a mess// license at risk/BASKET CASE

[Lisago]

I have questions and in a big mess..first question does the hospital you work for have to have proof of diversion to terminate you for diversion.?? I have been terminated for diversion!! my manager says..I have some missed documentation for some narcs, and benzo's...in a weeks time.,,the meds were removed but not signed out..so I exclaimed!! "so you think I diverted??....she said Wel if they're not signed out , they are not given!..I'M LIKE SO THEREFORE IT'S DIVERSION!!!...AND SHE SAID ..YES!!(please people is this so?)..they did drug screen me, and the initial ER test was neg..then they send out that same specimen to forensics...it came back pos for small level of benzo's)..3 days prior to the test I took 2 xanax, from an outdated perscription bottle of mine..from a psych doc I was seeing 6 mo ago)..they say I was tested postive for a drug not prescribed)..BTW.Nurses..don't take any old RX"S that are controls..even though they are yours it's AGAINST THE LAW.I asked for them to allow me to explain, what I have been going thru,AND HOW THIS WEEK HAS BEEN FOR ME( fyi>>>I was seeing a pych for depression, anxiety,and she recently was changing, my meds>>BECAUSE...>>>I was c/o forgetting,and my family noted forgetfulness and not being able to find words,my thoughts were scrambled>> side effects form meds,also found I was severe hypoglycemic.)..anyway..no explaination..wanted to be heard..I filed a grievance..and I am in a big mess..they say they won't report untill they see how the grievance turns out..they say..regardless..they are entitled by law to report to BON..is this true???? also I did not divert..the night they drug tested me..I had stupidly, taken a new pill from the doc for anxiety..topamax..plus had been on neurontin, effexor, seroquel at night..I was also trying to get used to midnights 12's..which had been a new shift for me, also it was my 3rd day on, I only had 3 hrs sleep before i went in( arguement with my husbund)..anyway..I was NOT myself..I was out of it,, staff members said..and I forgot a few things and gave a ****ty report which was not like me).CAN..ANYONE OUT THERE.. ANSWER MY 2 Q'S RIGHT NOW??? DO THEY HAVE TO HAVE PROOF? AND DO THEY HAVE TO REPORT..HAS ANYONE EVER GOT OFF FROM THEIR PLACE OF WORK AND NOT BEEN REPORTED????...HELP

[hppygr8ful]

]

Ok I am going to try to answer your questions as coherantly as possible. You first question is if an employer has to have proof you diverted to fire you for diverting. Depending on the laws in your state your employer may choose to terminate your employment for any number if reasons. In an "At Will" state such as California either party can severe the relationship at anytime for no reason at all. If however you are being accused of diverting and you have not done so. I would suggest you talk to an attorney experienced in wrongful terminations. The fact that you tested positive is not a good sign because even if you have a valid prescription the Nurse Practice act in most states specifically forbids the use of any substance that may alter your ability to perform safe practice. This type of restriction is wide open to interpretation by governing bodies and the BON.

The other tghing I noticed from your post is that you were taking Ambien - I can't begin to tell you all the screwy thing people have done on this medication that they simply don't remember (It's like an amnesia pill) I would advise you to not take it. That combined with Xanax would be enough to make you seemed seriously looped even hours or days after taking it.

Your list of meds shows that you are on or have been on some fairly heavy psych meds and often the body needs 6 to 8 weeks just to get used to them. I myself am a recovering addict and also a former psych nurse. If you have filed a grievance does that mean you have an attorney. If that is the case I would advise you not talk to anyone including the BON until your grievance is settled. Comments you make may be used against you at a later date.

No for the addiction issue. IF you have a substance abuse problem, and I'm not saying that you do this would be a good time for you to seek help. Check out some meeetings look into treatment options get help. I nearly lost everything husband, house, son oh and very nearly my life before I came up on a issue very similar to yours. That was in 2004 - I self reported to my BON, got treatment and graduated from the Diversion program last year. It was a very hard 4 and 1/2 years but I do not regret it. I am happy clean and sober and working full time as a nurse. I am always around here so drop me a message and we will talk some more.

Peace and Namaste

Hppy

[whome3]

No offense here, but if was your chrge nurse, and saw the things you described, I would also think diversion...

I have no idea whether you did divert , but med rule 101 is documenting meds, and by not doing so, you placed yourself in this position.

It is also a bad decision to work when you are unable to perform safely and the fact that you were "out of it" and forgot things and gave a poor report could be reported even if they dismiss the diversion charge.

Your employer has the responsibility to report nurses who they feel are unsafe, and the problem is nothing that they can fix.
If you have worked there and established a good foundation, they may listen to you, but if they are not familiar with you or there have been past shifts that nurses voiced concern... The BON will be informed.

From what you say, you are having some behavioral instability and have been given a heavy dose of meds, and opens up MH concerns.

DOes your union provide legal support? Is yes, contact him ASAP.

Good luck, keep us posted. We care....

[Lisago]

We do not have a union,,the only hospital that the nurses are unionized in this sate is U of M.