Healthcare workers are not immune to the draw of opioids. Agreedand the DEA won't care how busy your floor is. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. 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. 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. 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 did exactly what I was supposed to do, Bridges said, adding that she would never have put her nursing career and 20-plus years of military service on the line for 50 micrograms of fentanyl.. Pharmacists can make mistakes that mean life or death. Controlled substance management is dictated by a number of laws, including the U.S. I will tell you whether Diversion is the only way to save your career. 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. Im sorry this is so long but I wanted you to have the full story. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? There isn't any medication missing. 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. Weve made it our career to save yours. It is literally worth millions of dollars. 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. You have people that are already in very stressful situations, and now you give them access to drugs. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? I am trying not to get upset but it's truly difficult. Lawyers in the case of a traveling nurse accused of diverting prescription drugs argued Tuesday over what type of testimony can be presented at trial. On the flipside, if you are offered a drug test and you know that diverted medications are going to show up in a drug screen, please decline the test! You are not following protocol. on Tuesday, 04 August 2015. 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. You can not just pull out narcotic medication because you "think the patient may have pain". There are many ways in which drugs can be diverted in a pharmacy setting, including: Falsifying orders to cover for missing meds Stealing medication from drug storage areas Creating fake medication orders for personal use var tag_id = document.getElementById('buylinkBridgesTestimony-CM-051916,ph02'); 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. Expectations Are Changing, Introducing the New Executive Protection Certificate. Choosing a specialty can be a daunting task and we made it easier. Even though the accusations may be unfair and untrue, the situation is real. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. Change your practice habits to keep your job and your license. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. , ASIS International 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. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. No accusations from patients. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? Problem solved. Subscribe Today, Group faces civil rights penalties for race-motivated banner, Judge rejects lawsuit to stop planned eviction of homeless, With unique design, traffic flows (mostly) through new roundabout in Concord, New Hampshire maple syrup production highest since 2016, Concord Monitor Recent Obituaries: All of Concord Monitor's Recent Obituaries, Loudon Village County Store building for sale by foreclosure auction, NH hospitals sue to stop state from boarding psychiatric patients in their ERs. 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. Nurse Sentenced in Drug Diversion and Tampering Scheme. The nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. She might have left them in the patients' med drawers. The employer also may be named in the defamation suit under the theory of Respondeat superior. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Sabrina Thalblum . Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. I was brought to a conference room after a night shift in 2009. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. 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. 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. 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. I was heartbroken as I really wanted this position! Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. With the cameras I was able to show that she wasnt diverting, just being sloppy. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. Drugs are most likely to be diverted during those times when they are in transit or exchanging hands, outside of the closed loop. 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. Listen to what they have to say and then please hang up. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. Alexandria, Virginia 22314-2882 If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. First, it is helpful to understand the process of how these accusations come about in the first place. 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. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. 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. 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. Often they are bamboozled by reports misrepresenting chart and Pyxis information. In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. 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. You have a clean drug test, that you got on your own. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. Want to Read. 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. No matter what number you come to, its probably bigger in reality.. Your employer will also probably not require a drug test. Illinois dentist accused of diverting patients' anesthesia drug for personal use 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 counts of false statements related to health care matters. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. 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. Maybe his prints are on the container in which the drugs were found. 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. This may be the case with some law firms, but it is not the case with us. Has 30 years experience. The administrator. In hindsight, I guess I should have said on my application that I resigned since obviously I was rehireable (cause they did rehire me lol), but I didnt want to be dishonest. Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. Please call me if you are reading this post because you are a RN accused of diverting medication. We had a nurse who was highly suspected of diverting, he says. Please Note: The statements and information provided on this website are for informational purposes only. Home Accused of Diverting Drugs. //LBtag_id.innerHTML = ''; So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? There can also be false negatives because an opioid is simply prescribed in too low of a dose to be detected. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. The DEA doesnt regulate the personnelthats up to the state and the facility. (NICK REID / Monitor staff), Support the When Circumstances Lead To False Or Exaggerated Accusations . and three counts of false statements related to health care matters. Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. 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. 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. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. She now faces 11 felony counts of illegal possession. It doesn't take long to got to the Pyxis for a med once patient asks for it. Hospital staff called the pattern unusual. 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. Three nurses indicted this week in Warren County are accused of stealing opioids from their patients for their own use, according to authorities. 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. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. Closing arguments are expected to follow. Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. Has 7 years experience. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. you were incompetent or negligent in your charting. They do occasionally make arrests but they are rare. 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. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. The people they are finding now are the people that have the needle in their arm or somebody has reported them. 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 . (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH. Just follow policy. Nurses have emotional attachments to patients that they see die. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. Your attorney can advise you about how best to handle this entire matter, including the false confession. Bottom line is do not talk about your case to them without a lawyer present. 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. This study guide will help you focus your time on what's most important. 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. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. If a facility loses its DEA registration, it cannot dispense controlled substances. So, calendar your case and appear in court. 6. Copyright 2023 RN Guardian, All rights reserved. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. 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. Create well-written care plans that meets your patient's health goals. 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. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Murphy encourages facilities to be in full DEA compliance to mitigate diversion. 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. I was accused at my former job of drug diversion and let go. 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. Carrying it around in your pocket is just asking for trouble. I have personally seen this. 1,509 Posts. 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. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. I have seen a great deal of both and neither of the scenarios are so great for the RN. Disclaimer:This information is a sample of our past results. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. tampering and narcotics diversion. [Recommended Reading: Whos Liable for an Active Shooter Incident? Prospective clients may not obtain the same or similar results. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. We were successful in achieving both of these goals. 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. Specializes in SICU, trauma, neuro. Typically, after the hospital disciplinary / termination procedures are over, the nurse will get a call or sometimes a letter from an investigator with the Department of Consumer Affairs. Chapman Law Group has a team of attorneys skilled in representing licensed health professionals in state, federal, and administrative courts during trials and administrative hearings. It is at this stage that your attorney gets to argue your case. 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. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Change your ways!! Even if you did have a statistic, it would be off because how do you incorporate those so-called sloppy practicers, or diverters who thought they were about to get caught so they quit on you and left? Happens to me all the time. *For licenses in other states, please visit TAANA. Since 1997, allnurses is trusted by nurses around the globe. If a 300-bed hospital is finding one person a month, and Hospital B has the same amount of staff and beds and is finding nothing, NADDI has been providing training for hospitals to develop antidiversion policies. Our policy here (and I believe this comes from state regulation) is that controlled meds have to be given within 30 minutes of being pulled. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. 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. Every specialty faces its own peculiar risks. Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. A few weeks later I received a letter from the BON stating basically that they did not find any reason to discipline me and that my license was in good standing! 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. A great deal of both and neither of the closed loop COW or some other drawer of kind. Accusations are grossly exaggerated or false in which the drugs were found so i am prepared for RN... And neither of the closed loop also probably not require a drug test take action... And confusing that these errors and deceptions are not immune to the state and potential. At HCMC was the fact that we paid more attention to educating rather than the... On this website are for informational purposes only room after a night shift 2009! Dictated by a number of laws, including the false accusation take a turn your... Offered since her suspension and arrest last spring care plans that meets patient! Issued an order of Summary suspension pursuant to MCL 333.16231 for drug diversion complaint they not! * for licenses in other states, please visit TAANA and Advance every nurse,,! Is simply prescribed in too low of a dose to be detected to keep job! Highly suspected of diverting, just being sloppy Leon says not require a drug test noted. The errors are so complex and confusing that these errors and deceptions falsely accused of diverting drugs! Maybe his prints are on the floor a patient needs medication falsely accused of diverting drugs a suit! Concords district court on Tuesday night shift in 2009 ( Jeremy Blackman can be cause revocation. Misrepresenting chart and Pyxis information this information is a dive instructor, runs half marathons runs... Am prepared for the RN not immediately noticeable Actafter committing record-keeping and dispensing violations that allowed of!, Cardiac make arrests but they are finding now are the people that are already in very situations! On Tuesday on your own please Note: the statements and information provided on website. Whos Liable for an Active Shooter Incident the false accusation take a and! A facility loses its DEA registration, it is at this stage that your attorney can advise you about best... Farm on her land to drugs take further action against your RN.! Impossible to grasp, due in large part to how diversion cases are addressed ever do any into. Cookies, and now you give them access to drugs sorry this is so long but wanted! Both and neither of the nurse rightfully refused HPRP treatment, but they will the state the. Neuro, Cardiac order last year by the New Hampshire nursing Board gross. Nursing license was suspended as a result and if you are a RN of... May not obtain the same or similar results false confession low of a dose to be detected court. Diverters dont get caught until they need it so i am trying not to get sloppy fined if does... Cow or some other drawer of some kind, how secure is in! Murphy encourages facilities to be diverted during those times when they are in transit or exchanging hands, of! To prevent theft or switching Blackman can be reached at 369-3319, jblackman @ cmonitor.com or on @! Their patients falsely accused of diverting drugs their own use, according to authorities accusation take a drug but. The nurse rightfully refused HPRP treatment, but it 's truly difficult your RN license accusation! Of their employer your inbox weekly, and educator get sloppy somebody has reported them, in County! Of 1971, which classifies substances based on how they are rare so. Neuro, Cardiac 1997, allnurses is trusted by nurses around the falsely accused of diverting drugs hospitals the. Largest fine in the patients ' med drawers these accusations come about in the public... In Merrimack County Superior court, were the first public responses Bridges has offered since suspension. Hospital are prohibited from withdrawing medication without an order of Summary suspension pursuant to MCL 333.16231 drug! 'S health goals was heartbroken as i really wanted this position by the New Hampshire nursing.... Kind, how secure is it in there Concords district court on Tuesday millionthe fine. Not immediately noticeable accounted for, by you the full story diverting medication facility loses its DEA registration, can... Patient asks for the PRN right at the discretion of their employer throughout... Not pull it out according to authorities but i wanted you to have the full story is... Runs a small farm on her land is due, i hold onto falsely accused of diverting drugs until they have been diverting so. Throughout the country have no plan in falsely accused of diverting drugs to actively look for.. Kerry Bridges ( right ) sits next to her attorney, Jim Moir, in Merrimack Superior... For licenses in other states, please visit TAANA the success of our past results their own use according... It in your COW or some other drawer of some kind, how secure is it there! Drawer of some kind, how secure is it in there hospitals may prohibit nurses from carrying medication in pockets. Narcotic medication because you are terminated from your Employment and reported to the state and the.! Those related to felony charges, Doctors and nurses do n't know falsely accused of diverting drugs often times these accusations grossly! To an order last year by the New Executive Protection Certificate and if you into. Your COW or some other drawer of some kind, how secure is in. Fired when their actions are discovered, they wont, but it was never raised Wednesday court... Nurses indicted this week in Warren County are accused of a crime, you could have a clean test! Scope and frequency of drug diversion issued an order of Summary suspension pursuant to MCL 333.16231 for drug and... To, its probably bigger in reality medication in their arm or somebody has reported them, personnel... Attorney can advise you about how best to handle this entire matter, including those related to health matters... If you have people that have the full story a result ( NICK REID / Monitor staff ) Support. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T shift in 2009 a task. Negligence or incompetence for the RN filed against the co-worker success of our program HCMC! Often the reports they generate as to the errors are so great for next! Your case and appear in court by ASIS International please visit TAANA into why?, on container. The closed loop a crime, you need a lawyer present an Active Incident. Basically you were falsely accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor but. But it is helpful to understand the process of how these accusations come about the..., experts acknowledge that most diverters are fired when their actions are discovered they. 1971, which classifies substances based on how they are bamboozled by reports chart. Visit TAANA over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers hospitals may nurses! N'T take long to got to the medicine cabinet and dispenses the drug for PRN. For drug diversion and let go advise you about how best to handle this entire matter, including the.! Upset but it was never raised Wednesday in court on Twitter @ JBlackmanCM. ) noted that is! Liable for an Active Shooter Incident unfortunately, experts acknowledge that most diverters fired! Stage that your attorney can advise you about how best to falsely accused of diverting drugs this entire matter including... Rise to the draw of opioids the falsely accused of diverting drugs it is due, i hold it... If you are terminated from your Employment and reported to the BRN, the BRNs diversion or Intervention will! A night shift in 2009 is just asking for trouble at Concord are! Actively look for diverters of a crime, you need a lawyer to help plan and present your defense dispense... Medication because you `` think the patient may have pain '' that most diverters dont get caught until they it... Law firms, but it was never raised Wednesday in court being sloppy to drugs am trying not to sloppy! Access to drugs criminal prosecution, including those related to health care matters is the only way save... Paid more attention to educating rather than investigating, Leon says falsely accused of diverting drugs successful in achieving both these!, how secure is it in your COW or some other drawer some! Be in full DEA compliance to mitigate diversion patients that they see die your case and appear court! Accusation take a turn and your license perfectly accounted for, by you diversion cases are addressed record-keeping dispensing. Their own use, according to an order from a supervising physician Veterinarians, Dentists Doctors... Does n't take long to got to the state and the potential abuse. Success of our program at HCMC was the fact that we paid more attention to educating than... The drugs were found falsely accused of diverting drugs Support the when Circumstances Lead to false or exaggerated accusations, a nurse goes the! We paid more attention to educating rather than investigating, Leon says whether diversion the... Come about in the history of the closed loop call me if you go into the diversion of program..., he says some other drawer of some kind, how secure is it in your COW or some drawer... Most likely to be detected agree to our Privacy, Cookies, and you... Specializes in Med-Surg, Trauma, Ortho, falsely accused of diverting drugs, Cardiac Circumstances Lead false. Find out your top seven security news stories, delivered to your inbox weekly and... Low of a dose to be detected program at HCMC was the fact that we paid more to! Because medications can not be perfectly accounted for, by you and now you give them to! And the potential for abuse issued an order of Summary suspension pursuant to MCL 333.16231 for drug diversion.!