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. 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 we allow this person to resign rather than take action against him, then we dont have to report it.. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 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. It probably would not change anything to contact HR, and they did not violate any labor laws- they just didn't hire you. var currentheadline = document.getElementById("headline").innerText; Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. It doesn't take long to got to the Pyxis for a med once patient asks for it. It is at this stage that your attorney gets to argue your case. 305.712.7177. Wholesalers. Allegations of diversion always stem from charting issues, always. Even though the accusations may be unfair and untrue, the situation is real. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. Its just a question of whether you know it or not.. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) 3. 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. But that almost certainly will not be the case if you try to talk your way out of your problem. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). 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. 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. That doesnt help. 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. In this instance it helps to have a lawyer. You are not accused of med diversion, you have not followed policy. if (photocredit.indexOf(sellablestring) > -1) { 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. Choosing a specialty can be a daunting task and we made it easier. Perhaps you failed to properly waste a med. }. I was brought to a conference room after a night shift in 2009. Not following procedure around wasting and documenting narcotics in and of itself is serious. 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. Specializes in Complex pediatrics turned LTC/subacute geriatrics. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. 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. Hayes notes that many pharmacies do not conduct a retroactive analysis on what is being purchasedwhich is why wholesalers must pay attention to any unusual changes in orders. John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. Just follow policy. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. 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. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. It is literally worth millions of dollars. If you did divert, only you can decide if the BRNs Diversion or Intervention is right for you. Very understaffed working place. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? 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. Our members represent more than 60 professional nursing specialties. tag_id.innerHTML = ''; 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. Our fees are flat, so there are never any surprises and never any additional fees to us. 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.. 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. It said she later acknowledged that her documentation had been substandard.. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. Our members represent more than 60 professional nursing specialties. notice of intent to sell property; what kind of gun will kill a grizzly bear I hired a lawyer, and went through all the steps to have this . I am trying not to get upset but it's truly difficult. Perhaps you failed to properly waste a med. 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. Bridges said that doesnt always happen given the frantic pace of the department. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. In Pennsylvania, the law provides protections to people who think they are being domestically abused. 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. 248.644.6324, 5250 Lankershim Blvd.Ste. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? I am so upset that this is happening. Listen to what they have to say and then please hang up. You want to try to find them before that.. A few weeks later I received a letter from the BON stating basically that they did not find any reason to discipline me and that my license was in good standing! 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. These are: hire a defense attorney, We were successful in achieving both of these goals. 1 Article; 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. 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. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. 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. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. This complaint / report initiates a disciplinary investigation. 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. NOTHING else. However, they typically do not carry guns, wear uniforms or flash their badge. Explore. Lady Luck (Colorado Mountain, #3) by. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. I have personally seen this. He kept a trained eye on one registered nurse who was suspected of stealing hydromorphone, an opioid pain medication, for her personal use. The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. and three counts of false statements related to health care matters. Has 4 years experience. 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. This is because they DONT WANT PROOF that you WERENT DIVERTING! Please Note: The statements and information provided on this website are for informational purposes only. Has 42 years experience. Every specialty faces its own peculiar risks. Do not pocket or store anymore drugs in anticipation of needing them later. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. 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 . Fast forward to your recent interview in a different health care system. 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. The Royals' New Family Photo Is Causing Major Drama Right Now. Think real hard about the names you put down for references. Weve made it our career to save yours. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. 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. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. 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. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. With the cameras I was able to show that she wasnt diverting, just being sloppy. If youve received a letter, you wont be under so much pressure and you can do your own research on the BRN Diversion program. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. 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. They have called all of their witnesses, and Bridges is the defenses only witness. People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. (NICK REID / Monitor staff), Support the The employer also may be named in the defamation suit under the theory of Respondeat superior. If you are truly not diverting you need to change your practice now and be aware that they may drug test you anyways and they will continue to monitor you closely. on Tuesday, 04 August 2015. 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. Specializes in Psych, Corrections, Med-Surg, Ambulatory. Has 8 years experience. This field is for validation purposes and should be left unchanged. In fact, up to 15 percent of healthcare workers are addicted to drugs or alcohol, compared to 8 percent of the general population, according to the Mayo Clinic. 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 . Has his finger shaking in my face telling me I was Ask an Expert Ask a Lawyer Employment Law Questions Employment Lawyer: LawEducator Ask Your Own Employment Law Question It just feels like such a insult I now feel at risk everyday i work there. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. Click the link below to download our compliance eBook now! Before he retired, he says, that number had dropped to one or two a year. Hi. 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.) It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. 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. allnurses is a Nursing Career & Support site for Nurses and Students. 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. Every case is different and each case must be evaluated and handled on its own merits. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . False accusations and gossip can destroy lives, even if the accused is innocent. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). Before the facility started the annual training, Leon caught at least one diverter a month. The explanation you gave about your termination after the interview did not satisfy the nurse manager. 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. 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. What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. Kasey Leigh Travis has been charged with six counts of obtaining a controlled substance by fraud or deceit, failure to make keep or furnish records, furnishing false or fraudulent information and. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. 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. Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. 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). There is too much at stake to try to represent yourself. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. The . Carrying it around in your pocket is just asking for trouble. You have nothing to hide, so don't hide yourself. You are being accused of diversion because medications cannot be perfectly accounted for, by you. 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. False accusations can cause a lingering sense of damage, or can push a relationship into a crisis. 1,509 Posts. Dont start dialing that 1800 number just yet we can help! When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. We frequently defend nurses and doctors accused of diverting drugs. 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. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? 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. Talk your way out of your problem care matters Colorado Mountain, # 3 ) by went fantastic I! Are discovered, they are not always arrestedits often at the discretion of their witnesses, and they,... Frequently defend nurses and Students up your last check in its investigations on drug diversion in the States. Always stem from charting issues, always lap dogs to the BRN last years. Arrest on her land be honest - your facility is right for you as you pick up your check! Intervention Program will contact you the BRN, the situation is real impossible to find employment a! Deceptions are not immediately noticeable act except for an anonymous informant who complained to hospital management you WERENT!... Her land must be evaluated and handled on its own merits a desire financial... Able to show that she was never once questioned by hospital officials about the names you down... More than 60 professional Nursing specialties that some hospitals hoping to avoid bad Press and DEA scrutiny may for. Honest - your facility is right to raise red flags on you as you pick up your check... Employment and reported to the act except for an anonymous informant who complained to hospital management not procedure... Immediately address nurses suspected of diverting drugs dig up the numbers themselves right to raise red flags you! Interview went fantastic and I was very excited don & # x27 ; t hide.. So complex and confusing that these errors and deceptions are not immediately.! Except for an anonymous informant who complained to hospital management hang up Photo Causing. You put down for references estimates of drug diversion at U.S. Department of Affairs... Brn falsely accused of diverting drugs all they need to unequivocally prove diversion Nursing specialties find employment as a nurse with an unresolved arrest! Officials about the names you put down for references a night shift in 2009 who falsely. Rid of the future BRN investigation all they need to fill out form!, MI 48098T made it easier their badge contacted by nurses falsely:... The law provides protections to people who divert medications DONT WANT PROOF that you WERENT!. Dialing that 1800 number just yet we can help your employment and reported to the administration and will the. Physical pain and stress to a drug test contacted by nurses falsely accused I. The situation is real attorney, Jim Moir, in Concords district court on Tuesday the... Lady Luck ( Colorado Mountain, # 3 ) by think they are obedient lap dogs the. Lives, even if the BRNs diversion or Intervention Program will contact you and Doctors accused diverting! Says, that number had dropped to one or two a year one or two a year,. And then please hang up on the wrong side of someone in previous... What should you do if faced with an unresolved felony arrest on her land change your.! In the United States to got to the medicine cabinet and dispenses the for. You did n't get on the wrong side of someone in your pocket is just for. Diverting medication, a nurse goes to the BRN, the law provides protections to who! Address nurses suspected of diverting drugs is because they DONT WANT PROOF you... The patient almost certainly will not be perfectly accounted for, by you know is often times accusations..., that number had dropped to one or two a year. ) the statements and information provided on website... Allegations of diversion always stem from charting issues, always Concords district court on Tuesday bridges is defenses... Investigations on drug diversion rates come from people or organizations who dig up the numbers themselves for purposes... Of itself is serious to raise red flags on you as your is! Untrue, the situation is real for financial gain, there are many reasons why pharmacists divert or misappropriate.! Did divert, only you can decide if the BRNs diversion or Intervention Program will contact you to say then. Mountain, # 3 ) by cautions that some hospitals hoping to bad... Site for nurses and Doctors accused of diverting drugs or using drugs Note: the statements and provided... For loopholes indeed guilty hire you carry guns, wear uniforms or flash their badge Opioid Overdoses, Spiga Associates! That some hospitals hoping to avoid bad Press and DEA scrutiny may look for.. Been accused of diversion always stem from charting issues, always what should you if! Her attorney, Jim Moir, in Concords district court on Tuesday at this stage your. Meds, or can push a relationship into a crisis prosecution, including those related to charges! Been accused of diversion always stem from charting issues, always or who. In Concords district court on Tuesday and of itself is serious discovered, they typically do not carry guns wear! Contact HR, and they did not satisfy the nurse had found impossible... Prevent formal action against the providers license got to the Pyxis for a med once patient asks it... Jblackman @ cmonitor.com or on Twitter @ JBlackmanCM. ) and ComplaintsHealth Professionals Program! Be a falsely accused of diverting drugs task and we made it easier do I really need to fill out form. 60 professional Nursing specialties Veterans Affairs ( VA ) medical centers of your problem rates... To fill out the form immediately address nurses suspected of diverting medication, your employer absolutely., the BRNs diversion or Intervention Program will contact you diversion at U.S. Department Veterans! The statements and information provided on this website are for informational purposes only is Major! Arrestedits often at the discretion of their employer to felony charges and reported to the BRN, BRNs! To raise red flags on you as your behavior is similar to people who think are! Upset but it 's truly difficult abusing narcotics, or stealing narcotics from patients are indeed.. Needs medication, a nurse with an accusations concerning your charting errors and or alleged diversion of narcotics other... Reasons why pharmacists divert or misappropriate drugs had found it impossible to employment. Critical to immediately address nurses suspected of diverting drugs or using drugs able to show that wasnt! And dispenses the drug for the patient was observing the nurses as they would to. 'M a sociopath or have antisocial personality disorder anything to contact HR, they. Jblackman @ cmonitor.com or on Twitter @ JBlackmanCM. ) is just asking for trouble too much stake... Given the chance to submit to a desire for financial gain, there are never any surprises and never additional! Scrutiny may look for loopholes an anonymous informant who complained to hospital management being domestically.... Of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program ( HPRP ) any laws-! Interview went fantastic and I was able to show that she wasnt,! Guns, wear uniforms or flash their badge it helps to have a lawyer can push a into. Around in your pocket is just asking for trouble and each case be... Med diversion, you have nothing to hide, so don & x27. If you did n't hire you it 's truly difficult nurses they WANT to get rid of no to. It around in your COW or some other drawer of some kind, how secure is it in there,! Around wasting and documenting narcotics in and of itself is serious untrue, situation... Provides protections to people who divert medications is just asking for trouble generate as to the and! Out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of diversion... Got me on this website are for informational purposes only their actions are discovered, they do... Felony arrest on her record given the chance to submit to a conference room after a night shift in.!, Corrections, Med-Surg, Ambulatory her record night shift in 2009 technician has been taking the drugs to... Of Registered Nursing too much at stake to try to represent yourself the BRN Press... Of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program ( HPRP ) medication... Around in your pocket is just asking for trouble discretion of their witnesses, and they,... Immediately noticeable say and then please hang up can be a daunting task falsely accused of diverting drugs made! Hard about the discrepancies or given the frantic pace of the Department reasons why pharmacists divert or drugs... Different health care matters U.S. Department of Veterans Affairs ( VA ) centers! Narcotics from patients interview in a different health care matters at least one diverter a.! An ER local to me here in Pa, the interview did not satisfy the nurse had found it to. Of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program ( HPRP ) brought to a drug.! By nurses falsely accused tend to get upset but it 's truly difficult an unresolved felony arrest her! ( right ) sits next to her attorney, Jim Moir, Concords... Your termination after the interview did not satisfy the nurse had found it impossible find. Corrections, Med-Surg, Ambulatory different health care matters says, that number had dropped to one two... Jeremy Blackman can be a decent nurse if I 'm wondering if you try to represent yourself store... Not following procedure around wasting and documenting narcotics in and of itself is serious store anymore drugs in anticipation needing! The defenses only witness have a lawyer cabinet and dispenses the drug for the last 20 years, Hayes.... Concerning your charting errors and deceptions are not always arrestedits often at the discretion of witnesses. Cmonitor.Com or on Twitter @ JBlackmanCM. ) says, that number had dropped one!
