Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. }. 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. 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. No matter what number you come to, its probably bigger in reality.. The DEA doesnt regulate the personnelthats up to the state and the facility. So be smart and get a lawyer. These are: hire a defense attorney, Hospital staff called the pattern unusual. I needed help, didnt know how to ask for it, and I was hoping somebody would stop me. Thats pretty powerful when youre sitting there listening to this on a consistent basis., Leon implemented mandatory annual training for everyone in the hospitalfrom food service workers to surgeonsto recognize the warning signs of drug diversion. You have people that are already in very stressful situations, and now you give them access to drugs. Every specialty faces its own peculiar risks. Specializes in SICU, trauma, neuro. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . The process of investigation and charges can be lengthy and in the overwhelming majority of cases, what starts with a bang ends with a whimper. Fast forward to your recent interview in a different health care system. 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. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. It's also possible she felt you did not take full responsibility for your actions. 13,952 Posts. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. 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. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! Change your ways!! Lady Luck (Colorado Mountain, #3) by. The I-Team 8 investigation found nurses accused of stealing prescription pain pills were more often granted probation on their license and allowed to return to work - potentially putting. notice of intent to sell property; what kind of gun will kill a grizzly bear I have seen a great deal of both and neither of the scenarios are so great for the RN. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. Since 1997, allnurses is trusted by nurses around the globe. Nurse Sentenced in Drug Diversion and Tampering Scheme. 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. However, if youve done any research, you may think that youll have to mortgage your house or cash out your 401K because fees can run in the tens of thousands. If a nurse or anesthesiologist or physician is speaking with you and telling you they are having these issues, then you should say something, Leon explains. I am so upset that this is happening. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? Seek support. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. Just follow policy. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. 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. Has 4 years experience. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. 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. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. Secondly, no matter how friendly, understanding or honest they may seem to be THEY ARE NOT YOUR FRIENDS AND THEY ARE NOT ON YOUR SIDE! 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. Designed to give you the foundational knowledge and skills you need to become a more dynamic security professional, including EP specific threat and risk assessment, protective intelligence, advance planning and more. Decline plea bargains. Nov 21, 2018. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. 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. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. 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. 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. In this instance it helps to have a lawyer. These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. Placing a narc in your pocket can be grounds for immediate dismissal. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? Problem solved. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. More often than not the nurses would say, I wanted somebody to stop me. 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. You want to try to find them before that.. However , understand the error in your practice and in terms of safety for your patients. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. Im sorry this is so long but I wanted you to have the full story. The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing. If a facility loses its DEA registration, it cannot dispense controlled substances. 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. 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. Home Accused of Diverting Drugs. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. These se things can all lead to you either losing the med or actually being accused of diversion. Drugs are most likely to be diverted during those times when they are in transit or exchanging hands, outside of the closed loop. This may be the case with some law firms, but it is not the case with us. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. Expectations Are Changing]. Specializes in Tele, ICU, Staff Development, Freelance Writer. 14. var currentLocation = window.location; The administrator. Please Note: The statements and information provided on this website are for informational purposes only. Your employer will also probably not require a drug test. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. 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? We get a glowing testimonial from your new supervisor. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. Specializes in Critical Care, Med-Surg. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. Once the hospital makes an adverse finding or fires a nurse, they then generate a report to forward to The California Board of Registered Nursing. Agreed with the above. 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. 1-612-816-8773. allnurses Copyright allnurses.com LLC. People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. The BRN MUST investigate every allegation of diversion or violation of the NPA, and because you know the BRN already has been notified because they offered you the Diversion program, you know that they are going to investigate. Perhaps you charted that a med was given and it wasnt or that 10 mg were given when it was only 5, so 5 are missing. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. The goal is to identify these people as quickly as possible so they are no longer a risk to themselves or the patients or anyone they work with.. 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. They MUST! If you are diverting medication you need to get help. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. I was falsely accused of drug diversion. 1 Article; We frequently defend nurses and doctors accused of diverting drugs. 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. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. 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. Protect it! 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. I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. 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. 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?) I would just forget about the health care system you applied to and look for other opportunities. Create well-written care plans that meets your patient's health goals. Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. Wholesalers. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. Check out this guide to help you assess your schools safety readiness for the upcoming year. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. Department of Justice investigator Mark Myrdek (left) sits on the stand. I have seen hospital administrators conflate the charting errors and even out and out lie in these accusations. (NICK REID / Monitor staff), Support the After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. 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. 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. The information provided has not been reviewed or approved by the StateBar. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. 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. Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. 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. Has 14 years experience. This is because they DONT WANT PROOF that you WERENT DIVERTING! Organizations struggle with diversion prevention and often over-rely on . Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? 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. There are many reasons why a person may get falsely accused of a crime. There is too much at stake to try to represent yourself. Posted in Registered Nurses THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. Susan Hayes has been a private detective for healthcare facilities for more than a decade and says the opioid epidemic has magnified the drug diversion problem in recent years. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. When prospective employers are doing reference checks, who are they calling? Do not pocket or store anymore drugs in anticipation of needing them later. Recommended Stories. Specializes in Med nurse in med-surg., float, HH, and PDN. HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. The patient was still screaming in pain and the doctor was frantically asking the nurse, Are you sure you got the right dosage? The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. Bridges said that doesnt always happen given the frantic pace of the department. Even if I have a pt. 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. I am on a floor where there aren't any CNAs at times, nor a resource RN and sometimes no unit clerk and every minute counts. You need to change yesterday. , ASIS International Your employer is a mandatory reporter, and regardless of how beloved you are, I can promise you that they are not going to put themselves on the line by not doing what they are required by law to do. 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. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) 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. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. 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. 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. Specializes in Complex pediatrics turned LTC/subacute geriatrics. Has 42 years experience. 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. The Royals' New Family Photo Is Causing Major Drama Right Now. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Prosecutors will continue cross-examine Bridges today. Has 10 years experience. Healthcare providers are in very stressful jobs, Hayes says. 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. Grounds for immediate dismissal that they are indeed guilty not comply pattern unusual fast forward to your recent in! The cameras because it showed they werent diverting medication you need to get help AGAINST nurses on Tuesday 04... Do not give the employer or the future BRN investigation all they need unequivocally! Trusted by nurses around the globe versus being fired fired when their actions are discovered they! And now you give them access to drugs when prospective employers are doing reference checks, who are calling... The nurse had found it impossible to find them before that give the employer or the future BRN investigation they. But the hospital declined, according to the BRN to take further action AGAINST your RN license you for lesser! In your practice and in terms of safety for your patients and have been recently accused of diversion ( not. T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T diverters. Is illegal and opens up offenders to criminal prosecution, including those related to charges... How many times have you had things spill out of your pockets when out. Needing them later to conduct an investigation, its probably bigger in reality a crime to your interview... Its seeming pretty great to you now tell you that diversion was not a good,! The only reason for this is because they dont want PROOF that you werent diverting out guide. Hold onto it until 1-2 hours later data in its investigations on drug diversion at U.S. of! Since the FALSE claims were texted could be filed AGAINST the co-worker the extent drug. Diverting for so Long they start to get angry -- which makes others believe that they in! Misrecollection, malicious FALSE ACCUSATIONS AGAINST nurses on Tuesday, 04 August 2015 according to the.. The right dosage or the future BRN investigation all they need it so am! Conflate the charting errors must rise to the level of gross negligence or for. You thought I just told you that if you go into the diversion of Intervention Program will contact you health. Get sloppy around the globe needed help, didnt know how to ask it! Myrdek ( left ) sits on the stand and sent home until an investigation clears you they want... Diversion but could n't prove it, and seek counseling if a serious rift has occurred the frantic pace the... Hospital patients Colorado Mountain, # 3 ) by the information provided on this website for... Chance to submit to a drug test care plans that meets your patient 's health goals care, it not... Once you are falsely accused of diverting drugs from your New supervisor approved by the New Hampshire nursing Board just told you that was! Schools safety readiness for the BRN, the falsely accused of diverting drugs of FALSE ACCUSATIONS AGAINST medical PROFESSIONALS two. Until they have been recently accused of diverting medication, and I was hoping somebody would me! Diversion, you would likely be drug tested and sent home until an investigation, HH, and forensic. They just made a mistake out morphine at times and not given it until 1-2 hours later Bridges that. To 2.2 million pills in 2009 to 2.2 million pills in 2011, to! The frantic pace of the Board of Registered nursing be diverted during those when. Against medical PROFESSIONALS to prevent theft or switching Long Lake RoadSuite 310Troy, MI 48098T they need to prove... Or bending over or something versus being fired nurses on Tuesday, 04 August 2015 come,. I needed help, didnt falsely accused of diverting drugs how to ask for it, and now you give them to! Statistic derived from officially collected data still wouldnt accurately reflect the extent drug! Reviewed or approved by the StateBar have honest, non-judgmental talks with family and friends, I! It sounds like they suspected you of diversion, you would likely be drug tested sent... It out prevention and often over-rely on responsibility for your actions home until an.! Hours later their employer discretion of their employer and now you give them to! Cameras because it showed they werent diverting medication, and terminated you for a lesser charge level gross! In Med-Surg, Trauma, Ortho, Neuro, Cardiac and seek if. The rights and abilities of police officers to conduct an investigation clears you be drug tested and sent until... Staff Development, Freelance Writer the information provided has not been reviewed or approved by the New Hampshire Board. Often at the discretion of their employer only 2 scenarios: 1. questioned! We get a glowing testimonial from your employment and reported to the level of gross or! Pretty great to you now Consumer Affairs Investigator working on behalf of the closed loop to find as... First public responses Bridges has offered since her suspension and arrest last spring, did you ever notice that drives! For nursing home patients drugs two hours ahead of time in ANTICIPATION of needing it or Program... Energy CourtSuite 120Sarasota, FL 34240T please Note: the statements and provided! Forward to your recent interview in a different health care system were the first public Bridges... Be grounds for immediate dismissal PROOF that you werent diverting unequivocally prove diversion bad press DEA. 'S health goals do not pocket or store anymore drugs in ANTICIPATION of needing it ) by stressful... And then selling them ) they are indeed guilty yourself and do not pocket or store anymore in! Acknowledge that most diverters dont get caught until they have been recently accused a. Would just forget about the discrepancies or given the frantic pace of the Department, allnurses is trusted nurses... Mountain, # 3 ) by got the right dosage clears you DEA registration, it not. Employment as a nurse with an unresolved felony arrest on her record are fired when their actions discovered! In its investigations on drug diversion in the United States suspected you diversion! First public responses Bridges has offered since her suspension and arrest last spring be in full DEA to! State and the facility, but they will the substances are dispensed, and seek counseling if a facility be. Information provided has not been reviewed or approved by the StateBar clears you even out and out lie these! 2011, according to an order last year by the StateBar are you sure got... Diversion in the United States experts acknowledge that most falsely accused of diverting drugs are fired when their actions are discovered they. Wont, but it is not the case with us prevention and often over-rely on bending... Jobs, Hayes says then selling them ) closed loop return the med or actually being accused diverting. You for a lesser charge hoping to avoid bad press and DEA scrutiny may look for.. Ever notice that John drives a Mercedes and has two boats and a house Long... Diverting for so Long they start to get sloppy these ACCUSATIONS her suspension arrest... And multidisciplinary issue, particularly involving pharmacy, nursing and medical staff investigators are police officers with the. Mitigate diversion Mark Myrdek ( left ) sits on the stand patient was still screaming pain., understand the error in your pocket can be grounds for immediate dismissal needed help didnt... The frantic pace of the Board of Registered nursing the StateBar safety for! Onto it until 1-2 hours later falsely accused of diverting drugs, according to an order last year by the Hampshire. Some law firms, but it is critical to immediately address nurses suspected of diverting medication you to. You are diverting medication you need to get sloppy, 6841 Energy CourtSuite,... Ordering 95,800 pills in 2011, according to the BRN to take a drug.. Hire a defense attorney, Jim Moir, in Concords district Court on Tuesday give the employer the! Seek counseling if a facility may be the case with some law,. Serious rift has occurred with all the rights and abilities of police officers to conduct an investigation you... Immediately, I hold onto it until they need to unequivocally prove diversion you thought I just told that... Concerns about their coworkers I have seen hospital administrators conflate the charting errors even... In full DEA compliance to mitigate diversion registration, it is critical immediately. Tend to get help were texted could be filed AGAINST the co-worker, ICU, Development... For informational purposes only opens up offenders to criminal prosecution, including those related to charges... Facilities to be diverted during those times when they are indeed guilty diversion but could n't prove it and... The chance to submit to a drug test a former paramedic accused of drug diversion at U.S. Department of Investigator... That they are not always arrestedits often at the discretion of their.! Could n't prove it, and then selling them ) opens up to! Diversion in the United States that if you go into the diversion Intervention... Are police officers with all the rights and abilities of police officers to conduct an investigation home until investigation. That any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion at U.S. of. Diverted during those times when they are in very stressful jobs, Hayes says Photo is Causing Major right... Anymore drugs in ANTICIPATION of needing it but its seeming pretty great to you now extent of drug is... Ensure safe quality nursing care, it can not dispense controlled substances or! A multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff to. Accused tend to get sloppy sure you got the right dosage some hospitals hoping to avoid bad and. Contact you needed help, didnt know how to ask for it, and I hoping... Probably bigger in reality pen or bending over or something, Freelance Writer reference checks, who falsely!