need help

[MNIOCC]

I have a potential problem with the Massachusetts BONR that has to do with misappropriation. I was recently caring for a dying patient who came up to me one day with whom I though was his daughter and gave me an envelope which I put in my pocket and forgot about until some 5 days later when he died and I was reminded of it. I found a 500 dollar check in it with the memo "true friend" from the patient. I saw 2 names on the check and thought the family knew I had the check. I wanted to do something special for this guy as we had a very strong bonding and he was a veteran so I decided to make a donation to the local VFW once the family had cleared his business. I cashed the check and was going to wait approx 90 days for his affairs to get settled and make the donation on memorial day. Well this is when it got messy. The family's daughter called and said that she wanted the money back, my administrator met with me and I told him the truth about what happened and my intentions. I got a 500 dollar check for the family with a letter of explanation and humble apology and also went to the VFW and made the 500 dollar memorial donation as I had planned. I was determined to make the donation and though that this whole thing would go away as the misunderstanding was cleared up and not only did I pay back the money but also made the donation.Well it has to be reported to the state DPH so they come down, ask me some questions and tell me that I could be in violation of misappropriation of funds!! They also tell me that I could be investigated by the Attorney General for possible prosecution and that the DPH's final decision will be passed onto the Mass Board of Nursing Registration for possible Disciplinary action. WOW, I am so confused and distraught that I can barely sleep at night from the worry. Oh and I lost my job also. All this because I cashed a check and once I saw their was aproblem I immediately corrected it. My administrator is backing me 100% and said if I get called before the board he will testify for me. I don't know what will come of this as some people have told me that once the board reviews the situation they will probably do nothing and that there is no way that I will loose my license because this is more a misunderstanding and misjudgement than a misappropriation.Any help or insight would be greatly appreciated. thanx,mniocc

[Shelly Levitt]

An allegation is an allegation. Every complaint has to be
investigated. Saying you "could be" is not a very definate statement. Usually things that involve money have a dollar amount as to the severity of the issue. You appeared to have redeemed yourself when you paid the money back. Like at this point you dont owe anyone anything. I assume the pt. had your name on the check. Not like you stole it. In some cases a thing like this might be viewed as a violation of a company policy to be accepting any type of gratuity from a pt. or a family member. I dont think it is against the law unless the person was not of sound mind or able to make their own decision. I have a feeling it will be all cleared up. Pls. let me know.

[MNIOCC]

Thank you for the support, I hope you are right. I tried to e mail you but it came back.Is this your correct email? Again thank you sooo much..

[Shelly Levitt]

My email address is Destinystar1204@aol.com

[Leree Beenken]

As a nurse, not an attorney here, I think I would first try to inquire and establish if there was a nursing standard of practice that I violated. If so, then I may need to hire an attorney to represent me to the Nursing Board should it come to that. As a nurse, I have never received gifts from patients, so I do not know if this is a violation.

If someone is a Veteran, and you donate the entire funds to the full representation of what that person stood for, none was kept for personal use, how can this be misappropriation? You honored the person, the profession, the country ... I'm personally touched by how you honored this Veteran.

[MNIOCC]

Well the good news is the report came back from the state as invalid for misappropriation!! The state still ref this to the board but I would think that I'm out of the danger zone as the complaint was invalid. I think because I cashed the check and deposited it into my own account and was waiting for the family to settle his affairs was the reason they ref it to the board but once I saw there was a problem I addressed it right away by not only paying back the family with $500.00 and also making the $500.00 donation to the vets. They may have though that I was going to keep the money but I tried to dismiss that theory by making the donation which was my intent all along!! I have been told by a few people that the board will see that the complaint was settled and invalid for misappropriation and not waste their time with it. They have too many complaints that are valid to investigate without wasting time on this one which is not. It's been 3 weeks now since the state ref this to the board and I have not heard a thing. I checked my lic several times and I'm clean, it states no disciplinary action when I check it on the web.I have also been told that I would have definitely heard from them by now if there was going to be a problem. Anyone with any thoughts on this would greatly be appreciated. Do you think I'm in the clear?? thanks, mniocc

[Shelly Levitt]

I am happy to hear about your favorable outcome.

[MNIOCC]

Well the BONR has filed a complaint against my license for the above described incident. I am very depressed about this, any thoughts????

[rubensssss]

I thoutgh that before getting into the BNE, will take like 6 month approx to get a letter from them?