falsely accused of diverting drugs

If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. Expectations Are Changing, Introducing the New Executive Protection Certificate. Even though the accusations may be unfair and untrue, the situation is real. So, calendar your case and appear in court. 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. Agreed with the above. And who wants to go back to community college for accounting yuck! So be smart and get a lawyer. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. Department of Justice investigator Mark Myrdek (left) sits on the stand. 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. 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.. It takes about 4-6 months for a BRN investigator to contact you. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. This is because they DONT WANT PROOF that you WERENT DIVERTING! 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. Indirect questions help you as they mean the accuser has to reflect on their own behavior. Change your ways!! Fast forward to your recent interview in a different health care system. 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. 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. A person cando five thingsif he/she is falsely accused of a crime. However, they typically do not carry guns, wear uniforms or flash their badge. If you confessed to stealing, even though pressured to do so, it makes your situation difficult. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? var photocredit = photocredit.toUpperCase(); John Burke, president of the International Health Facility Diversion Association, extrapolated data he obtained from facilities in Ohio to estimate the presence of 37,000 diverters in healthcare facilities across the country each year. We give them CEUs of classes on charting. 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. 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. Weve made it our career to save yours. chris camozzi musician. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) 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.. 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. 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 you are wrongly accused, cooperate with the investigation. It said she later acknowledged that her documentation had been substandard.. There is too much at stake to try to represent yourself. They MUST! 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. It takes an average of 4 hours to review your case. I thought I was being nice, but it wasn't the safest practice. 248.644.6326F. 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. This includes accusations of drug or alcohol impairment, unlawful possession of drugs, drug diversion, and criminal drug charges. Saving nurses licenses is literally all that we do, and because of this, we know exactly how much time it takes, and therefor exactly how much it will cost you. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. Often they are bamboozled by reports misrepresenting chart and Pyxis information. 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. Carrying it around in your pocket is just asking for trouble. Since 1997, allnurses is trusted by nurses around the globe. var sellablestring = "MONITOR STAFF"; A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. Organizations struggle with diversion prevention and often over-rely on . Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. You need to change yesterday. 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. 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. The Royals' New Family Photo Is Causing Major Drama Right Now. Completion of the Diversion Program is the only way at that this matter will remain confidential. Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. Your employer will also probably not require a drug test. 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. Department of Justice investigator Mark Myrdek (left) sits on the stand. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. We were successful in achieving both of these goals. There were no witnesses to the act except for an anonymous informant who complained to hospital management. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. }. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. Secondly, no matter how friendly, understanding or honest they may seem to be THEY ARE NOT YOUR FRIENDS AND THEY ARE NOT ON YOUR SIDE! 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. While filing a complaint with the BRN is not mandated by law . This complaint / report initiates a disciplinary investigation. NOTHING else. 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. They all have problems. 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. Please Note: The statements and information provided on this website are for informational purposes only. 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. The jury's award came after the criminal charges were dropped seven months after being filed and a letter was sent by the State Attorney's office stat-ing she had been cleared of suspicion. 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. 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. 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. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. I was brought to a conference room after a night shift in 2009. It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. They want me to come in instead of DEA or law enforcement, she explains. I am so upset and frustrated since my manager recently told me that the pharmacy put me on an alert list for possible medication diversion. We give them a notebook full of performance evaluations and letters of recommendation. Placing a narc in your pocket can be grounds for immediate dismissal. 6. 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. Remember that if they have something on you, nothing you can say will get you out of it. She recalled having been told eating at the nurses stations was against protocol. 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). Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains. I promise, you wont need a 2nd on your home and your 401k can stay put until you retire from NURSING because we will keep your career as a RN safe. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. They pull out meds and "hold" them or document as given but take them themselves or take them home. I would definitely think about changing your practice. 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). 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. you did it, 2.) Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. Nearly 8,000 people in eight states needed hepatitis tests after . Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license. Specializes in SICU, trauma, neuro. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Not always! Cichon notes that the lack of standards when addressing diversion makes it more likely that offenders could slip through the cracks and move on to continue diverting drugs at another facility. But dont turn to the impairment program first do this instead. House Beautiful. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. Leon raced to the room and saw that the doctors had given the patient the saline the nurse had brought up. Now hang on a minute. In this instance it helps to have a lawyer. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Our fees are flat, so there are never any surprises and never any additional fees to us. 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. When prospective employers are doing reference checks, who are they calling? I was accused at my former job of drug diversion and let go. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. Just follow policy. When prescription medicines are obtained or used illegally, it is called drug diversion. 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? 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. That doesnt help. Perhaps you failed to properly waste a med. 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. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. You can not just pull out narcotic medication because you "think the patient may have pain". But there is no reason to panic. Rate this book. 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. Specializes in Pediatrics, Rehab, Trauma. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. Before the facility started the annual training, Leon caught at least one diverter a month. Specializes in Psych, Corrections, Med-Surg, Ambulatory. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. He kept a trained eye on one registered nurse who was suspected of stealing hydromorphone, an opioid pain medication, for her personal use. 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. 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. Expectations Are Changing]. (NICK REID / Monitor staff) '"; Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. 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. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? Prospective clients may not obtain the same or similar results. 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 . Home Accused of Diverting 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. However , understand the error in your practice and in terms of safety for your patients. Not just security personnel should be involved with the diversion aspect, he says. 1625 Prince Street There was a poster recently that lost their job and were reported to the BoN & authorities for mishandling controlled & prescription only substances by pulling & "holding" onto narcotics & Benadryl "just in case" in a pocket. 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. There isn't any medication missing. Has 16 years experience. If your employer believes that you were stealing medication especially if it was pharmaceutical meds, of course you can be fired for that - or any lawful reason. 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 will tell you whether Diversion is the only way to save your career. Create well-written care plans that meets your patient's health goals. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Has 10 years experience. 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 Critical Care, Med-Surg. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. Our members represent more than 60 professional nursing specialties. Please call me if you are reading this post because you are a RN accused of diverting medication. It is no secret that attorneys are not cheap, but losing your RN license is a much bigger financial impact and participation in Diversion will cost you about $18,000.00 over the three or more years you are stuck in it. I was ultimately terminated for documenting issues. 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. First, it is helpful to understand the process of how these accusations come about in the first place. and three counts of false statements related to health care matters. Specializes in HH, Peds, Rehab, Clinical. 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. Every entity that has a DEA program should have diversion protocols in place because if they dont they are playing Russian roulette with theft and loss and their DEA registration, Murphy says. 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. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. Similarly, it is important to rotate who delivers the drugs to the patient floors. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. Clearly it wasn't a one time incident either. DEA will look at these recordkeeping forms and determine if in fact everything has been filled out correctly, that they have been keeping good records, he says. 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. No accusations from patients. It's also possible she felt you did not take full responsibility for your actions. 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. Choosing a specialty can be a daunting task and we made it easier. Disclaimer:This information is a sample of our past results. 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. 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. Would it be worth emailing HR to plead my case? Fast forward to your recent interview in a different health care system. The people they are finding now are the people that have the needle in their arm or somebody has reported them. Allegations of diversion always stem from charting issues, always. Department of Justice investigator Mark Myrdek (left) sits on the stand. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. 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. You are not accused of med diversion, you have not followed policy. In psychological terms, I recognize this incident as an early attachment injury a relational trauma . I hired a lawyer, and went through all the steps to have this . //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. 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. 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. In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. 248.644.6324, 5250 Lankershim Blvd.Ste. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) Through a series of tough negotiations with the prosecutor and by portraying a strong defensive position, we were successful in dismissing four of the five counts and obtaining diversion pursuant to MCL 333.7411. 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! How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? I was falsely accused of drug diversion. Think real hard about the names you put down for references. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. Are you sure it was hydromorphone? and she was insisting she had, Leon says. But that almost certainly will not be the case if you try to talk your way out of your problem. 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. 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. I have been falsely accused of drug diversion. 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. A pre-employment or random drug test fail could mean your medical or nursing license. Design: Artsteez, THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES. In Pennsylvania, the law provides protections to people who think they are being domestically abused. Puts patients at risk for healthcare-associated infections. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. Consider taking legal action. Dont start dialing that 1800 number just yet we can help! You need to change yesterday. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. Create well-written care plans that meets your patient's health goals. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. Your license is the single most valuable thing you have in your life. False accusations can cause a lingering sense of damage, or can push a relationship into a crisis. Wholesalers. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. var tag_id = document.getElementById('buylinkBridgesTestimony-CM-051916,ph02'); 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). Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. 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. I was then sent for a urine drug screen and breathalyzer. 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. 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. 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. 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. 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. Nurses have emotional attachments to patients that they see die. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. allnurses is a Nursing Career & Support site for Nurses and Students. (NICK REID / Monitor staff), Support the No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. 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. You have nothing to hide, so don't hide yourself. Happens to me all the time. 14. Author, "Your Last Nursing Class: How to Land Your First Nursing Job"and your next! Allegations of diversion always stem from charting issues, always. There are different drugs today, of course, than there were 20 years ago.. If you have to surrender yourself in Court, so be it. Agreedand the DEA won't care how busy your floor is. 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. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Review the policy.Pharmacy has a protocol that THEY must follow. 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. While prosecutors have outlined the case as clear-cut deception, Bridgess defense insists its anything but. Even orderlies have very stressful physical jobs, theyre lifting patients. Maybe his prints are on the container in which the drugs were found. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. 305.712.7177. 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. (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). She never said she put meds in her pocket or on her person. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. It doesn't take long to got to the Pyxis for a med once patient asks for it. notice of intent to sell property; what kind of gun will kill a grizzly bear Those are the highly frustrating results of a new study from researchers at Harvard.. 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. [Recommended Reading: Whos Liable for an Active Shooter Incident? Perhaps you failed to properly waste a med. Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. The I-Team 8 investigation found nurses accused of stealing prescription pain pills were more often granted probation on their license and allowed to return to work - potentially putting. Has 8 years experience. 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. 13,952 Posts. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . Has 42 years experience. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 you didnt. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. Do not, under any circumstances, offer any information or answer any questions. Copyright 2023 RN Guardian, All rights reserved. Prosecutors will continue cross-examine Bridges today. Specializes in Med nurse in med-surg., float, HH, and PDN. Murphy notes that DEA typically has no role in individual cases of diversion. 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. 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. I was heartbroken as I really wanted this position! Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. Closing arguments are expected to follow. 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. Recommended Stories. It is literally worth millions of dollars. However, those are just the numbers that were legally prescribedabout 75 percent of people who take opioids recreationally get them from a friend or family member. on Tuesday, 04 August 2015. 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. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. *For licenses in other states, please visit TAANA. These se things can all lead to you either losing the med or actually being accused of diversion. During both hearings, we were able to successfully cross-examine HPRP representatives, the clients evaluators, and fact witnesses, as well as provide favorable character testimony on behalf of our client. Unless you haven't been completely forthcoming, then there's something shady going on. 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. 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. I have been beyond frustrated with the work environment and now I am being falsely accused of this. Before he retired, he says, that number had dropped to one or two a year. I can personally tell you that I dealt with the same issues 15 or 20 years ago that the healthcare arena is facing today, specifically in the drug abuse and diversion by their own hospital healthcare employees, says Charlie Cichon, executive director of the National Association of Drug Diversion Investigators (NADDI) and a member of the ASIS International Pharmaceutical Security Council. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. This study guide will help you focus your time on what's most important. 1 Article; tag_id.innerHTML = ''; If you did divert, only you can decide if the BRNs Diversion or Intervention is right for you. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. We get a glowing testimonial from your new supervisor. After an investigation into a diverter is opened, it is unclear what happens to the offender. Problem solved. I have personally seen this. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. 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. 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. Akeya Lee . Concord Monitor. Its just a question of whether you know it or not.. Staff have said she showed no outward signs of drug use. Controlled substance management is dictated by a number of laws, including the U.S. With the cameras I was able to show that she wasnt diverting, just being sloppy. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. 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. Having support is essential when you're accused of something that you haven't done. If your reputation is under attack, Dr. Phil has advice on taking your power back: Accept that there is no way you can erase what has happened. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. Bridges said that doesnt always happen given the frantic pace of the department. 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. I honestly cant believe after all this time this has come back to haunt me. We had a nurse who was highly suspected of diverting, he says. 3. Listen to what they have to say and then please hang up. The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing. Every case is different and each case must be evaluated and handled on its own merits. , ASIS International What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. There is no overarching agency or organization that records every instance of drug diversion in the United States. 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. 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. 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. 1-612-816-8773. allnurses Copyright allnurses.com LLC. Your attorney can advise you about how best to handle this entire matter, including the false confession. 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. It takes 12 hours for an interview. You were cleared of everything, yet it's all coming back and keeping you from getting hired. 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. Take the extra 5 minutes to pull med school per policy. It is a charge that should be taken very seriously. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. Good luck to you. If we allow this person to resign rather than take action against him, then we dont have to report it.. The information provided has not been reviewed or approved by the StateBar. When Circumstances Lead To False Or Exaggerated Accusations . Our members represent more than 60 professional nursing specialties. Its no secret that opioid addiction has reached epidemic levels in the United States. . These are: hire a defense attorney, Alexandria, Virginia 22314-2882 John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. Specializes in Med nurse in med-surg., float, HH, and PDN. USA, Whos Liable for an Active Shooter Incident? Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. There are many reasons why a person may get falsely accused of a crime. Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 52 people in the United States die every day from overdosing on prescription painkillers. Has 30 years experience. Please spend some time reading the Diversion section of the blog, for more information. 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. She now faces 11 felony counts of illegal possession. The circumstances of your case may differ from the results provided. This may be the case with some law firms, but it is not the case with us. our Last Nursing Class: How to Land Your First Nursing Job"and your next! Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. 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. The patients were well-known to me and would have had to be woken up over and over to be scanned. 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 . Sabrina Thalblum . In 2010, hydrocodone prescriptions were filled 131.2 million times at retail pharmacies alone, making it the most commonly prescribed medication, according to the Mayo Clinic. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Drug diversion in the United States is a nebulous problem that is widespread but rarely discussed, experts say. Hospital staff called the pattern unusual. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. Has 4 years experience. It is at this stage that your attorney gets to argue your case. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. 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. 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. 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. This can result in several types of patient harm, including: Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. 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. 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. 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