legal question

[imnrn2]

I am an RN who has recently been discharged for diverting Dilaudid. I had already completed a 3 year monitoring program with Brd. of Nurs for diverting in 2000 and relapsed after 5 years of sobriety. Cannot believe the addiction would be so powerful that I would risk everything for a second time. My advise to anyone in recovery is to stay away from a work environment (ER'S) with easy access. My question is... My employer referred the matter to the Police and that is freaking me out. Has anyone ever been prosecuted for diversion? I know a lot of nurses in recovery and have never met one who has had to deal with the courts. The Brd of Nurs is bad enough. I don't want to face a felony charge. Anyone have experience with this?

[RN694]

Hi! I was caught diverting 3 years ago at my hospital. I believe due to the amount of narcotics I diverted, my case was forwarded to the police/courts. The short of the long story is this: I was the lucky recipient of a visit from my state's drug diversion team (State Police.) I went to court and was given one year of unsurpervised probation. After a year of good conduct, my record was cleared. I had to hire a lawyer, had 3 court appearances and lots of humiliation. Lesson learned. I retained my job through the grace of God I guess after 6 months leave to get my **** straightened out and get into recovery and into my state's 5 year recovery program for nurses and have been clean for 3 years. Hang in there. If you are working a recovery program and doing the right thing, I have learned that Judge's and courts are willing to work with you. Trust me, the courts have a lot more badness to chase after than a sick nurse.

I have found that the nurses who get royally screwed in the courts are those who forged prescriptions or worked for state hospitals, etc.........as you are now in Federal territory and they prosecute to the fullest extent of the law.

The only way I found out I was even reported to the police was when 2 months after I was caught they showed up at my door one day. I was very honest with them, and I found out later that went a long way with them. They recommended to the court that I get the year of unsupervised probation. I technically could have gotten jail time. I had to pay something like $16.00 a month for a year to the state.

Take a deep breath. Again, I think it was because of the huge quantity of drugs I took that my case went as far. I too do not know of many nurses who get pulled into court. Matter of fact, in my professional nursing support group, which is a large group, I think only 2 of us got to meet a judge. Take care of yourself, and good luck.........better days are already here for you if you've found recovery. Maryann

[maloned]

Hi! I was arrested in 1999 in NC. I had been calling in RX for a year. I self-reported and was in treatment when I got arrested. I could have had 12 felony counts but it was reduced to 2. I got deferred prosecution and probation for 1 year. After 1 year proven sobriety, everything was dismissed and I got it expunged from my record. I used the public defender during all this as I had no money for a lawyer. Hope this helps. Hang in there, it gets better! Deb

[Penny65]

I completely agree with the earlier post regarding state, or in my case federal, hospitals prosecuting. I was diverting and the facility decided to turn my case over to federal investigators. I had federal agents show up at my door to search my house, my car and eventually, my self (strip-search!). I went along with it because I knew I had nothing on me, and felt my cooperation would be looked at favorably. It made no difference. While my hospital administration felt empathy towards me, they still felt a need to use me as an example to any future (or still not-caught) diverters. I wish I had consulted with an attorney sooner, although I was still able to avoid prosecution. My treatment records, and recovery efforts (documented AA/NA, etc) helped me to avoid prison when my preliminary hearing arrived months later. I have heard it is very rare for a non-fed/state facility to pursue charges. I have 8 other recovering nurses in my support group, who all diverted, and none ever had to speak to law enforcement. The only time I saw others treated as me was when they forged rx in those facilities. You may want to consult with an attorney before speaking with any official on this, if it does come to that.

[startinovr2]

I know this is a reply to an old post but I thought I just needed to share my encounter with unmanageability. I was caught diverting in a nice catholic hospital. dilaudud .After being confronted by NM and told I wanted to ask for help which I did... and then fully admitted everything. there help I was then arrested from work!!!! so began my trouble with the law.that was 3 months ago and I am still waiting to go to court, keeps getting postponed. However there is some light I hope Looks like if my lawyer can keep making grounds with the prosecutor I will be dismissed. But yes Nurses still get arreseted for our "disease" I have finished IOP ,90/90, and in my states Nurse Monitering Program and do not know the long term effects yet, but the short term ... no income disqualified for unemployment, disability and even food stamps.. no druggies, the last of my savings is gone and do not know how I am going to make the rent...but hey I am clean. My Monitoring person told me I can start to request reinstatement from the BON , I surrendered license,. its only been three months so we shall see....

Startinovr2

[jean1]

Hi everyone, I just went to court yesterday. pled no contest to att. to obt.controlled sub. by fruad. I have been in FL IPN since 7-06 after completing 4 months of out patient tx. I had letters from my sponsor, IPN facilitator, past employer & documented clean urines for 12 months. This prosecutor would not budge. It was take the plea or go to trial & face 3-5 yrs. in prison. ( i would have lost...33 counts was reported to the BON. ) They reinstated my license after appearing before them twice & IPN compliant. I am under unsupervised probation also . Have to report in once a month. the judge waived all my court costs & probation fees. Ican ask for early dismissal after 9 months with no violations . I'm not sure what to do at this point. My license is active however the felony arrest will show up until I can get this expunged. Should I even bother to apply for a nursing position & explain my arrest was due to addiction & am in IPN.