to get a hair sample but I literally don't have enough hair and nails. I went thru this when I was in the voluntary monitoring program for the positive UA.. I have a bunch of extensions fused and had even more hair loss now post partum. They wouldnt take my hair bc of this and didn't even have nails long enough to test or enough body hair (which I offered nails, body hair, anything else) but there was no suspicion I was taking anything bc I had zero positive UAs and they did a blood test instead. 

Im happy to get a blood and urine test now, I should have thought of this right after they fired me but it only occured to me after the fact. Could get one now but would it change anything? I was fired in the middle of my leave in July and my last day of work was in June. I will search for lawyers though. I have a phone interview august 29th, whatever in the world that entails. I know I did nothing wrong and all my meds were scanned appropriately and accounted for. I even have daisy nominations from patients for being attentive to their pain. 

Im just at a loss and confused what exactly warrented this at my job where I was trusted and a mentor for new grads, I wish I knew exactly so I could prepare better, I feel I got no full explanation except "concern" regarding my sudden increase in anxiety, not as great performance and change in demeanor at work. 😞

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Specializes in Stroke/Neuro/PCU/Medsurg.

The biggest slap in the face was that management knew me, for years. I've worked there since 2020 with the same people, same management. It was like, "oh, youre struggling? you have a doctors note and documentation? oh well, you have been weird the last 6 weeks, goodbye". 

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letterstojuliet said:

I would love to get a hair sample but I literally don't have enough hair and nails. I went thru this when I was in the voluntary monitoring program for the positive UA.. I have a bunch of extensions fused and had even more hair loss now post partum. They wouldnt take my hair bc of this and didn't even have nails long enough to test or enough body hair (which I offered nails, body hair, anything else) but there was no suspicion I was taking anything bc I had zero positive UAs and they did a blood test instead. 

Im happy to get a blood and urine test now, I should have thought of this right after they fired me but it only occured to me after the fact. Could get one now but would it change anything? I was fired in the middle of my leave in July and my last day of work was in June. I will search for lawyers though. I have a phone interview august 29th, whatever in the world that entails. I know I did nothing wrong and all my meds were scanned appropriately and accounted for. I even have daisy nominations from patien ts for being attentive to their pain. 

Im just at a loss and confused what exactly warrented this at my job where I was trusted and a mentor for new grads, I wish I knew exactly so I could prepare better, I feel I got no full explanation except "concern" regarding my sudden increase in anxiety, not as great performance and change in demeanor at work. 😞

You need an inch and a half of hair  a pencil width. You Don't have this amount? You can use finger or toe nails. This happened in June? You can still do a hair or nail test  it's definitely too late for a blood or urine test at this point. 

Guess this is reason for anyone in health care to either have hair or nails to test to prove innocence 

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Specializes in med surg/tele, management, hospice, stroke RN.
Healer555 said:

You need an inch and a half of hair  a pencil width. You Don't have this amount? You can use finger or toe nails. This happened in June? You can still do a hair or nail test  it's definitely too late for a blood or urine test at this point. 

Guess this is reason for anyone in health care to either have hair or nails to test to prove innocence 

I don't have even that much. It was not me refusing to go, the last time I was sent, I was turned away since almost ALL that's left of my natural hair would be taken and I'm. Not willing to go bald for the rest of my life for this 

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Specializes in Critical Care.
oregonrnhere said:

I don't have even that much. It was not me refusing to go, the last time I was sent, I was turned away since almost ALL that's left of my natural hair would be taken and I'm. Not willing to go bald for the rest of my life for this 

They only take one small section of your hair at the top of your head.  Some places of employment require a hair sample not urine.  A small snippet, not all your hair.  I know this as Aurora Advocate does this by me and has for many years, and a coworker told me what they did when she worked there PT as an extra job.   Otherwise, some of your toenail for instance would be worth it to exonerate you as you said you need to work.

Sadly, this day and age you are treated as guilty till and if you are able to prove you are innocent.  The BON is not your friend.  They exist for the public safety.  I agree to get a lawyer but you will probably end up in a long multi-year monitoring program at your own expense, depending on your state.  The push now is for 5 years! 

Add to the profit motive to get and keep nurses in the monitoring program.  It is a very lucrative money train for that industry and they have an essential captive audience in my opinion and many are not there for diversion. 

You can get there for a mental health problem, a suicide attempt, a DUI and in Texas if anyone complains about you and refers you even your employer!  A pysch nurse in Texas was a victim of a violent attack by a patient and didn't recover quickly enough from her PTSD so her employer referred her to the monitoring program and she was forced into it!  She was here on Allnurses telling what happened to her.  So unfair and disgusting that they did this to her.  Now forced to pay for her own therapy and urine drug testing when it should be workers comp and had nothing to do with drugs or diversion!

As you found out twice now if you are giving out narcotics more than the average that is a red flag that will trigger an investigation and they can accuse you of diversion.  The fact that as a break nurse you found yourself giving more meds doesn't matter to them.  They only look at what the computer says and the averages.  Pharmacy gets a weekly report and probably monthly too and keeps a close tab on all the nurses.  What happened to you can be viewed as a cautionary tale for nurses going forward and I'm sure it will make nurses think twice about giving their patients narcotics sadly.   Documenting your narcotics given is not enough, you really have to be paranoid and not overzealous with giving out pain meds in this day and age.  Don't know where you worked because at the end of my career, Dr's rarely ordered narcotics for patients anymore.

Ironically the first nurse caught for diversion at my hospital was due to our new ADU that had the computer monitoring capacity and pharmacy realized she was taking out narcotics more than most nurses and also for other patients.  I don't remember how that happened if she was floated to other floors or acted as a float nurse.  But 20 plus years later she was in the news again this time for stealing her Dr's script pad and writing narcotics for patients and then picking them up at the local pharmacy for the patients and a Walgreens finally reported this and it made the news.  She had been working for a Dr's office then.

I would get a job as soon as you can as the BON takes time to move forward.  But they will decide if and when you can work once they finally contact you from what I've read. 

Don't know why you tested positive in the first place, whether it was a false positive or could it be from a herbal remedy or weight loss OTC?  A lot of the OTC stuff is not safe to take and may have controlled substances and you may only find out if and when you end up drug tested randomly or for a new job.  The FTC doesn't bother monitoring herbs and even meds they do a really lousy job as well.

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oregonrnhere said:

I don't have even that much. It was not me refusing to go, the last time I was sent, I was turned away since almost ALL that's left of my natural hair would be taken and I'm. Not willing to go bald for the rest of my life for this 

It's not going to make you bald. It's a pencil width. If it could easily save you? 

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