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Discussion

Settlement and final order

To make a long story short, my previous employer accused me of stealing dilaudid, which i did not do. There were some issues with documenting pain scores, administering a dose of dilaudid to someone on a PCA (It was ordered and other nurses had done it as well), and forgetting to waste one time. There was not enough evidence to charge me with diversion so BON came up with 3 charges related to the documentation and pain medicine administration and wasting. My question is, whether or not I decide to agree to the settlement, will my current employer keep me around with a punishment from the board on my record? Does anyone have experience with this? I have worked at this hospital since September and NEED to keep my job to support my family. If there is any possibility of getting these charges dropped, I may tell my attorney I want to go for it because i don't want this black mark on my record. I feel like I am being made an example of and it is not fair. I didn't do anything that almost every other nurse on my floor did too. Any advice is appreciated.

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I don't know if this helps but my case manager has said that in my state (Illinois) some hospitals will keep the nurse and some won't. She did say that once the mark is there getting a NEW *hospital* job is impossible (in my state). It may be different in other states.

My question is if you agree to the settlement, how much time would you have before the mark is there? Do you have enough time to get a second per diem or part time job somewhere else just to get your foot in the door to increase your chances at least one of the jobs will keep you? I don't know... if it takes a month or longer to actually publish the mark you might have enough time.

  • Author

There is already a discipline document posted and I haven't agreed to anything yet. So, it is public at this point.

  • Author

Are there places that are more accepting of nurses with marks on their record? I am just so worried about never finding a job again.

Hopefully your hospital job will keep you. I have heard that at least around here, home heath is more forgiving. I know someone who was on probation for taking drugs and she was able to get 2 different home health jobs even while on probation. Her mark was really detailed about what happened too.

  • Author

Any ideas on how to bring it up to current employer?

I would just try to be positive about how you learned from your mistakes with documentation and emphasize that there was not an issue with diverting narcotics. Sorry this has happened. What does your lawyer say about if you should le accept it or not?

  • Author

I haven't talked with her yet. I meet with her Monday. I guess I'm also curious if you are guilty of what they are charging me with, but it is nothing you wouldn't see in almost every nurses charting, have you ever heard of the BON giving out warnings or dropping charges? I know it's unlikely, but one can hope.

I've seen or heard of a public reprimand for really really stupid things... like missing CEU's for one nurse and for another it was saying something mean to a coworker. You would think a warning would be sufficient for those but apparently not.

Just see what your lawyer says on Monday.

I actually did take drugs from my old employer and enrolled in my state's alternative to discipline program. Sometimes these programs will also monitor for mental health and stress... but it could be better than having a public mark even if you don't have a problem. It may be too late to sign up for this and or your state might not even have such a program but just throwing it out there because that's what I have experience in. Depending on the state sometimes the terms and conditions or potential work restrictions may or may not be compatible with your current job, just to warn you. Sorry this has happened to you.

  • Expert
I haven't talked with her yet. I meet with her Monday. I guess I'm also curious if you are guilty of what they are charging me with, but it is nothing you wouldn't see in almost every nurses charting, have you ever heard of the BON giving out warnings or dropping charges? I know it's unlikely, but one can hope.

The Board can certainly decide that there isn't anything worth pursuing and let the matter drop. Or they can give a formal reprimand. They have an array of options depending on the results of their investigation. A previous employer can't just ruin your career because they're mad at you. You should also be careful not to cop to anything you didn't do.

Good luck!

Dialysis, ltc/SNF

Best wishes

  • Author

So they've already decided not to drop the matter. Unfortunately I think they believe I was diverting, but cannot prove it, so they will punish me for charting mistakes and not wasting one time. Right now their settlement offer is 75 hours education and a 300 dollar fine. Does anyone know if your punishment is something like that, is it the same as a punishment if suspension/probation? Like are all punishments seen as equally bad by future employers?

All states have slightly different nurse practice acts... but generally punishments are: public reprimand... which can include things like a fine and CEU's... I believe that is what you have been offered. The CEU's and fine aren't a big deal... but having that show up on your license is because that makes getting a job much harder. It's the lowest form of discipline but it is still discipline. Next is probation... which also is public on your license and this will involve a few years worth of requirements, usually random drug tests, 12 step meetings, quarterly reports from your manager, etc. The terms can vary depending on the state and depending on what the offense was. Almost always there are Work restrictions... like no home health, no night shifts, no overtime, no working with narcotics, etc. Suspension means you cannot work as a nurse while on suspension. Usually when it is over you start on probation. These are all public on your license and never goes away. I would imagine you have a better chance of your current job keeping you on with a public reprimand vs probation, since probation is worse and usually involves a lot of work restrictions. A public reprimand doesn't involve work restrictions (that i have seen). There is no guarantee that they would keep you on, even with just the reprimand. I do think that helps if you have been there over 90 days. Getting a new job would be easier with just a public reprimand than being on probation but it is still a public mark and would still make job hunting difficult.

Now, many states have an alternative to discipline for addicts or people needing mental health monitoring but they are all different in the requirements. Unfortunately I have not heard of any alternative to discipline for simple charting errors, which isn't fair. But many will include people who aren't addicts but have a need for mental health monitoring/stress or whatever. In my state someone in your situation would have gotten off easier by admitting to taking the dilaudid and signing up for the alternative to discipline program, which again isn't fair. (You would have had to sign up right away to qualify in my state but they are all different in what they require). All the states handle these programs differently and some states have requirements that are difficult... like a lot of work restrictions and expenses. Usually the payoff is no mark on your license though.

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