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. Department of Justice investigator Mark Myrdek (left) sits on the stand. In psychological terms, I recognize this incident as an early attachment injury a relational trauma . 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. Akeya Lee . Drug diversion in the United States is a nebulous problem that is widespread but rarely discussed, experts say. 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. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. There are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. Hayes details the path of drugs through a hospital: a pharmacy technician orders the medication from a wholesaler, who will deliver them to the hospital pharmacy. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. 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. Recommended Stories. Staff have said she showed no outward signs of drug use. When fulfilling a pharmacys request for medication, wholesalers have just as much of a responsibility to notice if something is amiss as the pharmacy does. Specializes in Pediatrics, Rehab, Trauma. We successfully negotiated an arrangement to permit immediate reinstatement of the RNs license following assessment by a mental health professional deeming our client safe with probation. Bottom line is do not talk about your case to them without a lawyer present. 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. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. Please spend some time reading the Diversion section of the blog, for more information. A Georgia man who was busted for shoplifting at a Walmart found himself in even more trouble when officers found 37 pounds of marijuana in his trunk, according to the Morgan Citizen. He kept a trained eye on one registered nurse who was suspected of stealing hydromorphone, an opioid pain medication, for her personal use. Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. Once a drug is outside of the closed loop, when it gets dispensed from a pharmacy or administered by a doctor, its no longer in the purview of DEA rules and regulations, he explains. 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 . From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. Healthcare providers are in very stressful jobs, Hayes says. All Rights Reserved. My breathalyzer and UDS were negative. 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. The plain and honest truth is that I did not have several narcotic wastes witnessed by another nurse, as there was no one immediately in the area to assist me on several occasions. Has 7 years experience. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. (NICK REID / Monitor staff) '"; The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. Home Accused of Diverting Drugs. 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. You want to try to find them before that.. We show them a box full of clean drug tests. Pharmacies. 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. This is because they DONT WANT PROOF that you WERENT DIVERTING! Has 10 years experience. Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Often they are bamboozled by reports misrepresenting chart and Pyxis information. Even if I have a pt. In another, Bridges said that her patient, a man with cancer, had been taking high doses of morphine at home and was at risk of going through withdrawals while he waited for hours for a bed in the main part of the hospital. 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! After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. They pull out meds and "hold" them or document as given but take them themselves or take them home. 3. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. They told me to cut it out, and I did. 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. 1,509 Posts. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) We had a nurse who was highly suspected of diverting, he says. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. 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. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. 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. Its not doing the wrong thingyoure helping them, and thats the message we sent out. A Cedar Rapids, Iowa, registered nurse was recently sentenced to 5 years' probation for diverting fentanyl for her own use. 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. You have to keep those investigative skills up, but you have to spend equal amount of time on prevention and awareness.. Protect it! I was falsely accused of drug diversion. 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). 1441 W Long Lake RoadSuite 310Troy, MI 48098T. This complaint / report initiates a disciplinary investigation. 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. 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. 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. These investigators investigate all kinds of complaints regarding all kinds of professions and they are not experts in medical charting or the Nursing Practices Act. Please call me if you are reading this post because you are a RN accused of diverting medication. Nearly 8,000 people in eight states needed hepatitis tests after . Good luck to you. These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. Even orderlies have very stressful physical jobs, theyre lifting patients. . He references several high-profile diversion cases in which the diverters used the same syringe full of medicine on both themselves and their patients, spreading bacterial infections and hepatitis. In fact, Moir tried to show jurors Wednesday that there is no reason to believe Bridges has any history of drug use. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. 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. When prospective employers are doing reference checks, who are they calling? notice of intent to sell property; what kind of gun will kill a grizzly bear Cichon notes that the lack of standards when addressing diversion makes it more likely that offenders could slip through the cracks and move on to continue diverting drugs at another facility. NEW! 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. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Recommended Stories Reuters Anger in. I agree that she needs to stop doing what she got flagged for. (NICK REID / Monitor staff) A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. Check out this guide to help you assess your schools safety readiness for the upcoming year. Specializes in Tele, ICU, Staff Development, Freelance Writer. Closing arguments are expected to follow. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. The new roundabout next to Exit 17 might flummox some first-time users since its a design unique to Concord, but after four months of winter use New Hampshire sugarhouses bounced back in 2022 after a dismal prior year, producing more maple syrup than any season in the past seven years.The U Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. 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. Prospective clients may not obtain the same or similar results. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. The . 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. Now hang on a minute. Choosing a specialty can be a daunting task and we made it easier. Weve made it our career to save yours. It is at this stage that your attorney gets to argue your case. 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. 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. 248.644.6326F. However, they typically do not carry guns, wear uniforms or flash their badge. So be smart and get a lawyer. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. Before he retired, he says, that number had dropped to one or two a year. 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. We have defended thousands of RNs facing the BRN. 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. 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. var sellablestring = "MONITOR STAFF"; Take the extra 5 minutes to pull med school per policy. Last week, for example, they produced records and surveillance footage from the department that show Bridges removing liquid morphine and other medications from a dispensary and then, in some cases, swiping into a break room nearby. If youve received a letter, you wont be under so much pressure and you can do your own research on the BRN Diversion program. 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. Unless you haven't been completely forthcoming, then there's something shady going on. allnurses is a Nursing Career & Support site for Nurses and Students. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. Choosing a specialty can be a daunting task and we made it easier. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. If you are wrongly accused, cooperate with the investigation. 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. Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? 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. contemporary art in region 7 brainly; marc klopp instagram. Nurses have emotional attachments to patients that they see die. It is a charge that should be taken very seriously. Result:After successfully arguing our case, the Administrative Law Judge (ALJ) promptly dissolved the summary suspension of the clients nursing license that day and delivered a favorable proposal to the Board of Nursing. Typically what happens is that one of these nurses will have a personality conflict with a charge nurse or an administrator and Pyxis reports will be examined and charts will be cross referenced and when discrepancies occur, that becomes the excuse to discipline or fire that practitioner. But dont turn to the impairment program first do this instead. There is no overarching agency or organization that records every instance of drug diversion in the United States. I was completely honest even revealing that the BON was present but they did not discipline me and pointed out that I was rehired into the same health system years later. She recalled having been told eating at the nurses stations was against protocol. on Tuesday, 04 August 2015. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. 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.) Indirect questions help you as they mean the accuser has to reflect on their own behavior. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Do not pocket or store anymore drugs in anticipation of needing them later. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . 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. Click the link below to download our compliance eBook now! I was falsely accused of drug diversion. Problem solved. There are different drugs today, of course, than there were 20 years ago.. 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. So, at 11 p.m. on a Friday, Leon settled in for a night of observation at the Level I trauma center in Minneapolis, Minnesota. We frequently defend nurses and doctors accused of diverting drugs. Our members represent more than 60 professional nursing specialties. You need to change yesterday. Allegations of diversion always stem from charting issues, always. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? I was ultimately terminated for documenting issues. var tag_id = document.getElementById('buylinkBridgesTestimony-CM-051916,ph02'); She made me wait another 3 weeks for my new dose. 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. Having support is essential when you're accused of something that you haven't done. 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. 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. We were successful in achieving both of these goals. Organizations struggle with diversion prevention and often over-rely on . There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . The patient was still screaming in pain and the doctor was frantically asking the nurse, Are you sure you got the right dosage? 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. 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. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. God forbid it falls out in front of another nurse, or you take it home, or you lose it, you are going to be in a world of trouble. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. 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. chris camozzi musician. In this instance it helps to have a lawyer. 1 Article; This can result in several types of patient harm, including: 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. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. You are being accused of diversion because medications cannot be perfectly accounted for, by you. 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. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. In 2016 I moved to another state and got an RN job at a Drs office. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. 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. I hired a lawyer, and went through all the steps to have this . Your attorney can advise you about how best to handle this entire matter, including the false confession. If you have to surrender yourself in Court, so be it. Similarly, it is important to rotate who delivers the drugs to the patient floors. 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. Sabrina Thalblum . //LBtag_id.innerHTML = ''; Not following procedure around wasting and documenting narcotics in and of itself is serious. Doctors and nurses accused of drug diversion: Contact Call The Law Office of Sean R. Dingle, LLC, in Denver, to learn how to protect your professional license. 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. South African nurse wants to work in Canada. The revelation this week that a Texas woman had falsely accused a state trooper of sexually assaulting her during a traffic stop is the latest of several in the last two years alone in which video . 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. So, calendar your case and appear in court. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. That's where all the bogus charges came from. We get a glowing testimonial from your new supervisor. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. 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. These se things can all lead to you either losing the med or actually being accused of diversion. 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. Our members represent more than 60 professional nursing specialties. Explore. 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. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. Just follow policy. I will tell you whether Diversion is the only way to save your career. 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. Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains.
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