Terminated for suspected diversion, PNAP now involved

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Hey everyone,

I was recently terminated from my bedside RN position in November for being suspected of narcotic diversion due to my improper documentation. The day I was questioned, they asked me to empty my pockets and along with a few other morning meds for one of my patients, they found a 5mg Oxy. I told them it was the patients morning meds, I just have not given them yet. I immediately gave a urine and blood sample that was NEGATIVE for any substances. They conducted an "investigation" that lead them to believe I was diverting. I hired an attorney, and he recommended that I self report exactly what happened to the BON to get ahead of it because it looked bad. I  Fast forward to now, I just received a letter from the state board which says they want me to voluntarily undergo a mental health evaluation to see if I have a mental health diagnosis and if so, will qualify me to enter their Voluntary Recovery Program. 

I am not sure what to do because since I had a negative drug test, no solid proof of me diverting, and no legal charges, would undergoing an assessment be the correct thing to do? Or would I benefit from declining? I have heard horror stories on here about these programs. I take Effexor and have been for a few years for mild anxiety, and have heard that even if they see you take medications of this nature, that will "qualify" you to do this program. I am trying to PNAP at all costs. 

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Specializes in RETIRED Cath Lab/Cardiology/Radiology.

Moved to Nurses Recovery, not to label but to encourage responses from people who have dealt with similar situations and involved entities.  Hopefully your attorney can direct you in answering the questions you raise.

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Why would you ever leave a controlled substance in your pocket? 

That was your 1st mistake but I get it, we all make mistakes. 

If you're innocent, I would not go through with the program and self report. Not sure why your lawyer wants you to do that??? If they haven't pressed any charges, you should be fine. 

Remember, they have to prove and have proof that you diverted. Is your lawyer a criminal lawyer? That's who you should be talking to. 

I would stop talking to anybody who isn't your lawyer and end all communication with the board. They are NOT your friend. 

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Specializes in tele, ICU, CVICU.

just curious how your 'case' is coming along?  any further developments with the BON or criminal charges for diversion? 

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

Your lawyer response to this situation is concerning. The lawyer you choose should be experienced with the board of nursing. This should be your attorneys specialty. Choose a attorney that has a history of dealing with healthcare professionals. If a attorney that you hired said for you to write a letter to the board, I recommend asking for your retainer fee back and find a different one immediately.  If you hire a experienced attorney they will be the person writing your letter and dealing with all communication with the board. I am very sorry you are dealing with this. This is a extremely serious matter. Please do not talk to the board of nursing without a attorney. Also, do not talk to anyone especially previous coworkers about this situation. 

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neuronurse2023 said:

Hey everyone,

I was recently terminated from my bedside RN position in November for being suspected of narcotic diversion due to my improper documentation. The day I was questioned, they asked me to empty my pockets and along with a few other morning meds for one of my patients, they found a 5mg Oxy. I told them it was the patients morning meds, I just have not given them yet. I immediately gave a urine and blood sample that was NEGATIVE for any substances. They conducted an "investigation" that lead them to believe I was diverting. I hired an attorney, and he recommended that I self report exactly what happened to the BON to get ahead of it because it looked bad. I  Fast forward to now, I just received a letter from the state board which says they want me to voluntarily undergo a mental health evaluation to see if I have a mental health diagnosis and if so, will qualify me to enter their Voluntary Recovery Program. 

I am not sure what to do because since I had a negative drug test, no solid proof of me diverting, and no legal charges, would undergoing an assessment be the correct thing to do? Or would I benefit from declining? I have heard horror stories on here about these programs. I take Effexor and have been for a few years for mild anxiety, and have heard that even if they see you take medications of this nature, that will "qualify" you to do this program. I am trying to PNAP at all costs. 

any updates. I am in a similar situation but it was with wasting they didn't catch me with the meds and I put waste later because my co workers told me to. by the end of the shift they were gone and I couldn't waste ??

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Once the Board learns you have a lawyer all communication is ceased with you and they can only communicate with that said Lawyer and are no longer aloud to speak with you. I agree with one of the above comments your Lawyer should be the only one submitting any documentation to the the Board and if they have dealt with the Board or any Boards in the past they should and would know this. 

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Specializes in nursing ethics.

Strange story to me

There is more to this than the OP says I think. Is this the first time happened?

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dianah said:

Moved to Nurses Recovery, not to label but to encourage responses from people who have dealt with similar situations and involved entities.  Hopefully your attorney can direct you in answering the questions you raise.

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LPN 85 trust me through my 19 year career I would go to the Pyxis pull my patients meds out narcotics controlled substances if any at all and walk out of the med room with the small med cups or just straight in my hand to administer to a patient and than oh wait the doctor you have been waiting for all morning day shows up or that phone call return finally happens or that family members who may or may not be upset wants to talk to you So you address those issues as professionally as you can if scheduled you have a time frame to give now if PRN and asked by patient you address to appease those ones you were waiting on and move on as fast as you can to administer that PRN med and yes in the mean time I have put that class of medication in my pocket with no other intentions.

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Specializes in oncology.
KKRN123 said:

in the mean time I have put that class of medication in my pocket with no other intentions.

Never in my pocket. Kept it in the medcup with my hand covering it. 

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Not sure what your experience is???? But my experience is and was on a fast paced acute somewhat observation unit where my 6-7 patient load turned over very fast so basically you had to be able to multi task more than likely triple task would take care of up to 12 patients if not more in a 12 hr shift (admitting, admission orders, following out the admission orders, all consults, coordinating their test, labs unless I had to draw them due to a central line, coordinating with pharmacy in case their were interactions with drugs or allergies  and speak or try to be the middle person or coordinator should say between the doctor and ancillary staff)  kinda as if you were working in the Er not as high acuity but more than 2-3 patients so if your able to manage walking out every time with your hand covering the med cup that you just filled kudos to you and keep up with a high intense sometime extremely demanding assignment hands down to you, like said if you worked in the types of environments I have in nursing you would never make that comment but yet would understand. 

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