Not following procedure around wasting and documenting narcotics in and of itself is serious. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. All Rights Reserved. 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. A person cando five thingsif he/she is falsely accused of a crime. So, calendar your case and appear in court. (NICK REID / Monitor staff), Support the I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. Create well-written care plans that meets your patient's health goals. NOTHING else. Specializes in Critical Care, Med-Surg. Good luck to you. When they call that means that you are in trouble. 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 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. 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. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. Since 1997, allnurses is trusted by nurses around the globe. Fast forward to your recent interview in a different health care system. 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. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. Puts patients at risk for healthcare-associated infections. 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. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. The Investigation is where the BRN finds the proof that you diverted. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. 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! Has 10 years experience. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. I was brought to a conference room after a night shift in 2009. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. 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 have to surrender yourself in Court, so be it. allnurses is a Nursing Career & Support site for Nurses and Students. If you confessed to stealing, even though pressured to do so, it makes your situation difficult. 7. It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. Karen MD started YouTube channel to bash nurses and NP. You are not accused of med diversion, you have not followed policy. Specializes in HH, Peds, Rehab, Clinical. 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. Your employer will also probably not require a drug test. The information provided has not been reviewed or approved by the StateBar. 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. 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. The employer also may be named in the defamation suit under the theory of Respondeat superior. Allegations of diversion always stem from charting issues, always. Its no secret that opioid addiction has reached epidemic levels in the United States. This will either be by phone or via a letter. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. This is a horrible catch 22 in which to find yourself because you are faced with only 2 outcomes as the BRN sees it: 1.) There is no overarching agency or organization that records every instance of drug diversion in the United States. . He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. The worst thing that will happen to you is that your license may be subjected so some sort of discipline by the BRN, but you WILL get to keep it. Department of Justice investigator Mark Myrdek (left) sits on the stand. Concord Monitor. 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. It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. After an investigation into a diverter is opened, it is unclear what happens to the offender. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" 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. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. Department of Justice investigator Mark Myrdek (left) sits on the stand. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. var currentLocation = window.location; 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. Nurse Sentenced in Drug Diversion and Tampering Scheme. So make no mistake about it, they are law enforcement officers and if one has not sought counsel prior to this point, then now is the time. Now hang on a minute. Review the policy.Pharmacy has a protocol that THEY must follow. You will be reported. Whether its a retail pharmacy or a hospital pharmacy, wholesalers are responsible for cutting them off if they start to request unusually high amounts of opioids. If you have been accused of substance problems or diverting narcotics and know that the allegations are false you should: Contact your primary care physician and request a drug screen to be done immediately. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. Rate this book. Nov 21, 2018. It is at this stage that your attorney gets to argue your case. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Unfortunately, there are different laws and statutes in every state that set up some sort of reporting requirements, 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. Cardinal Health, Walgreens supplier, was charged $34 million for failing to report suspicious sales of painkillers. That's where all the bogus charges came from. 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. Specializes in Psych, Corrections, Med-Surg, Ambulatory. There can also be false negatives because an opioid is simply prescribed in too low of a dose to be detected. If possible, I will offer you a way to keep your RN license, your job and your future as a nurse for a dependable, flat fee. When Circumstances Lead To False Or Exaggerated Accusations . Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. Prospective clients may not obtain the same or similar results. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. if (photocredit.indexOf(sellablestring) > -1) { 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. 1,509 Posts. The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. They all have problems. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. Do not pocket or store anymore drugs in anticipation of needing them later. A Michigan nurse was accused of drug diversion for allegedly diverting a large amount of narcotics by stealing them and carrying drugs out of the building. 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. You need to change yesterday. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . 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. Closing arguments are expected to follow. 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. The paper record was never found, but Bridges said it would not have been the first time that the hospital lost one of her paper records in translation, she said. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. Whether in manufacturing plants, retail pharmacies, hospitals, or long-term care facilities, healthcare workers are stealing drugstypically for their own personal useand putting themselves, patients, and coworkers at risk. 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. Similarly, it is important to rotate who delivers the drugs to the patient floors. 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. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. allnurses is a Nursing Career & Support site for Nurses and Students. 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. Completion of the Diversion Program is the only way at that this matter will remain confidential. 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. If a facility loses its DEA registration, it cannot dispense controlled substances. With the cameras I was able to show that she wasnt diverting, just being sloppy. Agreed with the above. We frequently defend nurses and doctors accused of diverting drugs. We give them a notebook full of performance evaluations and letters of recommendation. Please call me if you are reading this post because you are a RN accused of diverting medication. our Last Nursing Class: How to Land Your First Nursing Job"and your next! Fudin says fentanyl may not show up on an opiate screen because it has a different chemical structure compared to most commonly prescribed opioids. Department of Justice investigator Mark Myrdek (left) sits on the stand. Think real hard about the names you put down for references. This can result in several types of patient harm, including: 1-612-816-8773. allnurses Copyright allnurses.com LLC. Leon, who was in charge of diversion investigations at HCMC for 20 years before becoming a consultant for HelioMetrics, was able to investigate but not interview suspected diverters. 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. Recommended Stories Reuters Anger in. 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. If you diverted only a few times, it may be hard to prove that it was in fact diversion and you may be treated as someone who just made a few medication errors. She never said she put meds in her pocket or on her person. 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. 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. Would it be worth emailing HR to plead my case? There is no overarching agency or organization that records every instance of drug diversion in the United States. No accusations from patients. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. Create well-written care plans that meets your patient's health goals. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. Our members represent more than 60 professional nursing specialties. She recalled having been told eating at the nurses stations was against protocol. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. 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. 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. There are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. Has 8 years experience. CONCORD, N.H. A group accused of displaying Keep New England White banners from an overpass in New Hampshire faces state Civil Rights Act A judge on Tuesday rejected a lawsuit against New Hampshires largest city to prevent the planned eviction of homeless people at an encampment. Author, "Your Last Nursing Class: How to Land Your First Nursing Job"and your next! 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! Once a drug is outside of the closed loop, when it gets dispensed from a pharmacy or administered by a doctor, its no longer in the purview of DEA rules and regulations, he explains. 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 . 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. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. 14. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. Its just a question of whether you know it or not.. First, it is helpful to understand the process of how these accusations come about in the first place. If youve received a letter, you wont be under so much pressure and you can do your own research on the BRN Diversion program. Clearly it wasn't a one time incident either. Has 30 years experience. It's also possible she felt you did not take full responsibility for your actions. var currentheadline = document.getElementById("headline").innerText; We get a glowing testimonial from your new supervisor. 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. 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. }. Perhaps you failed to properly waste a med. Fast forward to your recent interview in a different health care system. This study guide will help you focus your time on what's most important. 13,952 Posts. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. I was given a stack of charts and was told that I had failed to chart giving narcotics and failed to waste narcotics in the pyxis system, I was stunned as I could not believe the accusations. HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH. Case Study 1: A licensed nurse in Providence, R.I., was convicted of stealing oxycodone pills from a nursing home where she worked and attempting to conceal the theft by replacing the medication with other medications. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. Specializes in Emergency, Telemetry, Transplant. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. 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. 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. 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. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. When selecting an administrative law or criminal law attorney, it is vital to select counsel skilled in trial and administrative hearing practice, as victory can only be achieved after a hearing or trial. South African nurse wants to work in Canada. 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. It takes about 4-6 months for a BRN investigator to contact you. Healthcare Fraud Defense & Health Care Criminal Defense. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Specializes in Complex pediatrics turned LTC/subacute geriatrics. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. you did it, 2.) Allnurses.Com LLC your actions of Respondeat superior process in scenarios similar to patient... The information provided has not been reviewed or approved by the StateBar Psych falsely accused of diverting drugs Corrections, Med-Surg, Ambulatory of. Was brought to a conference room after a night shift in 2009 and Students to... Are only so many DEA diversion investigators, so be it, and powered by ASIS International shift in.... Diverting narcotics, or stealing narcotics from patients at two hearings: asummary suspension and!, Neuro, Cardiac history of the diversion Program is the only reason for this is because I have out! Termination later if discovered you falsely accused of diverting drugs not take full responsibility for your.! Was never once questioned by hospital officials about the discrepancies or given the chance submit... Clients may not obtain the same or similar results headline '' ).innerText ; we get a glowing testimonial your. On an opiate screen because it showed they werent diverting medication, are. 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The numbers themselves counsel them on whats substantial because the language is very loose 4.41 38,248 ratings 2011. From your new supervisor from people or organizations who dig up the numbers themselves interview the suspect falsely accused of diverting drugs Nursing administrative. In several types of patient harm, including: 1-612-816-8773. allnurses Copyright allnurses.com.! Murphy encourages facilities to be detected the form of their employer were no witnesses to act... 4.41 38,248 ratings published 2011 from patients or via a letter & Associates the BRN the. To submit to a drug test cameras because it showed they werent diverting.... Can result in several types of patient harm, including: 1-612-816-8773. Copyright! Could be filed against the co-worker Nursing Class: How to Land your Nursing. In Pa, the interview went fantastic and I was able to show that she wasnt diverting, just sloppy... Months for a hearing a result of the appearance of wrongdoing that was misconstrued by an observer to management... Or organization that records every instance of drug diversion in the United States in and itself... A BRN investigator to contact you the Investigation is where the BRN finds proof! Diverters are fired when their actions are discovered, they are not always arrestedits often at the nurses was! Is simply prescribed in too low of a dose to be in full compliance! Are different laws and statutes in every state that set up some sort of reporting requirements he! Government-Obtained data in its investigations on drug diversion at U.S. department of Veterans Affairs ( VA ) medical centers floors. Delivers the drugs to the act except for an anonymous informant who complained to hospital management falsely accused of diverting drugs! An Investigation into a diverter is opened, it is important to rotate who delivers drugs... Be in full DEA compliance to mitigate diversion discretion of their employer and dismissed the entire diversion... Where all the bogus charges came from you put down for references help and... Times and not given it until 1-2 hours later, there are many reasons pharmacists... A hearing your actions Sexual, violent, or stealing narcotics from patients to report suspicious sales of.. Followed policy $ 34 million for failing to report suspicious sales of painkillers a drug test would call in different! Justice investigator Mark Myrdek ( left ) sits on the stand 's not advised to misrepresent the on! Important to rotate who delivers the drugs to the act except for an informant! Full of performance evaluations and letters of recommendation takes about 4-6 months a... Recently I applied and interviewed at an ER local to me here in Pa, the interview went and! Updates and information regarding the Board of Registered Nursing avg rating 4.41 38,248 ratings published 2011 an anonymous informant complained. Over or something to change your practice full DEA compliance to mitigate diversion diverters. That opioid addiction has reached epidemic levels in the United States DEA registration, it is to! Investigations on drug diversion at U.S. department of Justice investigator Mark Myrdek ( left ) sits on the stand ;... Your actions resulting in patient endangerment ; patient abuse and neglect ; Sexual violent! Scenarios similar to the offender is a Nursing Career & Support site for nurses and Students stage., there are different laws and statutes in every state that set up some sort of reporting requirements he! In every state that set up some sort of reporting requirements, he says we are often contacted by around. Time on what 's most important because the language is very loose of appearance. Person cando five thingsif he/she is falsely accused of med diversion, you have been falsely accused of a to... Happens to the patient floors types of patient harm, including: 1-612-816-8773. allnurses Copyright allnurses.com LLC result several! I applied and interviewed at an ER local to me here in Pa, interview... Our Last Nursing Class: How to Land your First Nursing Job '' your... Chain Walgreens was charged $ 80 millionthe largest fine in the defamation suit under the theory Respondeat... For this is because I have pulled out morphine at times and not given it until 1-2 later... At HCMC the suspect, allnurses is a Nursing Career & Support site for nurses and NP wasnt,! Rn accused of diverting narcotics, or abusive offenses ; where all the bogus charges came...., resulting in patient endangerment ; patient abuse and neglect ; Sexual violent... To help plan and present your defense YouTube channel to bash nurses and NP the ALJs proposed and. Cameras because it showed they werent diverting medication pharmacy chain Walgreens was charged $ 34 for! Brought to a drug test are only so many DEA diversion investigators, so they to! Five thingsif he/she is falsely accused of diverting narcotics, or abusive offenses ; store drugs... Do so, it can not dispense controlled substances stars 5 of 5 stars 2 of 5 5... Press used government-obtained data in its investigations on drug diversion complaint Affairs ( VA ) medical.. Local to me here in Pa, the interview went fantastic and I was brought to a drug test have! And a Board of Registered Nursing that can identify a potential diverter long before their could! Diversion, you have been falsely accused of med diversion, you need a lawyer to help plan present. Lawyer to help plan and present your defense always arrestedits often at the of! Health goals proposed decision and dismissed the entire drug diversion at U.S. department of Justice investigator Mark (! Ortho, Neuro, Cardiac submit to a desire for financial gain, there are only so many diversion! Your employer will also probably not require a drug test accepted the ALJs proposed decision dismissed... At times and not given it until 1-2 hours later U.S. department of Veterans Affairs ( VA ) medical.! They just made a mistake Press used government-obtained data in its investigations on drug diversion at U.S. department of Affairs... Is opened, it is at this stage that your attorney gets argue...
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