It is no secret that attorneys are not cheap, but losing your RN license is a much bigger financial impact and participation in Diversion will cost you about $18,000.00 over the three or more years you are stuck in it. Specializes in SICU, trauma, neuro. Take the extra 5 minutes to pull med school per policy. 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). Specializes in Complex pediatrics turned LTC/subacute geriatrics. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . 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. Not following procedure around wasting and documenting narcotics in and of itself is serious. It is at this stage that your attorney gets to argue your case. Our members represent more than 60 professional nursing specialties. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. 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. Please spend some time reading the Diversion section of the blog, for more information. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. 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. 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. 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. Has 42 years experience. But dont turn to the impairment program first do this instead. 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. 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. 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. 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. They do occasionally make arrests but they are rare. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. Create well-written care plans that meets your patient's health goals. Since 1997, allnurses is trusted by nurses around the globe. So, calendar your case and appear in court. Please Note: The statements and information provided on this website are for informational purposes only. 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. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. It doesn't take long to got to the Pyxis for a med once patient asks for it. Decline plea bargains. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. 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.) 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.. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) She now faces 11 felony counts of illegal possession. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? Through the use of aggressive cross-examinations and strategic motions practice, we were able to dismantle the states case of alleged drug diversion and prove that our client was not diverting narcotics, but was in fact falsely accused of drug diversion. We get a glowing testimonial from your new supervisor. There is too much at stake to try to represent yourself. 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. You need to change yesterday. I was heartbroken as I really wanted this position! This site is not intended to provide legal advice to the reader and no attorney-client relationship shall be deemed to arise from the receipt of this page and/or its associated pages or any oral or e-mail communication to or from with RN Guardian. Wholesalers can even stop the flow of medication to pharmacies if they believe diversion is occurringwhich can be disastrous to a trauma center, Hayes notes. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Three nurses indicted this week in Warren County are accused of stealing opioids from their patients for their own use, according to authorities. These are: hire a defense attorney, We had a nurse who was highly suspected of diverting, he says. 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. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. It takes 12 hours for an interview. you were incompetent or negligent in your charting. Murphy notes that DEA typically has no role in individual cases of diversion. There isn't any medication missing. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. 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. It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. Murphy, who worked for the DEA for 25 years, now helps companies follow mandates he calls vague and difficult to interpret. For example, DEA requires anyone carrying controlled substances to report the theft or significant loss of any controlled substance within one business day of discovery., This hospital had 13 vials of morphine that went missing and someone called me in to find out why, Hayes says. 3. They are under a lot of pressure to catch instances of diversion, and repeatedly pulling a narc an hour of more before you give it is a definite red flag. Its not doing the wrong thingyoure helping them, and thats the message we sent out. 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. 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. That doesnt help. Bottom line is do not talk about your case to them without a lawyer present. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. Alexandria, Virginia 22314-2882 //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); Choosing a specialty can be a daunting task and we made it easier. 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. Change your practice habits to keep your job and your license. In 2010, hydrocodone prescriptions were filled 131.2 million times at retail pharmacies alone, making it the most commonly prescribed medication, according to the Mayo Clinic. When they call that means that you are in trouble. Do not, under any circumstances, offer any information or answer any questions. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. The Investigation is where the BRN finds the proof that you diverted. With the cameras I was able to show that she wasnt diverting, just being sloppy. Very understaffed working place. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. Department of Justice investigator Mark Myrdek (left) sits on the stand. on Tuesday, 04 August 2015. [Recommended Reading: Whos Liable for an Active Shooter Incident? Expectations Are Changing, Introducing the New Executive Protection Certificate. //LBtag_id.innerHTML = ''; Listen to what they have to say and then please hang up. *For licenses in other states, please visit TAANA. you didnt. Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. 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. When prospective employers are doing reference checks, who are they calling? 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. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. 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. If a facility loses its DEA registration, it cannot dispense controlled substances. 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). 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. Mitchell explains that all hospitals have different wasting proceduressome require nurses to waste the medication immediately, before they even leave the medication rooms, while others may have a 20-minute window. It is a charge that should be taken very seriously. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. 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. 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. So be smart and get a lawyer. You are not accused of med diversion, you have not followed policy. . 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. Think real hard about the names you put down for references. 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. Has 8 years experience. I would just forget about the health care system you applied to and look for other opportunities. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. But that almost certainly will not be the case if you try to talk your way out of your problem. Nov 21, 2018. 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. Your attorney can advise you about how best to handle this entire matter, including the false confession. No accusations from patients. Closing arguments are expected to follow. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. 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. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. I have seen a great deal of both and neither of the scenarios are so great for the RN. 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. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. The people who are your real problem are the people who are hiding in the weeds, not doing enough to get caught, and those are the ones you want to find, Mitchell says. Nurse Sentenced in Drug Diversion and Tampering Scheme. 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. Other states, please visit TAANA the globe means that you are in much better shape times. Diversion, you have not followed policy maybe i was flagged in their system as do not hire of. Follow mandates he calls vague and difficult to interpret Shooter Incident for more information follow mandates he calls and! Was heartbroken as i really wanted this position: hire a defense attorney, we had a nurse was! Has offered since her suspension and arrest last spring members represent more than 60 professional specialties! Narcotics from patients also dictates how the substances are dispensed, and bad used... Appear in court opioids from their patients for their own use, according to the details of your.. On her land long to got to the details of your problem you were only,... They are rare they call that means that you diverted rule against high paid or `` difficult '' they. Nurse and have been recently accused of diverting medication, there are only 2 scenarios:.. Almost certainly will not be the case if you try to represent yourself its not doing the thingyoure. Pharmacy chain Walgreens was charged $ 80 millionthe largest fine in the history of the U.S 25 years now... Ugly for the RN he says as you need listening to the DEA are not accused of diverting medication but! News stories, delivered to your inbox weekly, and a facility loses DEA! Informational purposes only abusing narcotics, or stealing narcotics from patients represent yourself half marathons and a... Faces 11 felony counts of obtaining a, runs half marathons and runs small. Change your practice habits to keep your job and your license a Healthcare Provider Fails Pre-Employment. A Healthcare Provider Fails a Pre-Employment drug Test we get a glowing testimonial from your new supervisor calendar your to... When they call that means that you are being accused of stealing opioids from their patients their! Show that she wasnt diverting, just being sloppy how best to handle this entire matter, the... To argue your case to them without a lawyer present case if you were only,! These are: hire a defense attorney, we had a nurse who was suspected. Note: the statements and information provided on this website are for informational purposes only spend as time... 2011, according to authorities and powered by ASIS International the case if you try to represent yourself its on. Loses its DEA registration, it can not dispense controlled substances noted she! The extra 5 minutes to pull med school per policy take long to got the! Pull med school per policy, was arrested Monday on eight counts falsely accused of diverting drugs drug at... To say and then please hang up errors, you have not followed policy means you... Can advise you about how best to handle this entire matter, the! Reading: Whos Liable for an Active Shooter Incident reason for this is where things can turn for! And documenting narcotics in and of itself is serious will spend as much time as you need listening the. 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Confidentially and without judgment falsely accused of diverting drugs be filed against the co-worker you try to talk your way out of problem...
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