What are the chances.....

pollyanna83 · Mar 21, 2009

Please report yourself and read the "my friend got fired thread"and you will see that you will probably be reported by someone at your previous employer. Do yourself a favor and report yourself and have the advantage of looking contrite and willing to cooperate. If this is a 1st offence they will be more lenient if you self report.

AmyRN1227 · Mar 21, 2009

Oh yes, I plan to self report, that's not really the question I have. I'm getting all these questions from others like my therapist and family if I will be actually prosecuted and have charges brought against me. I didn't know if I went through the whole self reporting and monitoring for however many years that would take the place of that. I haven't heard of many nurses actually being seperately prosecuted for diverting, but you never know.

Thanks for your reply!

pollyanna83 · Mar 21, 2009

My friends waiting for the same answer. Frankly I've been looking at her BON discipline meeting reports and they are just now dealing with stuff from 2004 to 2007. At this rate she will already be finished with NP degree and practicing before they ever adjudicate her case. In my friends case she self reported her diverting to her NM and was never "caught" diverting by the employer but was still fired for having admitted diverting. Without a dirty drug test or any witnesses to diverting it would be difficult to criminally prosecute and her confession is not admissable in a court. If they were going to report you to the DEA they would have already done that by now. Just make a full written confession to the BON investigator and keep up your personal recovery and live your life until they decide what hoops you'll have to jump through. Good Luck and God's speed.

tiak41 · Mar 21, 2009

I hate to tell you this but this happened to me, I diverted from work in May in 2004 and I was arrested in Nov 2005 after I had successfully completed a 1 yr recovery agreement with the nurse recovery, I thought that chapter of my life was behind me. unfortunately, I learned that criminal acts such as diverting have expiration time to charge you with a crime. The hardest thing for me is I lost my job this past august because they ran my background check and it showed a felony theft conviction even though it was knocked down to a misdeamnor, I have the disposition papers and I have no money to get an attorney and no job.....Im glad Im sober and drug free but I feel like I lost my career:( Good luck

pollyanna83 · Mar 21, 2009

Were you caught diverting Tiak or did you just come forward and admit to diverting? There seems to be greater repercussions from getting caught diverting than admitting diverting. I'm not sure what the reasoning is but I do know that the DEA needs physical evidence or witnesses to pursue. That has to do with the constitutional nature of compelling a person to testify againest themselves. In addition a written confession without Maranda and not written in the presence of law enforcement is worthless. The BON will take action but the DEA is actually out to get those that steal in order to sell and distribute. I'm curious if Amy was caught in the act of diverting and in was in possession of drugs at her place of employment.

Magsulfate, BSN, RN · Mar 22, 2009

It sounds like your employer is referring you to the state BON, they probably won't report you to the police. They could, but they probably won't.

tiak41 · Mar 22, 2009

Actually pollyanna, I did not self referral. I was interviewed because of a pyxis activity, I did not take a drug test on the spot, denied taking the meds and did take a drug test 2 days later but since I recieved a letter from the attorney generals office I decided that entering into the program was best for me and my career..if I knew then what i new now, I would have taken my chances and went to trial because I feel like I went through the expense and jumped through the hoops for nothing....Im glad Im sober but I cant tell you how much it hurts that I cant get a job because no one can trust me with a theft conviction on my record. nurses are not supposed to steal no matter the reason and now I have to deal with my decision....

ERRN92 · Mar 22, 2009

I have attended nurse support groups 1xwk for 2yrs and met alot of nurses in recovery. From what Ive heard (including my case), it isnt very likely that your employee will press charges. Being reported to the state board is punishment enough. When I was fired for diverting, I went and talked to my boss' boss. She said they werent interesting in sending me to jail, they just wanted me to get some help for my problem. It might be worth your ease of mind to talk to someone from the hospital (manager/supervisor) and just ask them if they will be pressing charges (in a non threatening, nondefensive attitusde). There is a statute of limitations (time period in which they can file charges). I looked it up when I got into trouble. Im from TN and it is 3yrs. If for some reason you do have to go to court: and it is your first time to be in trouble - talk to your lawyer about getting an expongement. It is a program where - once your through with your parole, they will erase it from your record. But, you have to ask for it on your first court day. It will be as if it never happened.