[CABAYRN]

Dear jewels123,

My heart goes out to you and your husband. I remember how lost, ashamed and hopeless I felt for weeks afterward. My experience is with CA, I don't know anything about the FL case. Your question, can charges be filed if in a recovery program? Yes, they can still press charges however the hospital may or may not do that. If charges are pressed, being in a recovery program may alleviate the sentencing, i.e. plea agreement.

Please help your husband get in touch with a therapist or recovery specialist or some professional help as soon as possible.

God bless you both!

[CABAYRN]

Dear Jewels123,

Forgive me; your question was about employment termination, not charges. Yes, the hospital certainly can and probably will terminate employment. In my case, I confessed when confronted with the allegation so they allowed me to resign rather than be fired. However, they made absolutely no effort to keep me employed there.

At the time I thought that was just the end; really it was only the beginning of a hard trying time. BUT, the rewards have been amazing, I am employed at a wonderful hospital and every day gets better.

The same will happen for your husband if he embraces recovery and really works at it!

[jewels123]

We are concerned first about legal prosecution for his diversion and second for his ability to keep his nursing license. It seem s that his employer at this point has an option to turn him over to law enforcement, the Florida Board of Nursing the Intervetion program or a combination of the three. He is calling the intervention program first thing tomorrow morning to get that started. He is willing to be open and honest about his diversion and his pain medication addiction, and to do anything to keep his license. I guess my guestion is other than contacting the Intervetion program, what else should we be doing?

[CABAYRN]

Dear Jewels123,

I am glad to hear that your husband plans on self reporting to the state diversion program. Not sure how FL works but in CA hospitals are required to report diversion to the state board of registered nursing. If your husband reports before that happens it may look better for him.
You ask what else you can do? I would recommend getting to a AA or NA meeting. Not only because it may help but because documentation of meeting attendance can prove helpful when his time comes to meet with diversion (he can get meeting cards signed by the meeting secretary).
Remember, diversion programs are VOLUNTARY. For me, it was a life saver, but I do know nurses who chose not to do it.
Also, the state diversion program (should he choose it) may require either intensive outpatient treatment or inpatient treatment. You may want to start looking into what options there are in your community.
Hang in there!

[jewels123]

I dont know if this question can be answered or if only time will tell but here goes.... He was asked about numerous inconsistancies in signing out medication, he was not caught red handed, and at first meeting denied the allegation. In this case do hospitals normaly have the person charged with a crime or simply reported to the Board of Nursing for dicipline and fired from their position?

[CABAYRN]

The hospital may or may not involve the authorities. That just depends on the institution. Some hospitals simply sever ties with the employee and that is the end of it as far as they are concerned. Some hospitals do report to the police.
In my case there were no charges filed. One of my friends from my nurse support group did have charges filed but the DA agreed to dropping them if she successfully completed the diversion program. My group facilitator, also a nurse who successfully completed diversion, did get charged and convicted; she served time on house arrest and has a felony. She just returned to patient care nursing after 7 years.
I wish I could definitely tell you something however at this point there are so many variables; largely on the part of the hospital (whether or not to press charges) and your husband (how he will proceed with his treatment).
You will both be in my thoughts; stick together and try (hard as it is) to be proactive and succumb to depression!

[CABAYRN]

I meant NOT to succumb to depression!

[hppygr8ful]

Originally Posted by jewels123

We are concerned first about legal prosecution for his diversion and second for his ability to keep his nursing license. It seem s that his employer at this point has an option to turn him over to law enforcement, the Florida Board of Nursing the Intervetion program or a combination of the three. He is calling the intervention program first thing tomorrow morning to get that started. He is willing to be open and honest about his diversion and his pain medication addiction, and to do anything to keep his license. I guess my guestion is other than contacting the Intervetion program, what else should we be doing?

My experience when it comes to avoiding charges is that your husband should immediately get into a treatment program. The Board of nursing will make him do it anyway so might as well get started. In my case I signed myself into an outpatient program and the board did not require me to do inpatient unless I relapsed - which I have not done (30 months sober now and loving life) The diversion hoop jumping is a pain but being sober is worth it all. Good luck and I'll keep you in my prayers.

hppy

[jean1]

finally i am able to post. have been visiting this forum a while and was having problems registering. I too am in FL IPN and have been since completing outpataient tx. 8-06. I was disciplined by the BON and after appearing before them twice was finally reinstated. I was finally back to working in nursing for 2 weeks when my background check came back showing i had a warrant. i turned myself in and am going to court in 3 days. im scared to death. the offer is drug court and adjudication witheld. Alternative time in prison. (Att to obtain by fraud) Im scared to death. How will i ever manage 2 monitoring programs. Will I be able to go back to nursing before I complete drug court. I sometimes feel as if all this was for nothing. The hoops the hurdles the legal fees

[jean1]

Jewels, In my nurse support group which is required weekly by IPN no other nurse except me had been disciplined by the FL BON. Your husband should call IPN immediately. From there he will need to see an addictionologist which will most likely result in intensive outpatient Tx. approx 4 months. He will not be ble to work until tx complete and cleared by IPN. Narc restrictions for 1 year along with a comtract for 5 years. He will need to call for his color Sun - Thurs evening after 7 pm to see if he needs to drop the following day. Usually once monthly. As long as he is in IPN the BON will most likely not discipline his license. Even if they do he will get reinstated as long as he is IPN compliant. In my experience with the other nurses in my group the hospital will not press charges if he enters IPN. I hope everything works out for you both.