working while in diversion program

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Hello. Does anyone know if I am legally obligated to report a nurse who is working while in the peer program for diversion? I worked with this individual previously and am positive he still has a narcotic restriction (active license) and has not made his new employer aware of this. I have been informed that he could not find a job with his restriction and since his participation in the peer program is confidential, he hired into this facility without fully divulging this to management.

Specializes in LTC, MDS, Education.

Mind Your Own Business!

I believe it is every nurses business if they are working with a nurse who is being dishonest with their employer about being in the diversion program or about restrictions on his nursing practice imposed by the BRN. What is this "peer program"--is the nurse in the Nursing Diversion Program? If so, he is clearly non compliant and I would talk to him before anyone else. Regardless, though, he is still lying, and if he is an addict/alcoholic, he is not truly in recovery if he can be this deceitful. We have to think about the nurse and the patients. Both deserve honesty from those around him/her, in order to give him the opportunity to get into true recovery, which is the only way to save his/her job and have a decent life. There's no telling if he will accept our concerns graciously, but we can try empathetically, not with anger or contempt. I am in the Diversion Program and I wish my coworkers had been candid with me when they suspected I was under the influence. Especially my managers: like I said, there's no telling if I would have gotten into recovery sooner, but chances are I would have if they had told me sooner of their suspicions and said, which would have probably been true, that I would not lose my job if I got into the diversion program immediately.( And I in NO WAY am placing any blame on other people for my addiction). Instead, like most suffering from the disease, I was unable to get into recovery by myself and was to scared to fess up to my employers, so a lot of time passed during which my life and the safety of the patients was put in jeapardy. So I think this nurse has the right thinking, and is wise to seek advice from others, and I say try talking to the nurse first to give him the opportunity to do the right thing. Otherwise, he is at risk for activating his disease again. If he does not do the right thing, I don't think she is legally abliged to report him, but morally and ethically is another matter entirely. People need to be compassionate, not demeaning and hateful.

Monitoring agreements can be periodically amended. I would ask the nurse himself. Obviously, the two of you are quite close since you know that details of his confidential agreement.

i would definitely aks him first. my peer program has direct contact with my employer- both prior to employment & every 3 months- so i'm a little confused by this.

wow. train wreck waiting to happen! yikes. First thing i thought of yah mind your own business, and let the cards fall how they will on the fellow who isnt being honest about the terms and conditions of the his diversion program. Second thing I thought of is how the heck did he get hired without disclosing the terms and not reporting every 3 months? I'm thinking automatic revocation.

I'm here to tell you that it is tough tough tough to get a job with the narcotic restriction but I did it and made it through. regarding being honest and being in recovery, that works itself out by default. I've never heard of a "peer program" being confidential. One of the the reasons these programs exsist is to protect the public. My personal feelings on this is I would keep my side of the street clean and mind my own business, but definaltely report if you bear eye witness to this nurse diverting.

Hello,

First of all....it was and is not my intent to be malicious with this individual. I did approach him, stated my concerns and he informed me that he is in the diversion program, has a narcotic restriction and that he did accept this position without disclosing this to his employer. He had tried to find a position for over 8 months and could not get hired due to the narcotic restriction. So....he didn't mention a word of this during the application process. As far as the diversion/alterative to discipline...they do not know he is working. He simply told them he is still looking. He has 3 children, is a single father and it was either this or lose his house. I want to support him, I am not going to turn him in. It's a difficult spot to be in....

You really are in a pickle then! I can only imagine how hard this must be for him. Personally, I wouldn't intervene unless I suspected he was diverting. Being a tattle tale is NOT my thing, but neither is standing by while a good person kills himself.

I think that I am in the minority on this position. Most people are vicious and would be happy to rat him out in a :redbeathe. I would tell him that it is in his best interest to find something outside of nursing, even if that means public assistance, until he can find an employer that is willing to work with his restrictions.

If he gets caught, all bets are off and he'll never work as a nurse again. :crying2:

I have been in recovery in the California diversion program for 3 years. It has been a long road for me . Nurses with drug addiction are not monsters they are people who need help. I am a recovering addict and grateful to god my higher power for helping me through this

Nurse allianceCan you share more about diversion program since you are at tail end

Specializes in Impaired Nurse Advocate, CRNA, ER,.

usajay

Board of Registered Nursing - Diversion Program

I sent you a private message as well.

Jack

Specializes in CRNA, Finally retired.

If this person ever gets discovered he will lose his license PERMANENTLY. He is jeopardizing himself, his family and his employer.

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