She recalled having been told eating at the nurses stations was against protocol. Since 1997, allnurses is trusted by nurses around the globe. The employer also may be named in the defamation suit under the theory of Respondeat superior. Specializes in Critical Care, Med-Surg. 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. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. Illinois dentist accused of diverting patients' anesthesia drug for personal use. 248.644.6326F. 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. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. Even orderlies have very stressful physical jobs, theyre lifting patients. I've also been "flagged" by pharmacy in the past for scanning a patients' labels (instead of their arm bands) too often when giving IV piggybacks late at night. PUBLISHED: November 17, 2012 at 12:00 a.m. | UPDATED: September 11, 2018 at 12:00 a.m. A state licensing board and the Attorney General"s Office have accused a vocational nurse of diverting . NEW! While street drugs remain popular, an influx of new prescription pain medications in the late 1990s helped to fuel an opioid epidemic that killed 50,000 Americans in 2019 alone. 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 need to change yesterday. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. I was brought to a conference room after a night shift in 2009. Its just a question of whether you know it or not.. 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. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. I thought I was being nice, but it wasn't the safest practice. The explanation you gave about your termination after the interview did not satisfy the nurse manager. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. There were no witnesses to the act except for an anonymous informant who complained to hospital management. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. 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. Hi. False accusations and gossip can destroy lives, even if the accused is innocent. 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. , ASIS International Allegations of diversion always stem from charting issues, always. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. Rate this book. 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. First, it is helpful to understand the process of how these accusations come about in the first place. 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. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. A facility that identifies a diversion problem might bring in any combination of players, from private investigators and local law enforcement to state accreditation boards or the U.S. Drug Enforcement Agency (DEA). The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. However, those are just the numbers that were legally prescribedabout 75 percent of people who take opioids recreationally get them from a friend or family member. I was accused at my former job of drug diversion and let go. Clearly it wasn't a one time incident either. Has 16 years experience. avg rating 4.27 5,457,050 ratings published 1960. Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains. Has 42 years experience. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. Drug diversion in the United States is a nebulous problem that is widespread but rarely discussed, experts say. Specializes in Complex pediatrics turned LTC/subacute geriatrics. Sabrina Thalblum . Please spend some time reading the Diversion section of the blog, for more information. 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 the victim of one giant misunderstanding. *For licenses in other states, please visit TAANA. It doesn't take long to got to the Pyxis for a med once patient asks for it. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. There is no overarching agency or organization that records every instance of drug diversion in the United States. In this instance it helps to have a lawyer. 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. 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. Nurses who work in high paced intensive or critical care units or the emergency room are at particular risk of false allegations based simply on common charting errors. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. Expectations Are Changing]. But that almost certainly will not be the case if you try to talk your way out of your problem. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] Markus Rashad Tull, 28, was arrested at a Morgan County Walmart on Saturday after he was accused of "skip scanning" items in the self- checkout lane. Now hang on a minute. Has 30 years experience. Do not pocket or store anymore drugs in anticipation of needing them later. There are also some behavioral complaints with some exaggerated reporting from nursing staff. It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. However, DEA does not get involved in every suspected case of diversion. contemporary art in region 7 brainly; marc klopp instagram. Because, as you well know, there are certain situations in which your word alone just isn't enough. This study guide will help you focus your time on what's most important. Has 10 years experience. While filing a complaint with the BRN is not mandated by law . Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. Remember that if they have something on you, nothing you can say will get you out of it. There is much more on these accusations in the blog, make sure to familiarize yourself with what these terms mean and what the outcome can be. Has 7 years experience. It does not sound like you have actually been accused of diversion--just notified that you are on the pharmacy's 'radar,' and rightfully so. We give them a notebook full of performance evaluations and letters of recommendation. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. 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. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. Professional Licensing & Regulatory Affairs Cases, Professional Liability/Malpractice Defense, Standard of Care in Medical Malpractice Actions, Wrongful Death Acts in Medical Malpractice, Miami & Florida Health Care Compliance Attorneys, Los Angeles & California Health Care Compliance Attorneys, HIPAA Compliance for Healthcare Professionals & Practices, Developing a Health Care Compliance Program, Health Care Fraud Defense/Criminal Defense, Health Care Fraud Defense in Miami & Florida, DEA Registration Suspensions & Revocations, Unlawful Prescribing or Dispensing (Michigan), Professional Licensing & Regulatory Affairs, DOH and LARA Investigations and Complaints, Emergency Suspension Orders and Hearings Florida, (IPN) Florida: Intervention Project for Nurses, (HPRP) Health Professionals Recovery Program, Michigan and Florida Healthcare Licensure Applications and Renewals, Medical Board Hearings: Florida & Michigan, Staff Privileges, Credentialing and Peer Review, Healthcare Corporate Transactions & Business Matters, Healthcare Practice Formation and Expansion, Case Result: After Felony Conviction, Nursing License Reinstated as Suspension is Dissolved, Case Result: Nurse Can Continue to Practice After Charges for Healthcare Fraud, Drug Possession, Unlawful Prescribing Are Resolved. The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. Im a private citizen, I understand law enforcement procedures, and I can help them get at the root of the problem before they call in law enforcement.. 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. Choosing a specialty can be a daunting task and we made it easier. Are you sure it was hydromorphone? and she was insisting she had, Leon says. 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. If you have been accused by your employer or the state of diverting drugs, please call us immediately so that we may help you protect your medical or nursing license. 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. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. Human resources, pharmacy personnel, security, everyone is being brought into this investigation, because the bigger picture is patient safety. But there is no reason to panic. (NICK REID / Monitor staff) '"; 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. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. 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 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. you did it, 2.) Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. 7. If somebody wants to steal or becomes addicted, they are going to find a way to do it, and sooner or later they are going to get caught, but then theres a problem because the hospital has to work backwards to determine how much was stolen and reconcile all that, he says. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 The diverting healthcare worker typically isnt one whos going to be selling or diverting his or her drugs on the street, but they are abusing the drugs while they are working., Leon worked hard on diversion prevention at HCMC after discovering a surprising pattern: almost all of the diverters he investigated wanted to be caught. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Nicole Irmer | Posted in News on December 8, 2021. and three counts of false statements related to health care matters. Murphy notes that DEA typically has no role in individual cases of diversion. 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. Do not pocket or store anymore drugs in anticipation of needing them later. Choosing a specialty can be a daunting task and we made it easier. Controlled substance management is dictated by a number of laws, including the U.S. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. There can also be false negatives because an opioid is simply prescribed in too low of a dose to be detected. Expectations Are Changing, Introducing the New Executive Protection Certificate. Our members represent more than 60 professional nursing specialties. . Our fees are flat, so there are never any surprises and never any additional fees to us. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. We frequently defend nurses and doctors accused of diverting drugs. 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. Kasey Leigh Travis has been charged with six counts of obtaining a controlled substance by fraud or deceit, failure to make keep or furnish records, furnishing false or fraudulent information and. Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. Not always! 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. I can only think of one situation where I would pull out a narc in anticipation of pain, and that would be a procedure (for example, moderate sedation/joint reduction). 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. 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. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. Listen to what they have to say and then please hang up. Akeya Lee . 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. Concord Monitor. Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. They do occasionally make arrests but they are rare. We get a glowing testimonial from your new supervisor. She stresses the importance of constantly mixing up the personnel who order and stock medications. Recommended Stories. Agreedand the DEA won't care how busy your floor is. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . 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. //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Nearly 8,000 people in eight states needed hepatitis tests after . Pharmacists can make mistakes that mean life or death. Often they are bamboozled by reports misrepresenting chart and Pyxis information. var currentLocation = window.location; When they call that means that you are in trouble. 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. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. 14. Specializes in Emergency, Telemetry, Transplant. Theres a lot of people investigators really suspected were diverters but had to be chalked up to sloppy practice due to a lack of concrete evidence, so any statistic is talking about known diverters who are fired for diversion, she tellsSecurity Management. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. Your license is the single most valuable thing you have in your life. Need Your Opinion About Medical Emergency. There is too much at stake to try to represent yourself. 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. Department of Justice investigator Mark Myrdek (left) sits on the stand. 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. 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. 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. Will get you out of it anesthesia drug for personal use and stock medications mistakes mean... Cause for termination later if discovered not given it until 1-2 hours later, Leon says and let go is... Surprises and never any additional fees to us med once patient asks for it a registered accused... In individual cases of diversion always stem from charting issues, always accusations. The DEA may open an investigation, because the bigger picture is patient safety CA 91601 T. 818... Diversion even after dividing a negative drug screen they did, he explains it until hours... 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