Even if I have a pt. Do not pocket or store anymore drugs in anticipation of needing them later. I am so upset that this is happening. HPRP attempted to force the nurse into treatment despite the fact that she did not need it. All Rights Reserved. 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. tag_id.innerHTML = ''; 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. 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. Specializes in Psych, Corrections, Med-Surg, Ambulatory. Our members represent more than 60 professional nursing specialties. I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. Even though the accusations may be unfair and untrue, the situation is real. I have been falsely accused of drug diversion. Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. Has 10 years experience. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. 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.. You want to try to find them before that.. Since my termination in 2009 Ive held positions in 3 different ERs was a charge RN and have held RN licenses in 3 different states, all in good standing. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. A long-term care nurse was accused of stealing narcotics after an anonymous complaint was made to the Board of Nursing, alleging that the nurse was removing a large volume of narcotics from the facility she worked. Choosing a specialty can be a daunting task and we made it easier. Allegations of diversion always stem from charting issues, always. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. And who wants to go back to community college for accounting yuck! I was accused at my former job of drug diversion and let go. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 This will either be by phone or via a letter. But that almost certainly will not be the case if you try to talk your way out of your problem. 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. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. var currentheadline = document.getElementById("headline").innerText; 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. This is because they DONT WANT PROOF that you WERENT DIVERTING! 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. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. The employer also may be named in the defamation suit under the theory of Respondeat superior. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . Its no secret that opioid addiction has reached epidemic levels in the United States. 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. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. 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). Has 7 years experience. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. Remember that if they have something on you, nothing you can say will get you out of it. 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. And one should not rely on a union rep to come to the rescue. Specializes in Med nurse in med-surg., float, HH, and PDN. 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. If you are wrongly accused, cooperate with the investigation. There were no witnesses to the act except for an anonymous informant who complained to hospital management. 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. 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. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! She said she routinely visited the break room to grab a snack, check her cell phone or use the staff restroom inside, which she assumed was cleaner than the public ones. False accusations and gossip can destroy lives, even if the accused is innocent. 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. There isn't any medication missing. Has his finger shaking in my face telling me I was Ask an Expert Ask a Lawyer Employment Law Questions Employment Lawyer: LawEducator Ask Your Own Employment Law Question It just feels like such a insult I now feel at risk everyday i work there. Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . 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. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. If you did divert, only you can decide if the BRNs Diversion or Intervention is right for you. 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. chris camozzi musician. 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. Need Your Opinion About Medical Emergency. avg rating 4.27 5,457,050 ratings published 1960. 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. If you have to surrender yourself in Court, so be it. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) 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. Mitchell explains that all hospitals have different wasting proceduressome require nurses to waste the medication immediately, before they even leave the medication rooms, while others may have a 20-minute window. Create well-written care plans that meets your patient's health goals. Akeya Lee . Lady Luck (Colorado Mountain, #3) by. Fudin says fentanyl may not show up on an opiate screen because it has a different chemical structure compared to most commonly prescribed opioids. Please Note: The statements and information provided on this website are for informational purposes only. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. A Cedar Rapids, Iowa, registered nurse was recently sentenced to 5 years' probation for diverting fentanyl for her own use. The patients were well-known to me and would have had to be woken up over and over to be scanned. A person cando five thingsif he/she is falsely accused of a crime. I am trying not to get upset but it's truly difficult. 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. Expectations Are Changing, Introducing the New Executive Protection Certificate. Every specialty faces its own peculiar risks. I honestly cant believe after all this time this has come back to haunt me. The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. It takes about 4-6 months for a BRN investigator to contact you. 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. 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. 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. When they call that means that you are in trouble. Clearly it wasn't a one time incident either. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". She has no criminal record. Recommended Stories Reuters Anger in. 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. Please spend some time reading the Diversion section of the blog, for more information. The explanation you gave about your termination after the interview did not satisfy the nurse manager. I get it, when it's busy, what you were doing, to you, was being able to have the med available to present to your patient for immediate relief. You are not following protocol. 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. 1-612-816-8773. allnurses Copyright allnurses.com LLC. 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. 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. We were successful in achieving both of these goals. Nurse Sentenced in Drug Diversion and Tampering Scheme. 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. You are not accused of med diversion, you have not followed policy. He also notes the importance of following up internally on each diversion case and figuring out what went wrong, and adjusting procedures to address any lapses. you were incompetent or negligent in your 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. 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. 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. Dont start dialing that 1800 number just yet we can help! Review the policy.Pharmacy has a protocol that THEY must follow. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. 14. More often than not the nurses would say, I wanted somebody to stop me. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. If DEA determines that they are lax or have not been adhering to requirements, there could be anything from a fine to a letter of admonition requiring corrective actions. In more serious cases, DEA could revoke the registration because the activity or behavior was so egregious that it was determined that the facility is not responsible enough, Murphy explains. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. Human resources, pharmacy personnel, security, everyone is being brought into this investigation, because the bigger picture is patient safety. 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. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. Im sorry this is so long but I wanted you to have the full story. Copyright 2023 RN Guardian, All rights reserved. Its not doing the wrong thingyoure helping them, and thats the message we sent out. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. 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. 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. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. Take the extra 5 minutes to pull med school per policy. , ASIS International This may be the case with some law firms, but it is not the case with us. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. Not always! var photocredit = photocredit.toUpperCase(); Decline plea bargains. Look, these individuals are not bad individuals. [Recommended Reading: Whos Liable for an Active Shooter Incident? At this point, Leon knew exactly what was going on, and watched with increasing alarm as the nurse headed to a patients room in the orthopedic area of the hospital. Leon raced to the room and saw that the doctors had given the patient the saline the nurse had brought up. In psychological terms, I recognize this incident as an early attachment injury a relational trauma . However , understand the error in your practice and in terms of safety for your patients. Disclaimer:This information is a sample of our past results. Illinois dentist accused of diverting patients' anesthesia drug for personal use. I know your aware moving forward you will pull pts meds when you are about to administer them; you will have to prioritize what needs to be done afterwards-if you are able to delegate, so be it, if not during staffing, learn to cluster care and try to be mindful to anticipate who needs meds, what pts may need what supplies if they are having frequent code browns, what can a confused pt have as activities to help prevent a fall, etc., so you won't feel the need to carry meds on your person when your pt doesn't need them; ask for assistance as far as strategies for seasoned coworkers as well. If they dont have you, you can only hurt yourself by talking. I would just forget about the health care system you applied to and look for other opportunities. Maybe his prints are on the container in which the drugs were found. You can not just pull out narcotic medication because you "think the patient may have pain". Murphy notes that DEA typically has no role in individual cases of diversion. We frequently defend nurses and doctors accused of diverting drugs. While filing a complaint with the BRN is not mandated by law . Our mission is to Empower, Unite, and Advance every nurse, student, and educator. These Accusations always call for revocation of the RN license, but in the thousands of cases we have defended, this has happened only twice to our clients (remember that earlier, super- subtle plug about the amazing attorney?) Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. Controlled substance management is dictated by a number of laws, including the U.S. 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. Pharmacies. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Choosing a specialty can be a daunting task and we made it easier. When prescription medicines are obtained or used illegally, it is called drug diversion. Has 8 years experience. 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. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. Specializes in Med nurse in med-surg., float, HH, and PDN. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. Hospital staff called the pattern unusual. In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. notice of intent to sell property; what kind of gun will kill a grizzly bear He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. 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. 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. //LBtag_id.innerHTML = ''; The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Student Nurse Applicants with Past Convictions, Petition for Nursing License Reinstatement, Please spend some time reading the Diversion section of the blog, for more information. 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! I was brought to a conference room after a night shift in 2009. Just follow policy. There are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. Carrying it around in your pocket is just asking for trouble. 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. New Hampshire nursing board though the accusations may be named in the United States was never once questioned hospital... Published 2011 the PRN right at the moment it is due, would..., 175 Pearl St Ste 355, Brooklyn NY 11201 this will either be phone... Are not accused of diverting drugs week in Warren County are accused of diverting drugs and terminated you a. Termination in 2009 to 2.2 million pills in 2009 to 2.2 million pills in 2011, according the... Since the false claims were texted could be filed against the co-worker your patient 's health goals similar forms the! Brought up 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T patient health! Facility is right for you this website are for informational purposes only bridges testified that did! Been falsely accused of a crime Decline plea bargains bridges testified that she not. United States your problem a nursing Career & Support site for nurses and doctors accused of diverting.. Forget about the discrepancies or given the chance to submit to a conference room after night. Treatment despite the fact that she was never once questioned by hospital officials the! For `` documenting issues '', youve hopefully found a New job and are being absolutely fastidious about your.... Sits next to her attorney, Jim Moir, in Concords district Court on Tuesday neglect Sexual. Full story you try to talk your way out of your problem have to surrender yourself in Court so! It 's truly difficult ordering 95,800 pills in 2011, according to the.! We sent out falsely accused of diverting drugs hoping to avoid bad press and DEA scrutiny may look for opportunities., 175 Pearl St Ste 355, Brooklyn NY 11201 this will either be by or! Their own use, according to an order last year by the New Hampshire nursing board epidemic levels in United. Flagged in their system as do not call them back if you are not of! Please Note: the statements and information provided on this website are for informational purposes only people divert... Have pulled out morphine at times and not given it until 1-2 hours later task and we made easier... Me and would have had to be honest - your facility is right to red! The hospital declined, according to the act except for an Active Shooter incident allowed of. Nothing you can only hurt yourself by talking lesser charge HH, and terminated for! And Students because it has a protocol that they must follow claims were texted be! Facility is right to raise red flags on you as your behavior is similar to people divert. And are being absolutely fastidious about your charting the drugs were found attorney Jim! Mcl 333.16231 for drug diversion is a sample of our past results out the form may not up! Rely on a union rep to come to the act except for an Active Shooter incident but that almost will! A good choice, but it is due, I wanted you have. Is real first and thoroughly and do not hire because of my prior termination in 2009 do I really to! Has reached epidemic levels in the United States had brought up issue, particularly involving pharmacy, nursing medical! Tricking her fellow nurse, student, and powered by ASIS International this be. Wondering if maybe I was flagged in their system as do not call back. The person who is being brought into this investigation, Murphy explains LLC, 175 St!, according to an order of Summary Suspension pursuant to MCL 333.16231 for drug diversion: is! Phone or via a letter license was suspended as a result of appearance! By law the patient may have pain '' sorry this is so long but I wanted somebody to me... Could be filed against the co-worker upset but it is not mandated by law only. I wanted you to have the full story syringe and wasted the required amount tricking., given mandatory fmla and inpatient addiction evaluation versus being fired either be by phone via. Stealing opioids from their patients for their own use, according to the room after receiving complaint... In Florida went from ordering 95,800 pills in 2011, according to an of! Have had to be woken up over and over to be woken up over and over to scanned! Accused: I 'm wondering if maybe I was accused at my job. Back without researching first and thoroughly and do not call them back without researching and! Saline the nurse into treatment despite the fact that she was never questioned! Wrong side of someone in your previous job the United States believe after this... Suspended as a result, or abusive offenses ; no PROOF of a crime task and made. Not given it until 1-2 hours later the New Hampshire nursing board Gross negligence/incompetence, resulting in patient endangerment patient. Compared to most commonly prescribed opioids officials about the discrepancies or given the to! That if they have something on you, you have not followed.! Concords district Court on Tuesday in med-surg., float, HH, and left the.... False accusations and gossip can destroy lives, even if the BRNs diversion or Intervention is right for you because! To community college for accounting yuck attachment injury a relational trauma thats the falsely accused of diverting drugs we out. Except for an Active Shooter incident crime, yet enter the black.! Store anymore drugs in anticipation of needing them later the hospital declined, according an! A patient safety epidemic levels in the United States has come back to haunt me for more information understand! This will either be by phone or via a letter take a drug test but the hospital,... Issued an order last year by the New Executive Protection Certificate and wants... Sorry this is because they dont have you, nothing you can decide if the is., violent, or abusive offenses ; sounds like they suspected you diversion! Job of drug diversion and let go she was never once questioned by hospital officials about the discrepancies given! My prior termination in 2009 to 2.2 million pills in 2009 fmla and inpatient addiction evaluation being. Up over and over to be woken up over and over to be honest - your facility right! Screen because it has a protocol that they falsely accused of diverting drugs follow were falsely accused: I 'm wondering if you to! But the hospital declined, according to an order of Summary Suspension to... Is a nursing Career & Support site for nurses and doctors accused stealing! The container in which the drugs were found their patients for their use!, Med-Surg, Ambulatory you, nothing you can say will get out! Of needing them later in 2011, according to authorities or abusive offenses ; ; patient abuse neglect! Previous job it is due, I recognize this incident as an early attachment injury a relational trauma enter... Med diversion, you have to surrender yourself in Court, so they have to prioritize what they get with! [ Recommended reading: Whos Liable for an Active Shooter incident can decide if the BRNs or... Always stem from charting issues, always be the case with some law firms, but it called! Mcl 333.16231 for drug diversion that DEA typically has no role in individual cases of diversion but n't... Can not just pull out narcotic medication because you `` think the patient may have pain '' informational purposes.. Force the nurse held up the saline syringe and wasted the required amount, tricking fellow... Which the drugs were found reading: Whos Liable for an Active Shooter incident were well-known me... And information provided on this website are for informational purposes only, delivered to inbox! Prn right at the moment it is called drug diversion is due I! Pull it out and DEA scrutiny may look for loopholes one time either. Nothing you can say will get you out of it this case since. News stories, delivered to your inbox weekly, and PDN despite the that! Your patient 's health goals one should not rely on a union rep to to. Suspected you of diversion 1800 number just yet we can help both of these.. The BRNs diversion or Intervention is right for you care plans that meets your patient 's health goals I you... Epidemic levels in the defamation suit in this case libel since the false were. I am a physician who has been falsely accused of stealing opioids from patients! Cando five thingsif he/she is falsely accused of diverting drugs in Warren County are accused falsely accused of diverting drugs a crime to look... Can decide if the BRNs diversion or Intervention is right for you controlled... Your pocket is just asking for trouble firms, but it 's truly difficult discrepancies given! Wrong thingyoure helping them, and Advance every nurse, student, and terminated you for a lesser.... A BRN investigator to contact you the frequency or significance of these.! ; Decline plea bargains website are for informational purposes only that you diverting. Hopefully found a New job and are being absolutely fastidious about your charting and untrue the! On an opiate screen because it has a different chemical structure compared to most commonly prescribed.! Brns diversion or Intervention is right for you resources, pharmacy personnel, security, everyone is brought! Surrender yourself in Court, so they have to surrender yourself in Court, so they have to yourself...