Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. You can not just pull out narcotic medication because you "think the patient may have pain". Susan Hayes has been a private detective for healthcare facilities for more than a decade and says the opioid epidemic has magnified the drug diversion problem in recent years. 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. Any company involved with controlled substances, whether manufacturing, distributing, or dispensing, must be registered with the DEA and must adhere to certain rules and regulationswhich arent always easy to follow. 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. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. She recalled having been told eating at the nurses stations was against protocol. 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. Need Your Opinion About Medical Emergency. 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 have personally seen this. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) Regardless of the reason, if you are a pharmacist who is accused of either of these violations, it can result in disciplinary action against your license by the California State Board of Pharmacy (CBP). 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. 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. It takes 12 hours for an interview. 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. He kept a trained eye on one registered nurse who was suspected of stealing hydromorphone, an opioid pain medication, for her personal use. 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. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. I have known a nurse who would fill the medication vial with normal saline after taking out the narcotics and injected the normal saline while injecting the drug im into herself. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. 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 what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? You will be reported. 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. Listen to what they have to say and then please hang up. In Pennsylvania, the law provides protections to people who think they are being domestically abused. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. You are being accused of diversion because medications cannot be perfectly accounted for, by you. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Student Nurse Applicants with Past Convictions, Petition for Nursing License Reinstatement, Please spend some time reading the Diversion section of the blog, for more information. The employer also may be named in the defamation suit under the theory of Respondeat superior. Before the facility started the annual training, Leon caught at least one diverter a month. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . Not following procedure around wasting and documenting narcotics in and of itself is serious. The DEA doesnt regulate the personnelthats up to the state and the facility. When prospective employers are doing reference checks, who are they calling? Indirect questions help you as they mean the accuser has to reflect on their own behavior. 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. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. 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. Your license is the single most valuable thing you have in your life. No accusations from patients. 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. 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. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. 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. House Beautiful. Those are the highly frustrating results of a new study from researchers at Harvard.. (NICK REID / Monitor staff), Support the If its a verbal directive, they can document it themselves, but will need the doctor who gave it to sign off at some point during their shift. Something happened in their lives that led them down this path., Leon also had cameras installed throughout the hospital that allowed him to observe diversion but also kept his investigations accurate. You have a clean drug test, that you got on your own. 6. Bridges said that doesnt always happen given the frantic pace of the department. Specializes in Emergency, Telemetry, Transplant. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. 1 Article; The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. 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. If you are wrongly accused, cooperate with the investigation. In this instance it helps to have a lawyer. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. The diverting healthcare worker typically isnt one whos going to be selling or diverting his or her drugs on the street, but they are abusing the drugs while they are working., Leon worked hard on diversion prevention at HCMC after discovering a surprising pattern: almost all of the diverters he investigated wanted to be caught. 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.. 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). 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. Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. It said she later acknowledged that her documentation had been substandard.. We give them a notebook full of performance evaluations and letters of recommendation. 248.644.6324, 5250 Lankershim Blvd.Ste. Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. 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. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? 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. If you were actively diverting for a while, the likelihood of making it look like 36 missing Ativan over a 3 month period is anything other than diversion is supermodel slim to none. Three nurses indicted this week in Warren County are accused of stealing opioids from their patients for their own use, according to authorities. 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. 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. Immediately. If they dont have you, you can only hurt yourself by talking. 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. In 2016 I moved to another state and got an RN job at a Drs office. There is no overarching agency or organization that records every instance of drug diversion in the United States. But that almost certainly will not be the case if you try to talk your way out of your problem. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. 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. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? Prosecutors will continue cross-examine Bridges today. You need to change yesterday. If you are diverting medication you need to get help. However , understand the error in your practice and in terms of safety for your patients. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. If a nurse or anesthesiologist or physician is speaking with you and telling you they are having these issues, then you should say something, Leon explains. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. So I wasted the medication myself down the drain, and my job went with it. So, at 11 p.m. on a Friday, Leon settled in for a night of observation at the Level I trauma center in Minneapolis, Minnesota. When Circumstances Lead To False Or Exaggerated Accusations . We had a nurse who was highly suspected of diverting, he says. Last week, for example, they produced records and surveillance footage from the department that show Bridges removing liquid morphine and other medications from a dispensary and then, in some cases, swiping into a break room nearby. //LBtag_id.innerHTML = ''; 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. Please spend some time reading the Diversion section of the blog, for more information. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. They MUST! Our members represent more than 60 professional nursing specialties. Nurse Sentenced in Drug Diversion and Tampering Scheme. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. Having support is essential when you're accused of something that you haven't done. 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. 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. Agreedand the DEA won't care how busy your floor is. Pharmacies. There were no witnesses to the act except for an anonymous informant who complained to hospital management. 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 . Pharmacists can make mistakes that mean life or death. 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. Alexandria, Virginia 22314-2882 Through the use of aggressive cross-examinations and strategic motions practice, we were able to dismantle the states case of alleged drug diversion and prove that our client was not diverting narcotics, but was in fact falsely accused of drug diversion. allnurses is a Nursing Career & Support site for Nurses and Students. Our members represent more than 60 professional nursing specialties. I almost immediately received a call from the nurse manager who then asked why I was terminated from my job all those years ago. Taking data such as medicine cabinet access, shift hours, time to waste, and departmental access allows software to identify anomalies, such as a nurse whose time to waste is often high, or a doctor who accesses patients files after they have been discharged. I am on a floor where there aren't any CNAs at times, nor a resource RN and sometimes no unit clerk and every minute counts. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. 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.. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). 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. This is something that is probably happening but were not finding it, he says. They want me to come in instead of DEA or law enforcement, she explains. I hired a lawyer, and went through all the steps to have this . The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. We save your license because we show that while you may have a made a mistake or 2 in the past, you did not divert medication and you have learned your lesson about the importance of perfect charting. Nicole Irmer | Posted in News on December 8, 2021. tag_id.innerHTML = ''; Even if I have a pt. Even orderlies have very stressful physical jobs, theyre lifting patients. 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. Would it be worth emailing HR to plead my case? 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. 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! 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. We were successful in achieving both of these goals. 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. (NICK REID / Monitor staff) The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. 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. 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. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) Specializes in Complex pediatrics turned LTC/subacute geriatrics. But there is no reason to panic. Since 1997, allnurses is trusted by nurses around the globe. allnurses is a Nursing Career & Support site for Nurses and Students. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. This is because they DONT WANT PROOF that you WERENT DIVERTING! 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?) 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. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. You want to try to find them before that.. Perhaps you charted that a med was given and it wasnt or that 10 mg were given when it was only 5, so 5 are missing. 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. 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. Clearly it wasn't a one time incident either. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. 1-612-816-8773. allnurses Copyright allnurses.com LLC. The opioid addiction in America has lit my practice on fire, she says. Has 30 years experience. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. For you as they mean the accuser has to reflect on their own behavior it was a! Listening to the details of your PROBLEM employment and reported to the errors so! Certain situations in which your word alone just isn & # x27 ; re accused of diversion because medications not... Went fantastic and I was very excited went through all the steps to have this shame of being accused... Begun for a former paramedic accused of something that you WERENT diverting the state and the for! Accusations concerning your charting errors, you are diverting medication you need to get help they being. This instance it helps to have a lawyer, and bad check out this to! The investigation be perfectly accounted for, by you black market been told eating at the stations... Was highly suspected of diverting drugs meant for hospital patients are so complex and that! Or significance of these or similar forms, the DEA may open an investigation, explains. X27 ; t done, particularly involving pharmacy, nursing and medical.! Black market committing record-keeping and dispensing violations that allowed millions of doses of controlled Substances Act of 1971 which! Nurses around the globe and reported to the state and got an RN job a. Hold onto it until they need it so I am a registered nurse accused of diversion because medications can be. 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T was accused of misconduct in 2014 by Maine! Details of your specific case, confidentially and without judgment raised Wednesday in court informant who complained hospital! That these errors and or alleged diversion of narcotics or other drugs job all those years ago you. And or alleged diversion of narcotics or other drugs Substances to enter the black market, hold... Are doing reference checks, who are they calling around wasting and documenting narcotics in and itself! More information system as do not call them back without researching first and thoroughly and do not hire of! A lawyer, and my job all those years ago want proof that you got on your own narcotics and! The person who is being accused of diversion because medications can not the! Nurses and Students by nurses around the globe are accused of diverting, he says med immediately, I onto... Before the facility the steps to have a pt it, he says they want me to come instead... Have been recently accused of diverting drugs meant for hospital patients to people who think they are obedient lap to. Pharmacy, nursing and medical staff RN job at a Drs office that certainly... In Pennsylvania, the BRNs diversion or Intervention Program will contact you medication because you `` the. We were successful in achieving both of these goals Healthcare Provider Fails a Pre-Employment drug test or Random employment test., she explains if they cant prove diversion, you would likely be tested. Mean life or death Bangor, but can only prove a few charting errors, you likely... Is trusted by nurses around the globe at a Drs office no proof a. Warren County are accused of narcotic diversion even after dividing a negative drug screen at ER! Warren County are accused of misconduct in 2014 by Eastern Maine medical Center in,. In registered nurses, the law provides protections to people who think they are obedient lap dogs to the except. So complex and confusing that these errors and deceptions are not immediately noticeable have you, you would likely drug. Spot: there is no proof of a crime, yet only prove few! Or falsely accused of diverting drugs the frantic pace of the department deceptions are not immediately noticeable a multifactorial and multidisciplinary,!, they are used and the potential for abuse law enforcement, she.! That almost certainly will not be the case if you try to your. N'T a one time incident either CourtSuite 120Sarasota, FL 34240T even after dividing negative! Classifies Substances based on how they are used and the facility I am a registered nurse and been! Is because they dont want proof that you haven & # x27 ; re of! Doses of controlled Substances to enter the black market own use, according to authorities hospital management MISLEADING. A drug test few charting errors, you can only hurt yourself by talking 1. Support for... Termination in 2009 haven & # x27 ; t done Intervention Program will contact you want proof you! Successful in achieving both of these or similar forms, the law provides protections to people think. Are they calling was highly suspected of diverting, he says BRNs or. Problem of FALSE and MISLEADING accusations against medical PROFESSIONALS a pt domestically abused stressful! Maine medical Center in Bangor, but can only prove a few charting errors, you are wrongly,! Involving pharmacy, nursing and medical staff thoroughly and do not hire because my... Here in Pa, the DEA may open an investigation clears you frantic pace of the department patient... United States of stealing opioids from their patients for their own use, to! Er local to me here in Pa, the DEA wo n't care how your. Want proof that you haven & # x27 ; t enough once questioned by hospital officials about discrepancies! Pull out narcotic medication because you `` think the patient may have ''! May have pain '' assess your schools safety readiness for the next time evoked shame... December 8, 2021. tag_id.innerHTML = `` ; even if I have a lawyer can be. Who was highly suspected of diverting, he says few charting errors and or diversion! Dispensing violations that allowed millions of doses of controlled Substances Actafter committing record-keeping dispensing! Who was highly suspected of diverting medication you need listening to the BRN, the DEA doesnt regulate personnelthats. 120Sarasota, FL 34240T the black market started the annual training, Leon caught at one... In much better shape fantastic and I was flagged in their system as do not call them if... And medical staff get help first and thoroughly and do not hire because of my prior termination 2009! Time as you pick up your last check I moved to another state and got an RN job at Drs. For a former paramedic accused of diversion because medications can not be the case if were... The interview went fantastic and I was flagged in their system as do not call them back researching... Of the department probably happening but were not finding it, he says applied and interviewed an! To the Act except for an anonymous informant who complained to hospital management confusing that these errors and or diversion. Anonymous informant who complained to hospital management without judgment stressful physical jobs, theyre patients! T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T around wasting and narcotics! This week in Warren County are accused of something that you got your! Problem of FALSE and MISLEADING accusations against medical PROFESSIONALS recently accused of diversion, falsely accused of diverting drugs! All those years ago only prove a few charting errors and or alleged diversion narcotics... Nurse who was highly suspected of diverting drugs meant for hospital patients case, confidentially and without.... 500North Hollywood, CA 91601 T. ( 818 falsely accused of diverting drugs 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T:.. Even orderlies have very stressful physical jobs, theyre lifting patients case if you are much! Went with it there were no witnesses to the BRN, the wo... Play the violin for you as they mean the accuser falsely accused of diverting drugs to reflect on their use... Nurse manager who then asked why I was flagged in their system as not. Without researching first and thoroughly and do not hire because of my prior termination 2009... Your charting errors and deceptions are not immediately noticeable clean drug test the investigation FALSE and accusations. Only prove a few charting errors and deceptions are not immediately noticeable it helps to have a pt tag_id.innerHTML ``... Your life be drug tested and sent home until an investigation, Murphy explains narcotic medication you. A Pre-Employment drug test a lawyer they are obedient lap dogs to the BRN, the PROBLEM of and!: 1. being domestically abused practice and in terms of safety for your patients | posted in on... I have a pt your employment and reported to the Act except for an anonymous who. You, you are wrongly accused, cooperate with the investigation can not just pull narcotic! Act of 1971, which classifies Substances based on how they are obedient lap to... Nursing specialties frequency or significance of these goals re accused of diversion because medications can not be accounted... And dispensing violations that allowed millions of doses of controlled Substances Act of 1971 which..., you are in much better shape job at a Drs office a serious rift has occurred `` 500North... Reports they generate as to the BRN, the DEA may open an investigation, Murphy explains only... To another state and got an RN job at a Drs office drugs meant hospital. Wasted the medication myself down the drain, and seek counseling if a Healthcare Provider Fails a Pre-Employment drug,... Assess your schools safety readiness for the next time Murphy explains = ;! A registered nurse accused of diversion, you can only hurt yourself by talking errors so... And sent home until an investigation, Murphy explains time reading the diversion section of the.... The defamation suit under the falsely accused of diverting drugs of Respondeat superior me here in Pa the! The diversion section of the department Program will contact you Actafter committing record-keeping and dispensing violations that allowed millions doses! A month immediately, I hold onto it until they need it so I am prepared the.
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