Suspended from work for an investigation,can i resign and take another, will i look guilty

gengen54 · Jul 11, 2017

Florida has a very strict "open meetings" law. The meetings before the Boards of Nursing and Medicine, for example, are open to the public. I just read the minutes of the last full board of medicine meeting regarding physician and PA disciplinary actions. The fines imposed ranged from $1,000 to $8,000 for some of the infractions. (Nursing fines range from $500 to about $2500, usually.)

Just like with nursing, somebody has to report. I have had more than one physician angry with me over the 30+ years I have been a nurse, and more than one has said "I'll have your license!" My response: "I'll have yours first!" Why? Because it takes quite a bit to lose a license. You can report all you want, but it is the track record that will hang someone. That is why things have to be reported.

If you see a physician practicing unsafely, report it to the Board of Medicine yourself. The reports are often anonymous. Let them document their investigation and decide if the incident warrants action. If there are multiple reports about the same person, the BOM will take action, even if they seem minor. (Example: One physician was disciplined for failing to maintain legible records. Bad handwriting will sink them, too.)

I have seen what happens when no one reports a nurse who we thought was unsafe. The hospital suspected she was stealing drugs and had a great deal of evidence. They gave her the option of a treatment program or termination. Her response: "You didn't catch me red-handed." True, they didn't. She quit, went down the street to another hospital and was hired. They caught her red-handed within two weeks. She had been working for our hospital for years and all the talk among the nurses never went anywhere. Had anyone reported the suspicions earlier, she would have been stopped sooner.

Boomer MS, RN · Jul 11, 2017

Boomer MS, RN, BSN, MSN:
The first Board of Nursing meeting I attended was in 1999. Another instructor and I sat through eight hours of disciplinary hearings with our students (we used this as a clinical day). I was floored to hear people being brought before the BON for medication errors like this one. Each one received a fine and was required to complete courses in medication administration, documentation, and ethics. The same thing occurred at every meeting I have attended in the years since.
I never said the incident SHOULD be reported. I said it is reportable. If someone fails to chart a medication, even though it was clearly administered, that is a documentation error. If someone disposes of a scheduled drug without a witness, that falls under documentation and ethics.
You are welcome to check with your own BON. Anything that violates the Nurse Practice Act is reportable. It does not matter how minor we may think it is. The BON gives the nurse the opportunity to attend the meeting and explain what happened. If it occurred because of a system problem, the nurse has nothing to worry about. Just show them the evidence. By the time the matter reaches the full board for hearing, it has already been investigated and the nurse has been contacted and interviewed. This is not an ambush.
As I stated before, this very well could be reported to the BON. It is not "draconian"; it is a matter of the law and the BON rules. Neither of those is secret. They are public record. Look them up. That is why we required students to attend the meetings - so they would know how the process works and what types of incidents could land them in front of the BON.
You may disagree with reporting, but I said I understand WHY it is reported. At the very first meeting I attended, my colleague and I looked at each other and said "Who reports this stuff?" We viewed some of the errors as everyday "stuff happens" kind of incidents. No big deal. However, it is a safeguard. If the same person shows up more than once with problems, it is a red flag that this may be an unsafe practitioner. And we have all worked with people we can't believe still have a license. Admit it.

Please reread my prior post. I did not say it was "draconian" to report to the BON. I felt it was draconian to fire her if this was her first offense. From the original post, I cannot say for sure if it should be reported because I do not have all the facts. All any of us have here is the information posted. In CA it could be reported by someone who had all the facts, which I do not.

Eileen68RN · Jul 12, 2017

If your current job suspects you of diversion they can report you to the board of nursing who will do an investigation where ever you are working. If your drug screen is negative then you may only get a warning or discipline regarding this but otherwise you may have further consequences.

Nick2you · Jul 13, 2017

Everyone wants brownie points with management, so they are quick to throw others under the bus.

kbrn2002, ADN, RN · Jul 13, 2017

Maybe not the most popular advice but honestly, I would accept the new job and not mention anything about this. You've been offered the job so they don't have any reason to contact your now former employer. And yes, after a week you can probably safely assume you won't go back, plus why would you want to even if you can?

I don't see accusations of diversion going very far. The meds in question were found so where's the diversion? Mishandling of meds, maybe falsifying the narcotic register if they push the issue since you signed meds as destroyed that weren't but not diversion.

3ringnursing, BSN · Jul 14, 2017

I understand the no income dilemma, but unfortunately you have to wait it out where you are and make things "right" (by dealing with whatever that is coming down the pike head on). You have no alternative - trust me as someone who has been in your situation 23 years ago (I however was guilty - I did not admit guilt until I had no other choice).

I agree an experienced lawyer is a must - be honest. He/she is your friend.

Do you even have the results of your UDS yet?

If you go elsewhere now before things are squared away you risk making a much bigger fiasco out of the current situation. Imagine moving to another state, starting somewhere else then eventually having to explain the situation to an employer who barely knows you? Maybe having no choice but to a diversion program for 2 states at once with different parameters in order to be able to keep working? Oy! The headaches! You think you're stressed now? Add that to the equation.

Your employer's silence is probably due to trying to decide what to do about the situation based on your UDS, the timeliness of your sample submission, your past work history, and thoughts about your behavior recently from coworkers and charge nurses. They may even be combing your charting for other discrepancies before they make a decision.

They may not fire you - I wasn't even reported until I quit after a clean UDS, then began looking for another job. They wanted to keep me, with the provision they would randomly request a UDS. I should have accepted their offer - but righteous indignation and all that. I needed help, so I'm not complaining now ...

I bet you'd get some information from HR. Give them a call. Even a little information is better than none at all.

I am telling you this for your own good my friend: DO NOT QUIT! You need to sit tight and wait out the silence. You will look guilty to others by leaving.

You have no choice to stay for now - you will make things so much worse leaving now and moving on. Please believe that.

Though if you really are innocent, I recommend staying only the minimum amount of time before you ease on down the road once the hoopla dies down.

In the off chance you really do need help (not saying you are lying or anything, but it happens to even really good people - no shame in that) now is your chance to get it - especially if the meds were found on your person, or personal belongings. You accept a diversion option, take your medicine, and get better. You would not be the first, or last - and I will cheer you on every step of the way.

Sour Lemon · Jul 14, 2017

I understand the no income dilemma, but unfortunately you have to wait it out where you are and make things "right" (by dealing with whatever that is coming down the pike head on). You have no alternative - trust me as someone who has been in your situation 23 years ago (I however was guilty - I did not admit guilt until I had no other choice).
I agree an experienced lawyer is a must - be honest. He/she is your friend.
Do you even have the results of your UDS yet?
If you go elsewhere now before things are squared away you risk making a much bigger fiasco out of the current situation. Imagine moving to another state, starting somewhere else then eventually having to explain the situation to an employer who barely knows you? Maybe having no choice but to a diversion program for 2 states at once with different parameters in order to be able to keep working? Oy! The headaches! You think you're stressed now? Add that to the equation.
Your employer's silence is probably due to trying to decide what to do about the situation based on your UDS, the timeliness of your sample submission, your past work history, and thoughts about your behavior recently from coworkers and charge nurses. They may even be combing your charting for other discrepancies before they make a decision.
They may not fire you - I wasn't even reported until I quit after a clean UDS, then began looking for another job. They wanted to keep me, with the provision they would randomly request a UDS. I should have accepted their offer - but righteous indignation and all that. I needed help, so I'm not complaining now ...
I bet you'd get some information from HR. Give them a call. Even a little information is better than none at all.
I am telling you this for your own good my friend: DO NOT QUIT! You need to sit tight and wait out the silence. You will look guilty to others by leaving.
You have no choice to stay for now - you will make things so much worse leaving now and moving on. Please believe that.
Though if you really are innocent, I recommend staying only the minimum amount of time before you ease on down the road once the hoopla dies down.
In the off chance you really do need help (not saying you are lying or anything, but it happens to even really good people - no shame in that) now is your chance to get it - especially if the meds were found on your person, or personal belongings. You accept a diversion option, take your medicine, and get better. You would not be the first, or last - and I will cheer you on every step of the way.

She's already been fired (in post #24).

3ringnursing, BSN · Jul 14, 2017

Okay, caught up ... now that you have been unfairly terminated my next move would be to discretely check your status on your SBON website. And that lawyer if you haven't gotten one yet. Maybe discuss what a wrongful termination suit entails. If nothing else to protect your reputation.

With that type of risk doing bedside care nowadays I'm surprised anyone wants to stick their neck out any more.

Sorry for this happening to you. It's one thing if you really are suspicious and diverting, and entirely another if you make a genuine mistake. Has no one in your former facility ever made a mistake?

JKL33 · Jul 14, 2017

With that type of risk doing bedside care nowadays I'm surprised anyone wants to stick their neck out any more.

Exactly.

oneof5 · Jul 16, 2017

I was recently falsely accused of nurse diversion because of computer screw ups. The computer system was glitchy every single day, multiple problems. I have been a nurse for 17 years and never had issues with wastage, never questioned. I have ALWAYS been diligent about wasting narcotics, never leave them lying around, diligent about charting. Started traveling and went a this one hospital where I was told for 10 weeks, "We have a huge nurse diversion problem here", I got pulled in to HR and accused of drug diversion. It was stated that I pulled drugs on patients when the narcotic was never ordered, however, when I scanned the med, it let me chart it. I was told that my wastage didn't match my charting. So many red flags with this hospital on their accusations. My defense was it was their computer system because if it wasn't ordered, it wouldn't have proceeded with the documentation, it would have told me that it wasn't on the patients profile, they accused me of overriding the system, which I didn't know how to do. I was the only one drug tested, which it was negative so now the board is accusing me of stealing narcotics to resale. So YOU ARE guilty in the eyes of the Board AND if you are lucky, you will get away with a fine. Why do you think they try SO HARD to find you guilty. MONEY!!!!! If I come out of this, still with my license....I have NO DESIRE to continue in patient care. I don't want to pull ANOTHER narcotic for anybody. I have poured my heart and soul into this career, missed many things for my kids while they were little. Missed many things with my family, mainly 17 years. I discourage ANYONE from going into nursing!

moorefun01 · Jul 16, 2017

Sorry this happened to you get a lawyer soon as possible.

Kooky Korky, BSN, RN · Jul 16, 2017

Lying onapplication will guarantee you getting fired by the new job. Until the BON rules, you don't even know if you still havea valid license. If you work, you can be penalyzed for practicing without a license. I really think you need a lawyer

The BON isn't involved at this point. Unless I missed that by not reading all of the responses yet.