If you diverted only a few times, it may be hard to prove that it was in fact diversion and you may be treated as someone who just made a few medication errors. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. However, if youve done any research, you may think that youll have to mortgage your house or cash out your 401K because fees can run in the tens of thousands. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . It doesn't take long to got to the Pyxis for a med once patient asks for it. The information provided has not been reviewed or approved by the StateBar. I have personally seen this. (NICK REID / Monitor staff), Support the If the diverter has a license from one of those state agencies, usually its required that they be reported, and then its up to the board how they proceed with the personal license of the individual, he says. If somebody wants to steal or becomes addicted, they are going to find a way to do it, and sooner or later they are going to get caught, but then theres a problem because the hospital has to work backwards to determine how much was stolen and reconcile all that, he says. Nov 21, 2018. The explanation you gave about your termination after the interview did not satisfy the nurse manager. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . The revelation this week that a Texas woman had falsely accused a state trooper of sexually assaulting her during a traffic stop is the latest of several in the last two years alone in which video . However, DEA does not get involved in every suspected case of diversion. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. South African nurse wants to work in Canada. Controlled substance management is dictated by a number of laws, including the U.S. You have a clean drug test, that you got on your own. In Pennsylvania, the law provides protections to people who think they are being domestically abused. The plain and honest truth is that I did not have several narcotic wastes witnessed by another nurse, as there was no one immediately in the area to assist me on several occasions. Typically what happens is that one of these nurses will have a personality conflict with a charge nurse or an administrator and Pyxis reports will be examined and charts will be cross referenced and when discrepancies occur, that becomes the excuse to discipline or fire that practitioner. I was falsely accused of drug diversion. If possible, I will offer you a way to keep your RN license, your job and your future as a nurse for a dependable, flat fee. Choosing a specialty can be a daunting task and we made it easier. if (photocredit.indexOf(sellablestring) > -1) { 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. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. The doctor went to properly treat the patient and Leon called the nurse manager and the local sheriffs detective in to begin an official investigation into the nurses actions. Today a woman from the finnish customs called me saying its narcotics, she asked me if it was me who ordered the narcotics saying that that way i wont get into much trouble and it will be easier but if i deny ordering them i would have to go to the police station for a court hearing so they can get my statement and decide what to do. Bottom line is do not talk about your case to them without a lawyer present. It takes 12 hours for an interview. But dont turn to the impairment program first do this instead. It is at this stage that your attorney gets to argue your case. 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. Think real hard about the names you put down for references. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. Recommended Stories. The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing. She never said she put meds in her pocket or on her person. 248.644.6326F. He called the doctor and the nurse into the hall and explained that the patient had just gotten saline and still needed the proper pain medication because the nurse had diverted the hydromorphone in the medication room. Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. The people who are your real problem are the people who are hiding in the weeds, not doing enough to get caught, and those are the ones you want to find, Mitchell says. Specializes in Med nurse in med-surg., float, HH, and PDN. Please spend some time reading the Diversion section of the blog, for more information. Since 1997, allnurses is trusted by nurses around the globe. She made me wait another 3 weeks for my new dose. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. So I wasted the medication myself down the drain, and my job went with it. I was ultimately terminated for documenting issues. Specializes in Med nurse in med-surg., float, HH, and PDN. Gary Green is accused in a grand jury indictment of failing to inform the U.S. Drug Enforcement Administration when he transferred and stored controlled substances in the offices of Guaranteed. allnurses is a Nursing Career & Support site for Nurses and Students. If they dont have you, you can only hurt yourself by talking. 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. Fudin says fentanyl may not show up on an opiate screen because it has a different chemical structure compared to most commonly prescribed opioids. }. We found out through the course of investigations that if someone resigns and was not sanctioned it may not be a reportable action, he says. Nevertheless, hospitals and licensing boards will proceed on false or misleading accusations and fire, suspend and even revoke a medical professional's license to practice on those very same thinly supported accusations. So, calendar your case and appear in court. Specializes in Tele, ICU, Staff Development, Freelance Writer. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. Healthcare workers are not immune to the draw of opioids. Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. 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! Specializes in Psych, Corrections, Med-Surg, Ambulatory. All Rights Reserved. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. 14. Puts patients at risk for healthcare-associated infections. This complaint / report initiates a disciplinary investigation. The goal is to identify these people as quickly as possible so they are no longer a risk to themselves or the patients or anyone they work with.. Designed to give you the foundational knowledge and skills you need to become a more dynamic security professional, including EP specific threat and risk assessment, protective intelligence, advance planning and more. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. our Last Nursing Class: How to Land Your First Nursing Job"and your next! She recalled having been told eating at the nurses stations was against protocol. The nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). If you know that the medication you are accused of diverting is NOT going to show up in a drug test, please go get one on your own. I hired a lawyer, and went through all the steps to have this . While street drugs remain popular, an influx of new prescription pain medications in the late 1990s helped to fuel an opioid epidemic that killed 50,000 Americans in 2019 alone. It is literally worth millions of dollars. *For licenses in other states, please visit TAANA. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. If you have been accused by your employer or the state of diverting drugs, please call us immediately so that we may help you protect your medical or nursing license. The City of Trinidad has reached a $375,000 settlement in a lawsuit brought by the ACLU of Colorado on behalf of two women who were arrested three years ago in a botched drug-sting investigation. Need Your Opinion About Medical Emergency. 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 didnt. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. 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. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. Department of Justice investigator Mark Myrdek (left) sits on the stand. There is too much at stake to try to represent yourself. 1 Article; Decline plea bargains. I know thats the standard practice, and thats what we strive to do, she told prosecutor Brooke Belanger, but as youve heard others testify, that doesnt always happen., Bridgess attorney, Jim Moir, criticized the hospital and state investigators for never reaching out to Bridges for explanations before arresting her in Maine and labeling her a fugitive from justice.. 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. Toni Martin, 34, of . 7. Even orderlies have very stressful physical jobs, theyre lifting patients. Has 7 years experience. Even if I have a pt. Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license. 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. Change your ways!! I am trying not to get upset but it's truly difficult. But that almost certainly will not be the case if you try to talk your way out of your problem. Copyright 2023 RN Guardian, All rights reserved. If a 300-bed hospital is finding one person a month, and Hospital B has the same amount of staff and beds and is finding nothing, NADDI has been providing training for hospitals to develop antidiversion policies. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. Theres a lot of people investigators really suspected were diverters but had to be chalked up to sloppy practice due to a lack of concrete evidence, so any statistic is talking about known diverters who are fired for diversion, she tellsSecurity Management. In one alleged incident, Bridges said she withdrew 100 micrograms of fentanyl, went to the bathroom, then administered half of the drug and disposed of the rest, sending a paper copy of the disposal to a separate department. I think the combination is almost deadly.. A person cando five thingsif he/she is falsely accused of a crime. They MUST! CONCORD, N.H. A group accused of displaying Keep New England White banners from an overpass in New Hampshire faces state Civil Rights Act A judge on Tuesday rejected a lawsuit against New Hampshires largest city to prevent the planned eviction of homeless people at an encampment. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Result:After successfully arguing our case, the Administrative Law Judge (ALJ) promptly dissolved the summary suspension of the clients nursing license that day and delivered a favorable proposal to the Board of Nursing. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. You were cleared of everything, yet it's all coming back and keeping you from getting hired. 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. I was heartbroken as I really wanted this position! Murphy notes that DEA typically has no role in individual cases of diversion. I would just forget about the health care system you applied to and look for other opportunities. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. You are not accused of med diversion, you have not followed policy. Weve made it our career to save yours. Prescription drug use by medical personnel and drug diversion by health care providers has risen to epidemic proportions and become a significant public health issue. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. avg rating 4.27 5,457,050 ratings published 1960. 248.644.6324, 5250 Lankershim Blvd.Ste. Your employer will also probably not require a drug test. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. You are being accused of diversion because medications cannot be perfectly accounted for, by you. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. Choosing a specialty can be a daunting task and we made it easier. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. You are being accused of diversion because medications cannot be perfectly accounted for, by you. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. Now hang on a minute. 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. Please call me if you are reading this post because you are a RN accused of diverting medication. 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. Unfortunately, there are different laws and statutes in every state that set up some sort of reporting requirements, he says. This is something that is probably happening but were not finding it, he says. This will either be by phone or via a letter. var currentLocation = window.location; I have been beyond frustrated with the work environment and now I am being falsely accused of this. Has 10 years experience. He also notes the importance of following up internally on each diversion case and figuring out what went wrong, and adjusting procedures to address any lapses. Wholesalers can even stop the flow of medication to pharmacies if they believe diversion is occurringwhich can be disastrous to a trauma center, Hayes notes. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. Consider taking legal action. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Leon observed the nurse dispense a syringe of hydromorphone from the medicine cabinet, and, while a fellow nurse was signing off on the withdrawal, she placed the syringe in her pocket and pulled out an identical syringe, which Leon later learned contained saline. The drugs are sorted and stocked in the pharmacy, where they will remain until they are brought up to the patient floors and stored in various types of locking medicine cabinets. Please Note: The statements and information provided on this website are for informational purposes only. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. You want to try to find them before that.. This is because they DONT WANT PROOF that you WERENT DIVERTING! You are not following protocol. There is much more on these accusations in the blog, make sure to familiarize yourself with what these terms mean and what the outcome can be. These se things can all lead to you either losing the med or actually being accused of diversion. It is a charge that should be taken very seriously. You will be reported. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. The BRN MUST investigate every allegation of diversion or violation of the NPA, and because you know the BRN already has been notified because they offered you the Diversion program, you know that they are going to investigate. Has 16 years experience. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] Markus Rashad Tull, 28, was arrested at a Morgan County Walmart on Saturday after he was accused of "skip scanning" items in the self- checkout lane. 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! 1-612-816-8773. allnurses Copyright allnurses.com LLC. NOTHING else. (NICK REID / Monitor staff) '"; You have people that are already in very stressful situations, and now you give them access to drugs. No matter what number you come to, its probably bigger in reality.. Create well-written care plans that meets your patient's health goals. Nurses who work in high paced intensive or critical care units or the emergency room are at particular risk of false allegations based simply on common charting errors. Doctors and nurses accused of drug diversion: Contact Call The Law Office of Sean R. Dingle, LLC, in Denver, to learn how to protect your professional license. 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. There are many reasons why a person may get falsely accused of a crime. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. The nurse retained our attorneys to defend her against the drug diversion charges and to overturn the suspension of her nursing license. Has 8 years experience. It takes about 4-6 months for a BRN investigator to contact you. Specializes in HH, Peds, Rehab, Clinical. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). 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. 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. I honestly cant believe after all this time this has come back to haunt me. 1 Article; Im a private citizen, I understand law enforcement procedures, and I can help them get at the root of the problem before they call in law enforcement.. If you are wrongly accused, cooperate with the investigation. And one should not rely on a union rep to come to the rescue. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. I didn't take my stimulant the day of my follow-up because it was my day off, and I stupidly thought my doctor would prescribe me something else that same day. Before he retired, he says, that number had dropped to one or two a year. 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. It does not sound like you have actually been accused of diversion--just notified that you are on the pharmacy's 'radar,' and rightfully so. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. Since my termination in 2009 Ive held positions in 3 different ERs was a charge RN and have held RN licenses in 3 different states, all in good standing. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. That's where all the bogus charges came from. Our members represent more than 60 professional nursing specialties. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. They asked me, Are 13 vials substantial or not? He makes $40,000 a year, did you ever do any investigation into why?, On the floor. 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. Controlled substances were going missing at Hennepin County Medical Center (HCMC), and the hospitals security investigator, William Leon, was determined to get to the bottom of it. Agreedand the DEA won't care how busy your floor is. They want me to come in instead of DEA or law enforcement, she explains. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 My breathalyzer and UDS were negative. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. There is no overarching agency or organization that records every instance of drug diversion in the United States. Expectations Are Changing]. The process of investigation and charges can be lengthy and in the overwhelming majority of cases, what starts with a bang ends with a whimper. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . When Circumstances Lead To False Or Exaggerated Accusations . Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. We successfully negotiated an arrangement to permit immediate reinstatement of the RNs license following assessment by a mental health professional deeming our client safe with probation. When prescription medicines are obtained or used illegally, it is called drug diversion. This study guide will help you focus your time on what's most important. Pharmacists can make mistakes that mean life or death. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. Drug diversion by nurses can begin with a nurse misusing drugs as a pain killer followed by repeated, follow-up use as drug tolerance increases and ultimately, as an addicted user. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". 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. But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? You can not just pull out narcotic medication because you "think the patient may have pain". THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. In fact, Moir tried to show jurors Wednesday that there is no reason to believe Bridges has any history of drug use. This can result in several types of patient harm, including: 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. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. There is no overarching agency or organization that records every instance of drug diversion in the United States. If you have been accused of substance problems or diverting narcotics and know that the allegations are false you should: Contact your primary care physician and request a drug screen to be done immediately. Department of Justice investigator Mark Myrdek (left) sits on the stand. She said she routinely visited the break room to grab a snack, check her cell phone or use the staff restroom inside, which she assumed was cleaner than the public ones. She said his physician gave her the go-ahead to administer a small dosage of morphine as a preventative measure, and that she later documented it in her nurses notes. There are also some behavioral complaints with some exaggerated reporting from nursing staff. 1625 Prince Street Do not pocket or store anymore drugs in anticipation of needing them later. This field is for validation purposes and should be left unchanged. NEW! Carrying it around in your pocket is just asking for trouble. Just follow policy. The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. you did it, 2.) 13,952 Posts. allnurses is a Nursing Career & Support site for Nurses and Students. Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. 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? Akeya Lee . 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. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Do not pocket or store anymore drugs in anticipation of needing them later. Maybe in can be shown by other witness testimony that he had the drugs.The only way a warrantcan be out for your arrest is ifa Complaint was filed. chris camozzi musician. Change your practice habits to keep your job and your license. Since 1997, allnurses is trusted by nurses around the globe. You need to change yesterday. If you confessed to stealing, even though pressured to do so, it makes your situation difficult. var sellablestring = "MONITOR STAFF"; Illinois dentist accused of diverting patients' anesthesia drug for personal use. on Tuesday, 04 August 2015. Fast forward to your recent interview in a different health care system. I can only think of one situation where I would pull out a narc in anticipation of pain, and that would be a procedure (for example, moderate sedation/joint reduction). If youre both ordering and putting away drugs, thats a bad thing because you can order six bottles when you only need five and keep one for yourself, Hayes notes. Alexandria, Virginia 22314-2882 Im sorry this is so long but I wanted you to have the full story. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a controlled substance by fraud, one count of tampering with consumer products, and three . In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. If you are diverting medication you need to get help. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. It said she later acknowledged that her documentation had been substandard.. He references several high-profile diversion cases in which the diverters used the same syringe full of medicine on both themselves and their patients, spreading bacterial infections and hepatitis. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. , ASIS International John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. Not always! Lady Luck (Colorado Mountain, #3) by. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? The Investigation is where the BRN finds the proof that you diverted. Chapman Law Group has a team of attorneys skilled in representing licensed health professionals in state, federal, and administrative courts during trials and administrative hearings. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. 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. We give them CEUs of classes on charting. I hate to tell you, but if you have controlled substances and dispense narcotics, youve got diversion going on, says Cherie Mitchell, president of drug diversion software company HelioMetrics. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. More often than not the nurses would say, I wanted somebody to stop me. The opioid addiction in America has lit my practice on fire, she says. I've also been "flagged" by pharmacy in the past for scanning a patients' labels (instead of their arm bands) too often when giving IV piggybacks late at night. 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. Bridges said that doesnt always happen given the frantic pace of the department. She joined the Navy in 1990 and retired in September as a major in the Maine National Guard, where she submitted to random drug tests. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. She stresses the importance of constantly mixing up the personnel who order and stock medications. 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. Hospital staff called the pattern unusual. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. I work on a really busy floor and I often have pulled out a pain med in expectation that the patient will ask for it, though when I go into their room, they are sleeping or don't want it at that time. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. Specializes in Complex pediatrics turned LTC/subacute geriatrics. Falsely accused for hit a teammate drug tested sent home 2hour after it happened This happened at a cross walk that the person was not in they was tat the pole I made a turn from a stopped position to park my order . Specializes in Emergency, Telemetry, Transplant. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. They pull out meds and "hold" them or document as given but take them themselves or take them home. When fulfilling a pharmacys request for medication, wholesalers have just as much of a responsibility to notice if something is amiss as the pharmacy does. Prospective clients may not obtain the same or similar results. Having support is essential when you're accused of something that you haven't done. Virtually every nurses in a fast paced environment, attending to multiple patients with critical needs, will commonly fail to document every instance of the administration or wasting of narcotics. Healthcare providers are in very stressful jobs, Hayes says. Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. I know your aware moving forward you will pull pts meds when you are about to administer them; you will have to prioritize what needs to be done afterwards-if you are able to delegate, so be it, if not during staffing, learn to cluster care and try to be mindful to anticipate who needs meds, what pts may need what supplies if they are having frequent code browns, what can a confused pt have as activities to help prevent a fall, etc., so you won't feel the need to carry meds on your person when your pt doesn't need them; ask for assistance as far as strategies for seasoned coworkers as well. //LBtag_id.innerHTML = ''; The correct way is to assess the patient, if the patient has pain and asks for a pain medication you take it out, waste right away the amount you are not giving with a nurse present, and go straight to the room to administer it. There are different drugs today, of course, than there were 20 years ago.. For a free initial consultation, call 866-970-0783 or contact our .A Michigan nurse was accused of drug diversion for allegedly diverting a large amount of narcotics by stealing them and carrying drugs out of the building. Three nurses indicted this week in Warren County are accused of stealing opioids from their patients for their own use, according to authorities. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? Seek support. Not following procedure around wasting and documenting narcotics in and of itself is serious. Has 4 years experience. So be smart and get a lawyer. In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. Before the facility started the annual training, Leon caught at least one diverter a month. 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 . I was brought to a conference room after a night shift in 2009. The statistics Ive seen at hospitals that are being proactive and looking at this are finding at least one person a month who is diverting drugs in their facility. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. A facility that identifies a diversion problem might bring in any combination of players, from private investigators and local law enforcement to state accreditation boards or the U.S. Drug Enforcement Agency (DEA). Pharmacies. Maybe his prints are on the container in which the drugs were found. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. 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. Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Nurse Sentenced in Drug Diversion and Tampering Scheme. If you have to surrender yourself in Court, so be it. Has 42 years experience. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. 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. 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. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. Instead, they insist she was unfairly and haphazardly targeted, and that the case exposes the serious flaws of an emergency department that still depends on paper records and whose administrators dont realize how divergent policy and practice become in the rush of the job. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. 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? When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. tampering and narcotics diversion. The people they are finding now are the people that have the needle in their arm or somebody has reported them. The employer also may be named in the defamation suit under the theory of Respondeat superior. He kept a trained eye on one registered nurse who was suspected of stealing hydromorphone, an opioid pain medication, for her personal use. The patients were well-known to me and would have had to be woken up over and over to be scanned. Recommended Stories Reuters Anger in. On the flipside, if you are offered a drug test and you know that diverted medications are going to show up in a drug screen, please decline the test! 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. Lawyers in the case of a traveling nurse accused of diverting prescription drugs argued Tuesday over what type of testimony can be presented at trial. Not just security personnel should be involved with the diversion aspect, he says. We get a glowing testimonial from your new supervisor. Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. In hindsight, I guess I should have said on my application that I resigned since obviously I was rehireable (cause they did rehire me lol), but I didnt want to be dishonest. 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. I will tell you whether Diversion is the only way to save your career. These investigators investigate all kinds of complaints regarding all kinds of professions and they are not experts in medical charting or the Nursing Practices Act. This may be the case with some law firms, but it is not the case with us. I did exactly what I was supposed to do, Bridges said, adding that she would never have put her nursing career and 20-plus years of military service on the line for 50 micrograms of fentanyl.. Problem solved. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. Illinois dentist accused of diverting patients' anesthesia drug for personal use Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a controlled substance by fraud, one count of tampering with consumer products, and three counts of false statements related to health care matters. However, the protections that these laws provide - through protection from abuse (PFA) orders - are triggered immediately after someone claims that they are the victim of domestic violence. Yes, you may well be "flagged" in their system as a "Do not hire". allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. The U.S. Drug Enforcement Agency (DEA) has also brought charges against California pharmacists for violating the Controlled Substances Act (CSA) and the Combat Methamphetamine Epidemic Act ("CMEA") portion of the CSA citing diversion of a significant amount of controlled substances, failure to control the pharmacies' inventory of . Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. var photocredit = photocredit.toUpperCase(); Are you sure it was hydromorphone? and she was insisting she had, Leon says. When prospective employers are doing reference checks, who are they calling? [Recommended Reading: Whos Liable for an Active Shooter Incident? They have called all of their witnesses, and Bridges is the defenses only witness. 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. Look, these individuals are not bad individuals. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. 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. Prosecutors say doctors never signed off on the orders Bridges claims they gave her, and insist her behavior over the five weeks she worked in the hospitals emergency department was suspicious. I was wondering if anyone has any experience of being falsely accused of med diversion due to giving meds 1-2 hours after pulling them out of the pyxis. Similarly, it is important to rotate who delivers the drugs to the patient floors. They are under a lot of pressure to catch instances of diversion, and repeatedly pulling a narc an hour of more before you give it is a definite red flag. Our fees are flat, so there are never any surprises and never any additional fees to us. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. There is much more on these accusations in the blog, make sure to familiarize yourself with what these terms mean and what the outcome can be. I needed help, didnt know how to ask for it, and I was hoping somebody would stop me. Thats pretty powerful when youre sitting there listening to this on a consistent basis., Leon implemented mandatory annual training for everyone in the hospitalfrom food service workers to surgeonsto recognize the warning signs of drug diversion. In another, Bridges said that her patient, a man with cancer, had been taking high doses of morphine at home and was at risk of going through withdrawals while he waited for hours for a bed in the main part of the hospital. Rate this book. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Your license is the single most valuable thing you have in your life. 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. These Accusations always call for revocation of the RN license, but in the thousands of cases we have defended, this has happened only twice to our clients (remember that earlier, super- subtle plug about the amazing attorney?) These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. Check out this guide to help you assess your schools safety readiness for the upcoming year. Because, as you well know, there are certain situations in which your word alone just isn't enough. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. Some medications can also trigger false positives for an illicit drug. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" Staff have said she showed no outward signs of drug use. If we allow this person to resign rather than take action against him, then we dont have to report it.. At this point, Leon knew exactly what was going on, and watched with increasing alarm as the nurse headed to a patients room in the orthopedic area of the hospital. 3. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. We have defended thousands of RNs facing the BRN. She has no criminal record. You have to keep those investigative skills up, but you have to spend equal amount of time on prevention and awareness.. The circumstances of your case may differ from the results provided. We show them a box full of clean drug tests. The Royals' New Family Photo Is Causing Major Drama Right Now. This is a horrible catch 22 in which to find yourself because you are faced with only 2 outcomes as the BRN sees it: 1.) . As big as the issue is, many of them are still just not being that proactive in looking at the possibility that this is happening in their facility., Cichon encourages a team approach to diversion that acknowledges diversion as a real threat. Human resources, pharmacy personnel, security, everyone is being brought into this investigation, because the bigger picture is patient safety. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. Murphy, who worked for the DEA for 25 years, now helps companies follow mandates he calls vague and difficult to interpret. For example, DEA requires anyone carrying controlled substances to report the theft or significant loss of any controlled substance within one business day of discovery., This hospital had 13 vials of morphine that went missing and someone called me in to find out why, Hayes says. Wholesalers. Allegations of diversion always stem from charting issues, always. Very understaffed working place. Happens to me all the time. Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. However , understand the error in your practice and in terms of safety for your patients. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. 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. Review the policy.Pharmacy has a protocol that THEY must follow. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. The process, called wasting, requires the healthcare worker to take a fresh vial or syringe full of medication and then dispose of the excess, leaving only the correct dosageall with a witness present. Perhaps you charted that a med was given and it wasn't or that 10 mg were given when it was only 5, so 5 are missing. Even though the accusations may be unfair and untrue, the situation is real. Please spend some time reading the Diversion section of the blog, for more information. Agreed with the above. Home Accused of Diverting Drugs. Create well-written care plans that meets your patient's health goals. It takes an average of 4 hours to review your case. There are many ways in which drugs can be diverted in a pharmacy setting, including: Falsifying orders to cover for missing meds Stealing medication from drug storage areas Creating fake medication orders for personal use ring of haste 5e, immaculate conception church bulletin, why is a hummingbird a keystone species, nya wilcomatic ltd on bank statement, pat haden family, trucking companies that will hire anyone, robert bearden fort worth obituary, beanies make my forehead itch, porco rosso ending explained, advanced urology centers of new york bethpage, country club of st albans membership cost, horry county property tax records by address, exodus 34:5 7 commentary, judge salomone boulder, boyertown trolley for sale,

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