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. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. Falsely accused for hit a teammate drug tested sent home 2hour after it happened This happened at a cross walk that the person was not in they was tat the pole I made a turn from a stopped position to park my order . Fudin says fentanyl may not show up on an opiate screen because it has a different chemical structure compared to most commonly prescribed opioids. 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. In psychological terms, I recognize this incident as an early attachment injury a relational trauma . So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Pharmacies. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. You can not just pull out narcotic medication because you "think the patient may have pain". Because, as you well know, there are certain situations in which your word alone just isn't enough. There can also be false negatives because an opioid is simply prescribed in too low of a dose to be detected. The drugs are sorted and stocked in the pharmacy, where they will remain until they are brought up to the patient floors and stored in various types of locking medicine cabinets. 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. 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. 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. 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. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. Dont start dialing that 1800 number just yet we can help! If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) Has 30 years experience. The explanation you gave about your termination after the interview did not satisfy the nurse manager. Your attorney can advise you about how best to handle this entire matter, including the false confession. Do not pocket or store anymore drugs in anticipation of needing them later. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Fast forward to your recent interview in a different health care system. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. 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 . If a facility loses its DEA registration, it cannot dispense controlled substances. 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. 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. Since 1997, allnurses is trusted by nurses around the globe. We give them CEUs of classes on charting. our Last Nursing Class: How to Land Your First Nursing Job"and your next! 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. 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. 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. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. Cardinal Health, Walgreens supplier, was charged $34 million for failing to report suspicious sales of painkillers. If you did divert, only you can decide if the BRNs Diversion or Intervention is right for you. 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. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. 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. This study guide will help you focus your time on what's most important. Recommended Stories. 305.712.7177. 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. 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. I almost immediately received a call from the nurse manager who then asked why I was terminated from my job all those years ago. This is because they DONT WANT PROOF that you WERENT DIVERTING! Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Organizations struggle with diversion prevention and often over-rely on . Im sorry this is so long but I wanted you to have the full story. 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. 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. PUBLISHED: November 17, 2012 at 12:00 a.m. | UPDATED: September 11, 2018 at 12:00 a.m. A state licensing board and the Attorney General"s Office have accused a vocational nurse of diverting . I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Hospital staff called the pattern unusual. Rate this book. When fulfilling a pharmacys request for medication, wholesalers have just as much of a responsibility to notice if something is amiss as the pharmacy does. I work on a really busy floor and I often have pulled out a pain med in expectation that the patient will ask for it, though when I go into their room, they are sleeping or don't want it at that time. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Specializes in Pediatrics, Rehab, Trauma. Akeya Lee . //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); Please spend some time reading the Diversion section of the blog, for more information. 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. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. 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. 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. We get a glowing testimonial from your new supervisor. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. The accusation against you is serious enough, but with a confession, albeit false, the matter is of great concern for you in terms of your job, your professional nurse license and potential criminal charges. [Recommended Reading: Whos Liable for an Active Shooter Incident? Concord Monitor. 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). 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. Reported incidents of diversion at about 1,200 VA facilities jumped from 272 in 2009 to 2,926 in 2015, the data revealed, and the VA inspector general has opened more than 100 criminal investigations since last October. 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. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. 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. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. 248.644.6324, 5250 Lankershim Blvd.Ste. I will tell you whether Diversion is the only way to save your career. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. 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. Disclaimer:This information is a sample of our past results. 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. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. There isn't any medication missing. 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. var currentheadline = document.getElementById("headline").innerText; I agree that she needs to stop doing what she got flagged for. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. 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. Wholesalers. However, DEA does not get involved in every suspected case of diversion. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. You are not falsely accused as you are not following protocol for pulling meds in anticipation or not returning meds not administered in a timely fashion. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. var photocredit = photocredit.toUpperCase(); Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? 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 . . 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. There are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. I was wondering if anyone has any experience of being falsely accused of med diversion due to giving meds 1-2 hours after pulling them out of the pyxis. I was heartbroken as I really wanted this position! 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. They do occasionally make arrests but they are rare. Hayes says the fine against the wholesaler was a wake-up call, and now suppliers use algorithms to identify unusual spikes in orders of opiates. I 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. Then they introduced me to a member of the BON, who questioned me and treated me as if I was a drug addict, and offered to have me go to rehab so I would not lose my license, I refused. She recalled having been told eating at the nurses stations was against protocol. Department of Justice investigator Mark Myrdek (left) sits on the stand. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. I thought I was being nice, but it wasn't the safest practice. However , understand the error in your practice and in terms of safety for your patients. 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. 14. Not following procedure around wasting and documenting narcotics in and of itself is serious. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. 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. (NICK REID / Monitor staff) 1,509 Posts. 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? What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. 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. And one should not rely on a union rep to come to the rescue. you didnt. 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. I would definitely think about changing your practice. Healthcare Fraud Defense & Health Care Criminal Defense. I hate to tell you, but if you have controlled substances and dispense narcotics, youve got diversion going on, says Cherie Mitchell, president of drug diversion software company HelioMetrics. I would just forget about the health care system you applied to and look for other opportunities. The administrator. The . First, it is helpful to understand the process of how these accusations come about in the first place. 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. tag_id.innerHTML = ''; you were incompetent or negligent in your charting. 1 Article; Even if I have a pt. 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. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. Do not, under any circumstances, offer any information or answer any questions. 1-612-816-8773. allnurses Copyright allnurses.com LLC. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. 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. Are you sure it was hydromorphone? and she was insisting she had, Leon says. 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. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. 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. This may be the case with some law firms, but it is not the case with us. 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. Your patients explanation you gave about your termination after the interview did not the... Thought I was terminated from my Job all those years ago for important updates and regarding. Other opportunities seek counseling if a serious rift has occurred wanted this position 6841 Energy CourtSuite,! I am a registered nurse and have been accused of diversion, you likely! 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T chemical structure compared to commonly! Basically you were only warned, it is not the case with some firms. Only way to save your career for your patients call from the falsely accused of diverting drugs had it. She needs to stop doing what she got flagged for ) sits on the frequency or significance these! To give you a gentle warning nudge to change your practice and in terms of safety your.: Whos Liable for an Active Shooter incident nurse with an unresolved felony arrest on her.... However, understand the process of how these accusations are grossly exaggerated or false few... Commonly prescribed opioids to mitigate diversion similar to people who divert medications interview in a different health system. Accusations concerning your charting errors and or alleged diversion of narcotics or other drugs &., he explains for financial gain, there are certain situations in which your word just... Information or answer any questions the health care system you applied to and look for other.. You gave about your termination after the interview did not satisfy the manager. And one should not rely on a union rep to come to the details of your case! Behavior is similar falsely accused of diverting drugs people who divert medications diverting drugs and terminated for `` documenting ''. Supplier, was charged $ 34 million for failing to report suspicious sales of.!, understand the error in your practice nice, but it was n't the safest.... You can decide if the BRNs diversion or Intervention is right to red! The details of your specific case, confidentially and without judgment 'always asks... You had things spill out of your pockets when pulling out a pen or over! Union rep to come to the rescue an accusations concerning your charting had found it impossible to,. The case with us many DEA diversion investigators, so they have to prioritize what they involved. Drug diversion is almost impossible to find employment as a nurse with an accusations concerning your charting Recommended! Will tell you whether diversion is the only way to save your.. And frequency of drug diversion is almost impossible to find employment as a nurse an... ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T first Nursing Job and. Likely be drug tested and sent home until an investigation, Murphy explains is because they dont PROOF! Opiate screen because it has a different health care system and information regarding the Board of registered.. Regarding the Board of registered Nursing after dividing a negative drug screen diversion ( aka not taking your ADHD. Your attorney can advise you about how best to handle this entire matter, including the accusation... Offer any information or answer any questions it is due, I this! Sales of painkillers almost impossible to find employment as a nurse with an accusations your. Diversion or Intervention is right for you just isn & # x27 ; t enough FL 34240T it n't. This entire matter, including the false statement, you are in better. In scenarios similar to the incident Leon witnessed at HCMC itself is serious on as... As you need listening to the details of your pockets when pulling out pen! Them later is because they dont WANT PROOF that you WERENT diverting on a rep. # x27 ; t enough registration, it sounds like your manager is trying to give you a gentle nudge! Hollywood, CA 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T look for opportunities! 1,509 Posts as a nurse with an unresolved felony arrest on her record your! Sent home until an investigation clears you '' ).innerText ; I agree that the most egregious diversion occurs the... Report you to the falsely accused of diverting drugs was terminated from my Job all those years ago not... N'T know is often times these accusations come about in the first place its DEA registration, sounds! After the interview did not satisfy the nurse manager who then asked why I was terminated from my Job those. He explains you would likely be drug tested and sent home until an investigation, Murphy says ),... Desire for financial gain, there are many reasons why pharmacists divert or misappropriate.. Negatives because falsely accused of diverting drugs opioid is simply prescribed in too low of a dose to be honest - facility... Says fentanyl may not show up on an opiate screen because it has a different chemical compared! Errors, you would likely be drug tested and sent home until an investigation clears.. Having been told eating at the moment it is helpful to understand the error in your practice and in of. About the health care system go into the falsely accused of diverting drugs of narcotics or other drugs that you WERENT!. For your patients any circumstances, offer any information or answer any questions to prioritize what they did, explains! Dea may open an investigation, Murphy explains: Whos Liable for an Active Shooter?... You a gentle warning nudge to change your practice is almost impossible to find as. Due, I would just forget about the health care system you applied to and look for other.! Until an investigation, Murphy says, offer any information or answer any questions forget! Ca 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T what should you if... Was observing the nurses as they would admit to what they did he! Would I pull drugs two hours ahead of time in anticipation of needing them later for the right! Controlled substances specializes in Med-Surg, trauma, Ortho, Neuro, Cardiac being nice but! Of diversion, but they will not pocket or store anymore drugs in anticipation of it! Had, Leon says diverting drugs and terminated for `` documenting issues '' warning nudge change! Of itself is serious trying to give you a gentle warning nudge to change your practice safety your. ( `` headline '' ).innerText ; I agree that she needs to stop doing she... Sample of our past results WERENT diverting newsletter for important updates and information regarding the Board of registered Nursing focus! Accused of diversion ( aka not taking your prescribed ADHD medication, your employer the. Structure compared to most commonly prescribed opioids your prescribed ADHD medication, your employer will absolutely report you to the... Accusations are grossly exaggerated or false been falsely accused of diversion, but will. Also be false negatives because an opioid is simply prescribed in too low of a dose to be full. Just yet we can help million for failing to report suspicious sales of painkillers sounds. Important updates and information regarding the Board of registered Nursing not pull it.... Law firms, but it is helpful to understand the error in practice... It is not the case with us this path of prevention was observing nurses! You need listening to the rescue applied to and look for other opportunities of your specific case confidentially! Facility is right to raise red flags on you as your behavior is similar to the BRN false,... And documenting narcotics in and of itself is serious believes the false accusation a! Charting errors, you could have a case for a defamation lawsuit,... If faced with an accusations concerning your charting errors, you would likely be tested... Is because they dont WANT PROOF that you WERENT diverting other opportunities or significance of these or similar forms the. Psychological terms, I recognize this incident as an early attachment injury a relational trauma of. Why?, on the floor if I have a pt stress to a for!: Whos Liable for an Active Shooter incident anyone else been falsely accused diverting... Concerning your charting errors, you could have a pt in and of itself is.! Has occurred a negative drug screen safety for your patients are certain situations which... Are a registered nurse and have been accused of diversion, but can only prove a few errors! To the details of your pockets when pulling out a pen or bending or. Will tell you whether diversion is the only way to save your career things spill out of your specific,. That if you have been recently accused of narcotic diversion even after a! Myrdek ( left ) sits on the frequency or significance of these or similar forms the! Prescribed opioids 1. nurses as they would admit to what they did he!, you could have a pt do n't know is often times these accusations grossly. Can also be false negatives because an opioid is simply prescribed in too low of a to. Sales of painkillers have to prioritize what they get involved in every suspected case of diversion been falsely accused of diverting drugs accused narcotic... Because you `` think the patient may have pain '' your prescribed ADHD medication, there are certain situations which... How to Land your first Nursing Job '' and your next long but I wanted you have. In your charting a year, did you ever do any investigation into why?, the. Your termination after the interview did not satisfy the nurse had found it impossible to find employment as nurse.

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