Question by : Employer required to report nurse for drug diversion to state board of nursing?
My best friends oldest sister is a nurse. She was fired last May for calling a prescription in for herself. The pharmacy called the office she worked in to verify that the prescription was valid and of course, it wasn’t. She was fired immediately but her employer did NOT report her to the Board of Nursing or the police. Our best guess as to why they did not do so is that they were afraid that she would react by reporting some things that were going on in the office to the state and an inspection would follow. She told us that she wasn’t worried about them reporting her because they knew she would get them in trouble if they did-whatever that means, she wouldn’t elaborate.
Now, she is still using prescription drugs although she feels she needs them and she is getting legal prescriptions. My best friend (her sister) and I feel differently though. We think she has a problem. Aren’t employers of nurses required to report them to the state board of nursing?

From my research they aren’t required to report her to the police but they ARE obligated to report her to the state board of nursing. We’re so angry that they did not do this so she would/could get the help she needs rather than just seeing the problem get worse. Her old employer is giving her an awful reference so she hasn’t been able to find a job anywhere so they have, in all actuality, made her situation much worse.

We’re trying to find out if they are indeed obligated to report her diversion to the BON and what will happen to them if they refuse to do so. We tried to contact the BON ourselves but they said the report has to come from her ex employer.

Any help would be appreciated. We really want her to get well and be able to find a job.

Thanks
Dear Sherry,
She does admit that she has an issue and that calling in the RX was crossing a line that does show she has issues. She just feels that she has no choice-that she has to take meds due to pain. Her sister and I think she is taking them more than she really needs them for pain and is abusing BUT she knows this.
She is willing to go into rehab but neither she nor her family can afford it. In the United States addiction is treated as a disability and if she were reported she would be able to get the help she needs-the Gov’t would pay for it.
She isn’t interested in the free rehab-so she is unwilling to turn herself in.
So anyway, no I am not trying to get her in more trouble. I am trying to find way to get her help since she can’t afford it on her own. Especially since she can’t secure a new job.

Thanks everyone for your help. I’m still not clear as to the legal guidelines and if the employer can get in trouble for not reporting to the BON.

Best answer:

Answer by Tass
This is a UK answer but the laws are probably the same.
Her employer has a duty really to report her to the Board as this is serious – the Board as you are aware of have a register of practising nurses and they have to decide if she is fit to practise following investigation if a referral is made. It sounds as though her employers were a bit dodgy tbh and she would reveal possible poor practise to the Inspection team opening up a further can of worms.
However, this is no excuse. The public have to be protected and nurses face tribunals for this sort of stuff all of the time sometimes with a striking off order or sanctions which must be revealed to any potential employers, they are giving her a bad reference preventing her from gaining a job which I agree is probably worse than facing her issues.
She has obviously realised the consequences of her actions and is paying the high price – it would have been better all round if her ex employer had have acted responsibly but unfortunately, this is not always the case.
All she can do is be honest about her problems and hopefully someone will give her a chance – however, it sounds as though her career could be in tatters because of this.

What do you think? Answer below!