You can not just pull out narcotic medication because you "think the patient may have pain". If you have to surrender yourself in Court, so be it. 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. They want me to come in instead of DEA or law enforcement, she explains. The opioid addiction in America has lit my practice on fire, she says. No matter what number you come to, its probably bigger in reality.. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 The nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. Department of Justice investigator Mark Myrdek (left) sits on the stand. 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. These are: hire a defense attorney, We found out through the course of investigations that if someone resigns and was not sanctioned it may not be a reportable action, he says. 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. 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. Consider taking legal action. you diverted 2.) We were successful in achieving both of these goals. 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. Later . Specializes in Psych, Corrections, Med-Surg, Ambulatory. 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. 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. 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. Whether its a retail pharmacy or a hospital pharmacy, wholesalers are responsible for cutting them off if they start to request unusually high amounts of opioids. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. The DEA doesnt regulate the personnelthats up to the state and the facility. I have been falsely accused of drug diversion. Recommended Stories. I was given a stack of charts and was told that I had failed to chart giving narcotics and failed to waste narcotics in the pyxis system, I was stunned as I could not believe the accusations. Yes, you may well be "flagged" in their system as a "Do not hire". Concord Monitor. 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. Hayes notes that many pharmacies do not conduct a retroactive analysis on what is being purchasedwhich is why wholesalers must pay attention to any unusual changes in orders. (NICK REID / Monitor staff) '"; If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. Perhaps you failed to properly waste a med. 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. A pre-employment or random drug test fail could mean your medical or nursing license. You have to keep those investigative skills up, but you have to spend equal amount of time on prevention and awareness.. Indirect questions help you as they mean the accuser has to reflect on their own behavior. 1625 Prince Street It takes an average of 4 hours to review your case. Please Note: The statements and information provided on this website are for informational purposes only. avg rating 4.27 5,457,050 ratings published 1960. 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. They do occasionally make arrests but they are rare. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Allegations of diversion always stem from charting issues, always. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. Would it be worth emailing HR to plead my case? I was ultimately terminated for documenting issues. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. chris camozzi musician. Those are the highly frustrating results of a new study from researchers at Harvard.. Pharmacists can make mistakes that mean life or death. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. I was brought to a conference room after a night shift in 2009. 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. 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. 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! Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? Has 10 years experience. Design: Artsteez, THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES. Nicole Irmer | Posted in News on December 8, 2021. var photocredit = photocredit.toUpperCase(); After an investigation into a diverter is opened, it is unclear what happens to the offender. When Circumstances Lead To False Or Exaggerated Accusations . NEW! 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. 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. Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. 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. It is a charge that should be taken very seriously. 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. 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. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. Rate this book. For more on investigations, click here. HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH. 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. 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. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. We frequently defend nurses and doctors accused of diverting drugs. Copyright 2023 RN Guardian, All rights reserved. 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. 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. In fact, Moir tried to show jurors Wednesday that there is no reason to believe Bridges has any history of drug use. They told me to cut it out, and I did. Disclaimer:This information is a sample of our past results. 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. Need Your Opinion About Medical Emergency. Instead, they insist she was unfairly and haphazardly targeted, and that the case exposes the serious flaws of an emergency department that still depends on paper records and whose administrators dont realize how divergent policy and practice become in the rush of the job. Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? Its not doing the wrong thingyoure helping them, and thats the message we sent out. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. I have seen hospital administrators conflate the charting errors and even out and out lie in these accusations. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. 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. This can result in several types of patient harm, including: The explanation you gave about your termination after the interview did not satisfy the nurse manager. 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. Our members represent more than 60 professional nursing specialties. 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. 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. 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