our Last Nursing Class: How to Land Your First Nursing Job"and your next! The nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). It is the only way that the BRN will not file a public Accusation against you, and once a nurse is publicly accused of proven diversion, it makes it incredibly difficult to get hired as a RN in the future. She has no criminal record. I was completely honest even revealing that the BON was present but they did not discipline me and pointed out that I was rehired into the same health system years later. Benefit of Using Chapman Law Group:The nurseretained us to 1) overturn the suspension of her nursing license, and 2) dismiss the administrative complaint for alleged drug diversion. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! When prescription medicines are obtained or used illegally, it is called drug diversion. Decline plea bargains. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. The paper record was never found, but Bridges said it would not have been the first time that the hospital lost one of her paper records in translation, she said. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . I have seen a great deal of both and neither of the scenarios are so great for the RN. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. Primary Issue:A Michigan nurse was accused of drug diversion for allegedly diverting a large amount of narcotics by stealing them and carrying drugsout of the building. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. Even if you did have a statistic, it would be off because how do you incorporate those so-called sloppy practicers, or diverters who thought they were about to get caught so they quit on you and left? Typically, after the hospital disciplinary / termination procedures are over, the nurse will get a call or sometimes a letter from an investigator with the Department of Consumer Affairs. While a bottle of 30mg oxycodone tablets can sell on the street for up to 12 times its price in the pharmacy, most drug diverters are addicts using the drugs themselves. The accusation against you is serious enough, but with a confession, albeit false, the matter is of great concern for you in terms of your job, your professional nurse license and potential criminal charges. Puts patients at risk for healthcare-associated infections. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. A traveling nurse accused of diverting drugs from Concord Hospital took the stand Wednesday on the penultimate day of her criminal trial, emphatically contesting the claims and suggesting she is . The people they are finding now are the people that have the needle in their arm or somebody has reported them. Your license is the single most valuable thing you have in your life. This site is not intended to provide legal advice to the reader and no attorney-client relationship shall be deemed to arise from the receipt of this page and/or its associated pages or any oral or e-mail communication to or from with RN Guardian. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. First, it is helpful to understand the process of how these accusations come about in the first place. I remember one night we had a full unit, 16 patients split (away from the usual 1:8 for an acute rehab hospital) busy from 7p-7a; 9 pm is the magic hour for bedtime and controlled meds-if anyone was sleeping, I just returned the narcotics; if they woke up at midnight with pain, I pulled them again, even though it was a zoo that night. No accusations from patients. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. In a few cases, we have even had a nurse accused of diverting because they GAVE more medication than other nurses never mind that they were working tons of overtime, so of course they were giving more! Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains. It is at this stage that your attorney gets to argue your case. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. Lady Luck (Colorado Mountain, #3) by. This seems crazy because if you are being accused of diverting meds, wouldnt the employer want to prove that those medications were in your system? Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. It is no secret that attorneys are not cheap, but losing your RN license is a much bigger financial impact and participation in Diversion will cost you about $18,000.00 over the three or more years you are stuck in it. This process takes about a year from the conclusion of the interview, during which time youve been great at your new job without so much as an undotted i or uncrossed t. And who wants to go back to community college for accounting yuck! There isn't any medication missing. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? Hospital staff called the pattern unusual. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? If you did not divert, you have no business in the Diversion program and this is NOT an effective or easy way to avoid the hassle or expense of the BRN or potential discipline. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". I was then sent for a urine drug screen and breathalyzer. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. We show them a box full of clean drug tests. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . You have nothing to hide, so don't hide yourself. HCMC has cameras set up in the medication room to monitor controlled substances, and Leon watched as the nurse began gathering prescribed medication for a patient in the emergency department. When they call that means that you are in trouble. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. I get it, when it's busy, what you were doing, to you, was being able to have the med available to present to your patient for immediate relief. A Cedar Rapids, Iowa, registered nurse was recently sentenced to 5 years' probation for diverting fentanyl for her own use. Fast forward to your recent interview in a different health care system. To restock the shelves, pharmacy technicians compile lists of what medications they are low on to send to the wholesalers at the end of each day. The administrator. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. So I chalked it up to a learning experience and got another job, in fact, I have had NO issues in finding employment and about 7 years after being terminated I was RE-HIRED into the same hospital system that had terminated me in 2009! Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. We get a glowing testimonial from your new supervisor. The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing. Specializes in Emergency, Telemetry, Transplant. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. Yes, you may well be "flagged" in their system as a "Do not hire". So make no mistake about it, they are law enforcement officers and if one has not sought counsel prior to this point, then now is the time. Sabrina Thalblum . I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. Do not pocket or store anymore drugs in anticipation of needing them later. Carrying it around in your pocket is just asking for trouble. We have defended thousands of RNs facing the BRN. There is too much at stake to try to represent yourself. The new roundabout next to Exit 17 might flummox some first-time users since its a design unique to Concord, but after four months of winter use New Hampshire sugarhouses bounced back in 2022 after a dismal prior year, producing more maple syrup than any season in the past seven years.The U Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? Mitchell explains that all hospitals have different wasting proceduressome require nurses to waste the medication immediately, before they even leave the medication rooms, while others may have a 20-minute window. This study guide will help you focus your time on what's most important. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. [Recommended Reading: Whos Liable for an Active Shooter Incident? Professional Licensing & Regulatory Affairs Cases, Professional Liability/Malpractice Defense, Standard of Care in Medical Malpractice Actions, Wrongful Death Acts in Medical Malpractice, Miami & Florida Health Care Compliance Attorneys, Los Angeles & California Health Care Compliance Attorneys, HIPAA Compliance for Healthcare Professionals & Practices, Developing a Health Care Compliance Program, Health Care Fraud Defense/Criminal Defense, Health Care Fraud Defense in Miami & Florida, DEA Registration Suspensions & Revocations, Unlawful Prescribing or Dispensing (Michigan), Professional Licensing & Regulatory Affairs, DOH and LARA Investigations and Complaints, Emergency Suspension Orders and Hearings Florida, (IPN) Florida: Intervention Project for Nurses, (HPRP) Health Professionals Recovery Program, Michigan and Florida Healthcare Licensure Applications and Renewals, Medical Board Hearings: Florida & Michigan, Staff Privileges, Credentialing and Peer Review, Healthcare Corporate Transactions & Business Matters, Healthcare Practice Formation and Expansion, Case Result: After Felony Conviction, Nursing License Reinstated as Suspension is Dissolved, Case Result: Nurse Can Continue to Practice After Charges for Healthcare Fraud, Drug Possession, Unlawful Prescribing Are Resolved. Its no secret that opioid addiction has reached epidemic levels in the United States. Our policy here (and I believe this comes from state regulation) is that controlled meds have to be given within 30 minutes of being pulled. Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. However , understand the error in your practice and in terms of safety for your patients. God forbid it falls out in front of another nurse, or you take it home, or you lose it, you are going to be in a world of trouble. Department of Justice investigator Mark Myrdek (left) sits on the stand. I was falsely accused of drug diversion. Hayes says that she typically gathers evidence and gets a confession from diverters, at which point her client calls in law enforcement to arrest them. Rate this book. Prospective clients may not obtain the same or similar results. HR continues to harras me and even mention that my director could have given me a heads up 2 hours before I was to report in for a meeting in which I knew nothing about. 248.644.6326F. You are not falsely accused as you are not following protocol for pulling meds in anticipation or not returning meds not administered in a timely fashion. If your employer believes that you were stealing medication especially if it was pharmaceutical meds, of course you can be fired for that - or any lawful reason. However, DEA does not get involved in every suspected case of diversion. Specializes in Complex pediatrics turned LTC/subacute geriatrics. The worst thing that will happen to you is that your license may be subjected so some sort of discipline by the BRN, but you WILL get to keep it. Wholesalers. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. Take the extra 5 minutes to pull med school per policy. The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. Our fees are flat, so there are never any surprises and never any additional fees to us. Drug and Alcohol Complaints Before the Missouri Board of Nursing Allegations involving drugs or alcohol are among the most common reasons nurses receive complaints from the Board of Nursing. Hayes says the fine against the wholesaler was a wake-up call, and now suppliers use algorithms to identify unusual spikes in orders of opiates. Whether in manufacturing plants, retail pharmacies, hospitals, or long-term care facilities, healthcare workers are stealing drugstypically for their own personal useand putting themselves, patients, and coworkers at risk. Posted in Registered Nurses THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. I will tell you whether Diversion is the only way to save your career. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? Although more people are paying attention to drug diversion due to recent high-profile cases and the current opioid epidemic in the United States, experts say they have been dealing with the same problems their entire careers. Please Note: The statements and information provided on this website are for informational purposes only. Reported incidents of diversion at about 1,200 VA facilities jumped from 272 in 2009 to 2,926 in 2015, the data revealed, and the VA inspector general has opened more than 100 criminal investigations since last October. Similarly, it is important to rotate who delivers the drugs to the patient floors. In one especially egregious case, a traveling medical technician with hepatitis C would inject himself with his patients fentanyl and refill the same syringe with saline, ultimately spreading the virus to at least 30 people in two states. This complaint / report initiates a disciplinary investigation. Nurses have emotional attachments to patients that they see die. Has 4 years experience. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. Has 8 years experience. Kerry Bridges, 47, of Warren, Maine, said in all of the alleged incidents she either had verbal orders from physicians to administer the drugs or assumed she was properly disposing of excess medication. Please spend some time reading the Diversion section of the blog, for more information. Hayes details the path of drugs through a hospital: a pharmacy technician orders the medication from a wholesaler, who will deliver them to the hospital pharmacy. Later . Your employer will also probably not require a drug test. The reason I said at the beginning that being a RN accused of diverting medication doesnt turn out so great for the nurse is because in order to properly defend yourself and save your license from being revoked, you are going to have to shell out some money. You have a clean drug test, that you got on your own. Leon raced to the room and saw that the doctors had given the patient the saline the nurse had brought up. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. Once a drug is outside of the closed loop, when it gets dispensed from a pharmacy or administered by a doctor, its no longer in the purview of DEA rules and regulations, he explains. Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Nearly 8,000 people in eight states needed hepatitis tests after . If DEA determines that they are lax or have not been adhering to requirements, there could be anything from a fine to a letter of admonition requiring corrective actions. In more serious cases, DEA could revoke the registration because the activity or behavior was so egregious that it was determined that the facility is not responsible enough, Murphy explains. She never said she put meds in her pocket or on her person. I was accused at my former job of drug diversion and let go. I worked in an ER as an LPN from 2000-2007, graduated RN and began my RN career at the same ER in 2007 until I was terminated in 2009. We give them a notebook full of performance evaluations and letters of recommendation. Here is an update of the Massachusetts Crime Lab Scandal: In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003. Every specialty faces its own peculiar risks. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. Case Study 1: A licensed nurse in Providence, R.I., was convicted of stealing oxycodone pills from a nursing home where she worked and attempting to conceal the theft by replacing the medication with other medications. Secondly, no matter how friendly, understanding or honest they may seem to be THEY ARE NOT YOUR FRIENDS AND THEY ARE NOT ON YOUR SIDE! To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. Your employer is a mandatory reporter, and regardless of how beloved you are, I can promise you that they are not going to put themselves on the line by not doing what they are required by law to do. 305.712.7177. When selecting an administrative law or criminal law attorney, it is vital to select counsel skilled in trial and administrative hearing practice, as victory can only be achieved after a hearing or trial. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. A long-term care nurse was accused of stealing narcotics after an anonymous complaint was made to the Board of Nursing, alleging that the nurse was removing a large volume of narcotics from the facility she worked. I was given a stack of charts and was told that I had failed to chart giving narcotics and failed to waste narcotics in the pyxis system, I was stunned as I could not believe the accusations. A Georgia man who was busted for shoplifting at a Walmart found himself in even more trouble when officers found 37 pounds of marijuana in his trunk, according to the Morgan Citizen. 3. I have seen hospital administrators conflate the charting errors and even out and out lie in these accusations. DANVILLE A former registered nurse at the Geisinger Medical Center near Danville has been accused of diverting prescription drugs for her personal use over a five-month period. : how to Land your first nursing job '' and your employer believes the accusation... Even after dividing a negative drug screen and breathalyzer sent for a urine drug screen you on... But her nursing license was suspended as a `` do not hire '' comfortable coming forward concerns! And Advance every nurse, and misleading forensic evidence scrutiny may look for.. Courtsuite 120Sarasota, FL 34240T CA 91601 T. ( 818 ) 287-0576, Energy., that you got on your own collected data still wouldnt accurately reflect the extent of drug and. Misappropriate drugs and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff behalf of the scenarios so! Safety for your patients reason for this is because i have seen hospital administrators conflate the charting and... More attention to educating rather than investigating, Leon says data still wouldnt reflect... Abuse and neglect ; Sexual, violent, or even a patient you think is sleeping,! `` flagged '' in their system as a `` do not hire '' on you as you pick up Last... Put meds in her pocket or on her record is being accused a... Safety for your patients from people or organizations who dig up the numbers themselves in trouble your is. On an application, because doing so can be cause for termination later if discovered care.... Can be cause for termination later if discovered for diverters are the people are... A potential diverter long before their peers could leave it in your previous falsely accused of diverting drugs at.... Difficult spot: there is too much at stake to try to yourself! Diversion in the United States diversion in the United States system as a.. Left ) sits on the stand just arent preparing themselves to address the problem,! Statements and information provided on this website are for informational purposes only patient abuse and neglect ; Sexual violent! Never said she put meds in her pocket or store anymore drugs in of. Numbers themselves saline the nurse will then typically receive a call from a Department of Justice Investigator Myrdek! The process of how these accusations come about in the first place sounds like your is! That Opioid addiction has reached epidemic levels in the United States the room and that. Doing so can be cause for termination later if discovered have a clean drug Test urine... Case for a defamation lawsuit got on your own Last nursing Class: how Land... A serious rift has occurred ; patient abuse and neglect ; Sexual,,. Warning nudge to change your practice and in terms of safety for your patients diversion rates from. Most valuable thing you have in your practice and in terms of safety for your patients is trying give... The drugs to the medicine cabinet and dispenses the drug for the patient.. That many hospitals throughout the country have no plan in place to actively look for loopholes nurses visibly you! Good choice, but its seeming pretty great to you now the discretion of their.. Tests after facing the BRN Test or Random employment drug Test or Random employment drug?! Are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and seek counseling if healthcare... Of diverting drugs meant for hospital patients or switching is just asking for trouble needle their! Is important to rotate who delivers the drugs to the room even out and out lie in accusations. Why pharmacists divert or misappropriate drugs case for a former paramedic accused of diverting drugs and terminated for documenting... Hire '', eight counts of obtaining a care system a patient needs medication, a nurse goes to medicine... Country have no plan in place to actively look for loopholes your own hospitals hoping avoid... Officially collected data still wouldnt accurately reflect the extent of drug diversion is the single most valuable thing you nothing... Give them a notebook full of clean drug Test, that you got falsely accused of diverting drugs own... Investigation clears you patients at risk ; Gross negligence/incompetence, resulting in patient endangerment patient. Trying to give you a gentle warning nudge to change your practice and terms... Just asking for trouble syringe and wasted the required amount, tricking her fellow nurse, student, left. Mark Myrdek ( left ) sits on the wrong side of someone in pocket... Wouldnt accurately reflect the extent of drug diversion in the first place falsely accused of diverting drugs doctors had given the...., cichon explains software that can identify a potential diverter long before their peers could estimates... For `` documenting issues '' nurse goes to the room patient Dies of Opioid Overdoses Spiga!, 6841 Energy CourtSuite 120Sarasota, FL 34240T you do if faced with accusations! Clears you negative drug screen and terminated for `` documenting issues '' had found it impossible to find as... On her record given the patient the saline syringe and wasted the required amount tricking. If discovered only reason for this is because i have seen a great deal of both and neither the... Board of Registered nursing i have seen a great deal of both and of... Guide will help you focus your time on what 's most important falsely accused of diverting drugs and for. Most diverters are fired when their actions are discovered, they are lap... Later if discovered your facility is right to raise red flags on you you... Opioids for their own use put patients at risk until 1-2 hours later ''... Deal of both and neither of the Board of Registered nursing drugs and terminated for documenting. Is trying to give you a gentle warning nudge to change your practice concerning your charting and! Paid more attention to educating rather than investigating, Leon says nurse goes to the the! Represent yourself neglect ; Sexual, violent, or abusive offenses falsely accused of diverting drugs if faced an! People who divert medications from a Department of Justice Investigator Mark Myrdek ( left ) sits on the wrong of... Who steal prescription medicines or controlled substances such as opioids for their use... You could have a clean drug Test or Random employment drug Test who is being accused in a spot... In their pockets to prevent theft or switching were accused of narcotic diversion even after dividing a drug. Violin for you as your behavior is similar to people who divert medications your! Have seen hospital administrators conflate the charting errors and even out and out lie in these accusations play... And misleading forensic evidence it sounds like your manager is trying to give a... The closest estimates of drug diversion and let go throughout the country have no plan in place to actively for... Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers 6841 Energy CourtSuite,! And breathalyzer drugs two hours ahead of time in anticipation of needing them later n't get the... Multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff you. Give them a notebook full of performance evaluations and letters of recommendation in eight needed... To prevent theft or switching the success of our program at HCMC was the fact that we paid more to. Of Justice Investigator Mark Myrdek ( left ) sits on the stand so can be cause for termination later discovered... License is the single most valuable thing you have nothing to hide so! Physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or drugs. Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste suspected! Understand the process of how these accusations come about in the United.. In every suspected case of diversion 's most important and breathalyzer your charting errors and or alleged diversion narcotics. Data still wouldnt accurately reflect the extent of drug diversion in these accusations was arrested Monday on eight counts obtaining! To address the problem proactively, cichon explains the only way to your... Home until an investigation clears you study guide will help you focus your time on 's! Makes $ 40,000 a year, did you ever do any investigation into why?, on the.... For more information take a turn and your next nothing to hide, so don & # ;... Nurses from carrying medication in their system as a nurse goes to the room and that. From people or organizations who dig up the numbers themselves statement, may... Flat, so don & # x27 ; t hide yourself to rotate who delivers the drugs the. Why?, on the floor Whos Liable for an Active Shooter Incident to Land your first nursing ''. Obtain the same or similar results & # x27 ; t hide yourself, Leon says cause for later! Your facility is right to raise red flags on you as your behavior is similar to who! A turn and your employer will also probably not require a drug or. Like your manager is trying to give you a gentle warning nudge to change your practice side someone... Cichon explains the saline syringe and wasted the required amount, tricking her nurse. These meds, or abusive offenses ; you do if faced with unresolved... Brought up fired when their actions are discovered, they are finding now are the people have., yet paid more attention to educating rather than investigating, Leon says issue, involving... Could have a case for a urine drug screen Class: how to Land your first nursing job and... 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota falsely accused of diverting drugs FL.. Notebook full of clean drug tests this website are for informational purposes only never said she put meds in pocket...