Getting out of Diversion

[TNTRN in Deep Doo Doo]

I have a question. I self-referred to diversion in Jan. 2009 and heard from a nurse in my support group that you can withdraw without repercussions as long as there was not a complaint filed against you. If I left in "good standing" in other words, no dirty urine tests or other non-compliance issues, can I just quit and resume working? I checked the Calif BON website and my license is listed as "active" without any actions against me. I really don't see the point of staying in diversion if my license is not at risk and the hospital I was working at never reported me.

[hppygr8ful]

I have a question. I self-referred to diversion in Jan. 2009 and heard from a nurse in my support group that you can withdraw without repercussions as long as there was not a complaint filed against you. If I left in "good standing" in other words, no dirty urine tests or other non-compliance issues, can I just quit and resume working? I checked the Calif BON website and my license is listed as "active" without any actions against me. I really don't see the point of staying in diversion if my license is not at risk and the hospital I was working at never reported me.

It's kind of a loaded question. Having been through the diversion ropes in California I'd have to say to weigh your decision carefully. I firmly believe that I would most likely be dead today if I had not gone into and then stuck with the diversion program. I had no charges against my license and wanted to drop out more times than I could count, but I just kept suiting up and showing up. Finally it was done and y license is free and clear and life is good, I have a job ove in an area of nursing I would have never even thought to explore before diversion.

If there are no criminal charges against you personally and no charges against your license then it's really up to you though you can't just walk away. You have to let your diversion DEC know what you are planning and then they review your case and if they find there's no reason for them to place a complaint against your license then you are out. However, there will still be a record with the board that you were in diversion and if you slip back into your disesase and are caught - the consequences are dire (revocation, probation, etc ...)

I would suggest you think long and hard about why you want to quit. If you are working a program of recovery talk with your sponsor and pray to your higher power. The answer will come if your spiritual house is in order. If however you want to quit because of the BS they put you through I would say stick with it. It will help you learn humility and how to deal with those things you truely have no power to change and will build up your spiritual house and make you no only a better sober person but also a better nurse. I know with this economy it's hard not to work but if I read the dates on your posts correctly you should be about ready to be released to go back to work. IF you are in the Southern CA area (San Gabriel Valley or San Bernardino) contact me here. I may be able to refer you to an extremely diversion friendly work place.......

God luck with whatever you decide!

Peace and Namaste

Hppygr8ful

[TNTRN in Deep Doo Doo]

Thank you for your thoughtful reply. One of my issues with diversion is that I self referred in Jan. 2009, but they did not start my "clean time" till I completed in-patient rehab and had a negative drug test, mid March! I lost 3 months although I had been clean the whole time. On the BRN website it said:
"if a DEC determines that you are a threat to yourself or others at the time of termination, they will advise the BRN, who will then proceed with an investigation even if you were a self-referral to the program."
That language sounds is taken from the 5150 which is a very high legal standard, but it's NOT, and it's vague enough where they could simply say, based on my intake disclosure, returning to work would place patients at risk.
As it stands now, I have been clean for 8 months and well connected to my AA/NA groups. My disability will expire soon and finding a non-patient care job, only to quit that job once my restrictions are lifted would place a strain on anyone who hired me.
You are right about thinking long and hard about this. I posted this question in May, and it's already August and I have not withdrawn. I just feel I need to get back to work. All this down time is taking it's toll on my mental health.

[hppygr8ful]

Thank you for your thoughtful reply. One of my issues with diversion is that I self referred in Jan. 2009, but they did not start my "clean time" till I completed in-patient rehab and had a negative drug test, mid March! I lost 3 months although I had been clean the whole time. On the BRN website it said:
"if a DEC determines that you are a threat to yourself or others at the time of termination, they will advise the BRN, who will then proceed with an investigation even if you were a self-referral to the program."
That language sounds is taken from the 5150 which is a very high legal standard, but it's NOT, and it's vague enough where they could simply say, based on my intake disclosure, returning to work would place patients at risk.
As it stands now, I have been clean for 8 months and well connected to my AA/NA groups. My disability will expire soon and finding a non-patient care job, only to quit that job once my restrictions are lifted would place a strain on anyone who hired me.
You are right about thinking long and hard about this. I posted this question in May, and it's already August and I have not withdrawn. I just feel I need to get back to work. All this down time is taking it's toll on my mental health.

That's the problem with diversion contracts - They are just specific enough to scare the he double hockey sticks out of you but vaugue enough so that the Dec can interpret them almost any way they like and get away with it. If you are in southern California send me San Gabriel San Bernardino area send me your resume and I will help you get a job. If you don't mind my asking what DEC are you in? Some are much nicer and more understanding than others I was in DEC 8. with JP as my case manager. They are usually pretty good about you looking for work especially when your disability starts to run out. The place where I worked (acute psych) started me as non-patient care and stepped me up as my restrictions were liftedI was there for 3 1/2 years and because so many Diversion nurses work there they kind of expect you to quit when your through. They don't hold it against you as long as give appropriate notice. Granted psych is not for everyone but it was a good place to work because the DON totally understood the diversion process did all the required paperwork on time etc... Nice to know that stuff is being taken care of. Many employer's don't have a problems with diversion nurses per se, but balk at the paperwork. When I had a false positive test they gave me the time off without complaint or question until I got the required clean test.

Well Peace and Namaste

Hppygr8ful

[nursebyheart]

Your disability can be used for up to 52 weeks if your MD will work with you. That can help some of the financial stress as you continue to search. Also pooling your resources at your NSG and at your AA/NA meetings helps too. I also heard of another nurse putting her resume on Craigslist.