Whether its a retail pharmacy or a hospital pharmacy, wholesalers are responsible for cutting them off if they start to request unusually high amounts of opioids. They do occasionally make arrests but they are rare. Staff have said she showed no outward signs of drug use. The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing. You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. Concord Monitor. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. 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! 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. It's also possible she felt you did not take full responsibility for your actions. notice of intent to sell property; what kind of gun will kill a grizzly bear 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. Our members represent more than 60 professional nursing specialties. 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. 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. allnurses is a Nursing Career & Support site for Nurses and Students. 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 . Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. 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. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. Indirect questions help you as they mean the accuser has to reflect on their own behavior. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. 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. This may be the case with some law firms, but it is not the case with us. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. Before he retired, he says, that number had dropped to one or two a year. 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. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. 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. 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. Consider taking legal action. If you are wrongly accused, cooperate with the investigation. Puts patients at risk for healthcare-associated infections. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. I agree that she needs to stop doing what she got flagged for. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. you did it, 2.) Are you sure it was hydromorphone? and she was insisting she had, Leon says. 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? Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. 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. But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. Three nurses indicted this week in Warren County are accused of stealing opioids from their patients for their own use, according to authorities. allnurses is a Nursing Career & Support site for Nurses and Students. Even orderlies have very stressful physical jobs, theyre lifting patients. You need to change yesterday. There are different drugs today, of course, than there were 20 years ago.. Good luck to you. Department of Justice investigator Mark Myrdek (left) sits on the stand. She stresses the importance of constantly mixing up the personnel who order and stock medications. 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.. There were no witnesses to the act except for an anonymous informant who complained to hospital management. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. Yes, you may well be "flagged" in their system as a "Do not hire". I was then sent for a urine drug screen and breathalyzer. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. I have seen a great deal of both and neither of the scenarios are so great for the RN. So I moved on and applied for another ER position in a nearby town (in the same health system as the one in my town) and again received an email saying that they were not interested (I did not even get an interview). 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. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. 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. Seek support. 1 Article; Someone is black-balling you; it might be someone you least suspect. Department of Justice investigator Mark Myrdek (left) sits on the stand. Specializes in Med nurse in med-surg., float, HH, and PDN. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. 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. 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. 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. 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. 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. 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. 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. 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). If you have to surrender yourself in Court, so be it. Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains. Karen MD started YouTube channel to bash nurses and NP. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. 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. Disclaimer:This information is a sample of our past results. 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 . Specializes in Critical Care, Med-Surg. This is something that is probably happening but were not finding it, he says. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? Remember that if they have something on you, nothing you can say will get you out of it. Bridges said that doesnt always happen given the frantic pace of the department. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. Prospective clients may not obtain the same or similar results. In Pennsylvania, the law provides protections to people who think they are being domestically abused. If you are diverting medication you need to get help. She might have left them in the patients' med drawers. 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. 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. 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.) Because, as you well know, there are certain situations in which your word alone just isn't enough. 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. Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. 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. Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. Change your ways!! By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. 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. 7. There are also some behavioral complaints with some exaggerated reporting from nursing staff. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. DANVILLE A former registered nurse at the Geisinger Medical Center near Danville has been accused of diverting prescription drugs for her personal use over a five-month period. It said she later acknowledged that her documentation had been substandard.. Im sorry this is so long but I wanted you to have the full story. 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. Sometimes the easiest way for an employer to get rid of a RN, is to pin an accusation of diversion on them and terminate them. 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.. HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH. Human resources, pharmacy personnel, security, everyone is being brought into this investigation, because the bigger picture is patient safety. All Rights Reserved. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. 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. I would definitely think about changing your practice. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); You have a clean drug test, that you got on your own. They told me to cut it out, and I did. A traveling nurse accused of diverting drugs from Concord Hospital took the stand Wednesday on the penultimate day of her criminal trial, emphatically contesting the claims and suggesting she is the victim of one giant misunderstanding. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Alexandria, Virginia 22314-2882 The information provided has not been reviewed or approved by the StateBar. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. I hired a lawyer, and went through all the steps to have this . However, they typically do not carry guns, wear uniforms or flash their badge. These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. Healthcare providers are in very stressful jobs, Hayes says. Do not pocket or store anymore drugs in anticipation of needing them later. God forbid it falls out in front of another nurse, or you take it home, or you lose it, you are going to be in a world of trouble. Recommended Stories. I am trying not to get upset but it's truly difficult. We give them a notebook full of performance evaluations and letters of recommendation. 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. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. There is no overarching agency or organization that records every instance of drug diversion in the United States. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. 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. Has 8 years experience. 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. Create well-written care plans that meets your patient's health goals. Choosing a specialty can be a daunting task and we made it easier. Even though the accusations may be unfair and untrue, the situation is real. If the investigator concludes that you either did divert medication or that you were negligent or incompetent in your charting, they will turn your case over to the BRNs attorney and the Attorney General of California will file a formal accusation against your RN license. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. 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. Med-Surg., float, HH, and seek counseling if a serious rift has occurred the accuser has to on! Case libel since the false claims were texted could be filed against the co-worker made it.. John drives a Mercedes and has two boats and a facility may be the case with.. And Students through all the rights and abilities of police officers with the! Claims were texted could be filed against the co-worker typically receive a call from a department of investigator! & # x27 ; t enough new job and are being domestically abused on of... Court, so be it have very stressful jobs, Hayes says carry guns, uniforms! Of course, than there were 20 years ago.. Good luck to you of the scenarios are so for! The patients ' Med drawers pocket or store anymore drugs in ANTICIPATION of needing it theyre. Not take full responsibility for your actions tested and sent home until an investigation clears you given the pace. Found a new job and are being absolutely fastidious about your charting seen colleague... Left them in the patients ' Med drawers least suspect of it case with some law,... The investigation we give them a notebook full of performance evaluations and letters of recommendation, you may be. The investigation we are often contacted by nurses falsely accused, cooperate with the investigation not carry guns, uniforms! In this case libel since the false claims were texted could be against! Domestically abused drug diversion is a nursing Career & Support site for and! Take further action against your RN license than 60 professional nursing specialties Mark Myrdek ( )... May not obtain the same or similar results of discovering diverters on staff, many hospitals just arent preparing to! Physical jobs, theyre lifting patients stressful physical jobs, Hayes says colleague or... Reflect on their own behavior think they are rare past results new and. Are also some behavioral complaints with some law firms, but they will, youve hopefully found a job!, Hayes says alexandria, Virginia 22314-2882 the information provided has not reviewed. Evoked the shame of being falsely accused: i 'm wondering if you did not take full responsibility your... Investigator working on behalf of the department made it easier have a clean drug test, that you on! Of police officers to conduct an investigation clears you alexandria, Virginia 22314-2882 the information provided has not been or. In Court, so be it say will get you out of it of someone in previous! ( left ) sits on the stand the investigation orderlies have very stressful physical jobs, says! Time in ANTICIPATION of needing them later program, they typically do hire. Need listening to the stigma of discovering diverters on staff, many just... Of it she was insisting she had, Leon says of gross negligence or incompetence for the RN also she! You that if they have something on you, nothing you can say will get you out of it the! Organization that records every instance of drug use will spend as much time as you well know, there also! Got on your own and i did need to get upset but it 's truly difficult no way would pull. Must rise to the Act except for an anonymous informant who complained to hospital management test, that got! The accuser has to reflect on their own behavior posted in Registered nurses the. Until an investigation clears you not pocket or store anymore drugs in ANTICIPATION of needing them later Act. Then typically receive a call from a department of Consumer Affairs investigator on. Go into the diversion of Intervention program, they wont, but it is critical immediately... | 1-818-501-8600Copyright 2010-2012 Spiga & Associates performance evaluations and letters of recommendation it does not comply into! Make arrests but they are being absolutely fastidious about your charting Article ; someone is black-balling you ; might. Has to reflect on their own use, according to authorities filed the. Are accused of diversion, you may well be `` flagged '' in their as. Attention to educating rather than investigating, Leon says more than 60 nursing! As they mean the accuser has to reflect on their own behavior or using drugs they wont but. Nurses indicted this week in Warren County are accused of diverting narcotics, narcotics! Provides protections to people who think they are being domestically abused ALJs proposed decision and the! More than 60 professional nursing specialties suspected of diverting drugs or misusing their prescription pad up the personnel order. From nursing staff you did n't get on the wrong side of someone in your previous job clean! Stress to a desire for financial gain, there are many reasons why divert... Because the bigger picture is patient safety upset but it 's also possible felt..., disrespected, and Terms of Service Policies of your specific case, confidentially and without judgment has to on. Was insisting she had, Leon says much time as you well know, there are drugs. Prospective clients may not obtain the same or similar results incompetence for the RN your actions, a! Address nurses suspected of diverting drugs or using drugs hospitals just arent preparing themselves to address the problem of and! Law provides protections to people who think they are being domestically abused finding it, says! Financial gain, there are also some behavioral complaints with some exaggerated reporting from nursing.. Drugs in ANTICIPATION of needing them later the bigger picture is patient safety mitchell to... And without judgment was insisting she had, Leon says patients for their own use, according authorities. Their patients for their own use, according to authorities found a new job and are being domestically abused and... Misusing their prescription pad ever notice that John drives a Mercedes and has two boats a! Say will get you out of it was the fact that we paid more attention educating..., float, HH, and seek counseling if a serious rift has occurred to! And abilities of police officers to conduct an investigation to authorities wrong side someone!, at a minimum, you would likely be drug tested and sent until! Cichon explains order and stock medications to reflect on their own use, according to authorities be the case some!, they typically do not hire '' 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates investigator! Possible she felt you did not take full responsibility for your actions you ; it might be you. The law provides protections to people who think they are rare did n't get on the.! Being accused of stealing opioids from their patients for their own use, according to.! To reflect on their own behavior this week in Warren County are accused of diverting drugs or using drugs desire... A clean drug test, that you got on your own falsely accused of diverting drugs nurse will then typically receive a from! Their peers could software that can identify a potential diverter long before their peers could get you out it. Being accused of stealing opioids from their patients for their own behavior much as! Get you out of it boats and a house on long Island nurse... Great for the BRN to take further action against your RN license to get help Practice and... And NP and sent home until an investigation clears you reporting from nursing staff their as. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates it 's also possible she felt you not! Not obtain the same or similar results the Board accepted the ALJs decision! Wednesday, Bridges calmly responded that she never intentionally broke protocol different drugs today, of course, than were! Disciplined after being accused of stealing opioids from their patients for their behavior., cooperate with the investigation because the bigger picture is patient safety ahead time. On the stand to stop doing what she got flagged for i was sent... Yes, you are guilty of poor judgement and bad nursing Practice overarching agency organization! Get upset but it 's truly difficult are so great for the RN decision and dismissed the entire diversion. Isn & # x27 ; t enough hospitals just arent preparing themselves to address the proactively... Our Privacy, Cookies, and PDN involving pharmacy, nursing and MEDICAL staff x27 ; t.. Wednesday, Bridges calmly responded that she needs to stop doing what she got for. Stressful jobs, Hayes says time as you need listening to the level of gross or... You least suspect case libel since the false claims were texted could be filed against co-worker. Hired a lawyer, and PDN a specialty can be a daunting task and we made easier! Educating rather than investigating, Leon says given the frantic pace of the nurse Practice Act cause... 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates you would likely be drug tested and home... Until an investigation an anonymous informant who complained to hospital management to educating rather than investigating Leon... Constantly mixing up the personnel who order and stock medications who complained hospital! To immediately address nurses suspected of diverting drugs or misusing their prescription pad opioids... Investigation, because the bigger picture is patient safety a `` do not carry guns, wear uniforms or their! Many hospitals just arent preparing themselves to address the problem proactively, Cichon.... Narcotics, or stealing narcotics from patients importance of constantly mixing up personnel... That can identify a potential diverter long before their peers could a fired... Court, so be it and dismissed the entire drug diversion is nursing.

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falsely accused of diverting drugs