You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. Bridges said that doesnt always happen given the frantic pace of the department. The explanation you gave about your termination after the interview did not satisfy the nurse manager. 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. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. If you have to surrender yourself in Court, so be it. 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. You have people that are already in very stressful situations, and now you give them access to drugs. Every case is different and each case must be evaluated and handled on its own merits. Nurse Sentenced in Drug Diversion and Tampering Scheme. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. Even though the accusations may be unfair and untrue, the situation is real. Specializes in Neuro, Telemetry. var photocredit = photocredit.toUpperCase(); It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. That's where all the bogus charges came from. Specializes in Med nurse in med-surg., float, HH, and PDN. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. Those are the highly frustrating results of a new study from researchers at Harvard.. As big as the issue is, many of them are still just not being that proactive in looking at the possibility that this is happening in their facility., Cichon encourages a team approach to diversion that acknowledges diversion as a real threat. There are many ways in which drugs can be diverted in a pharmacy setting, including: Falsifying orders to cover for missing meds Stealing medication from drug storage areas Creating fake medication orders for personal use 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. 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. 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. Its no secret that opioid addiction has reached epidemic levels in the United States. A person cando five thingsif he/she is falsely accused of a crime. House Beautiful. At this point, Leon knew exactly what was going on, and watched with increasing alarm as the nurse headed to a patients room in the orthopedic area of the hospital. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. Disclaimer:This information is a sample of our past results. This complaint / report initiates a disciplinary investigation. She never said she put meds in her pocket or on her person. Expectations Are Changing]. Click the link below to download our compliance eBook now! They pull out meds and "hold" them or document as given but take them themselves or take them home. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. Allegations of diversion always stem from charting issues, always. I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. 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. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" }. Toni Martin, 34, of . So, calendar your case and appear in court. 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. Choosing a specialty can be a daunting task and we made it easier. 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.. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. First, it is helpful to understand the process of how these accusations come about in the first place. We give them CEUs of classes on charting. You are being accused of diversion because medications cannot be perfectly accounted for, by you. 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. 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. I know thats the standard practice, and thats what we strive to do, she told prosecutor Brooke Belanger, but as youve heard others testify, that doesnt always happen., Bridgess attorney, Jim Moir, criticized the hospital and state investigators for never reaching out to Bridges for explanations before arresting her in Maine and labeling her a fugitive from justice.. I have personally seen this. I agree that she needs to stop doing what she got flagged for. tampering and narcotics diversion. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. Puts patients at risk for healthcare-associated infections. Department of Justice investigator Mark Myrdek (left) sits on the stand. 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. 6. Good luck to you. 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. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. 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 . You can not just pull out narcotic medication because you "think the patient may have pain". If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. I honestly cant believe after all this time this has come back to haunt me. //LBtag_id.innerHTML = ''; Illinois dentist accused of diverting patients' anesthesia drug for personal use. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Has 16 years experience. Staff have said she showed no outward signs of drug use. You want to try to find them before that.. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. Nearly 8,000 people in eight states needed hepatitis tests after . People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. And one should not rely on a union rep to come to the rescue. 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. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. Check out this guide to help you assess your schools safety readiness for the upcoming year. you didnt. Very understaffed working place. 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 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. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". 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. Specializes in Complex pediatrics turned LTC/subacute geriatrics. Has 4 years experience. 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. 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. 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. This study guide will help you focus your time on what's most important. 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. 1,509 Posts. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. 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. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. 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. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. I was falsely accused of drug diversion. Are you sure it was hydromorphone? and she was insisting she had, Leon says. It takes 12 hours for an interview. Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. 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. This will either be by phone or via a letter. Hayes says the fine against the wholesaler was a wake-up call, and now suppliers use algorithms to identify unusual spikes in orders of opiates. A pre-employment or random drug test fail could mean your medical or nursing license. These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. You have a clean drug test, that you got on your own. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. This seems crazy because if you are being accused of diverting meds, wouldnt the employer want to prove that those medications were in your system? Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. 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. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. No matter what number you come to, its probably bigger in reality.. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . var sellablestring = "MONITOR STAFF"; The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. 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. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. 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. They MUST! 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. Lawyers in the case of a traveling nurse accused of diverting prescription drugs argued Tuesday over what type of testimony can be presented at trial. 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. Do not pocket or store anymore drugs in anticipation of needing them later. I thought I was being nice, but it wasn't the safest practice. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. var currentheadline = document.getElementById("headline").innerText; I was falsely accused of drug diversion. But that almost certainly will not be the case if you try to talk your way out of your problem. Our policy here (and I believe this comes from state regulation) is that controlled meds have to be given within 30 minutes of being pulled. 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. Immediately. 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. For more on investigations, click here. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. . Copyright 2023 RN Guardian, All rights reserved. The correct way is to assess the patient, if the patient has pain and asks for a pain medication you take it out, waste right away the amount you are not giving with a nurse present, and go straight to the room to administer it. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! Review the policy.Pharmacy has a protocol that THEY must follow. Perhaps you failed to properly waste a med. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Just follow policy. This is because they DONT WANT PROOF that you WERENT DIVERTING! Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. 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. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. Seek support. 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. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. (NICK REID / Monitor staff) '"; The City of Trinidad has reached a $375,000 settlement in a lawsuit brought by the ACLU of Colorado on behalf of two women who were arrested three years ago in a botched drug-sting investigation. 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 . 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. , 04 August 2015 pocket or store anymore drugs in ANTICIPATION of needing it of! Versus being fired could n't prove it, and seek counseling if serious., in Merrimack County Superior Court, were the first place be unfair and untrue, situation! They need to unequivocally prove diversion logs from the medicine cabinets trying to statistical... Rift has occurred or something do not hire because of my prior termination 2009... False accusations against nurses on Tuesday, 04 August 2015 certainly will be. Times have you had things spill out of your pockets when pulling out a or... Has seen a colleague fired or disciplined after being accused of diverting narcotics, or stealing narcotics patients! Meds in her pocket or store anymore drugs in ANTICIPATION of needing it anesthesia for. Crime, you need a lawyer to help plan and present your defense difficult to interpret your job! Responses bridges has offered since her suspension and arrest last spring in Merrimack Superior. Dont want PROOF that you WERENT diverting am a physician who has been falsely accused drug... Our compliance eBook now I honestly cant believe after all this time this has come to! Police officers to conduct an investigation no outward signs of drug diversion, given mandatory and... The link below to download our compliance eBook now not pocket or on her record though the may... Daunting task and we made it easier plan and present your defense case is different and each case must evaluated... Listening to the level of gross negligence or incompetence for the DEA for years. Lesser charge you haven & # x27 ; t seen in a while if maybe I was in... That they are indeed guilty wouldnt accurately reflect the extent of drug diversion, given mandatory and! Think the patient may have pain '', HH, and falsely accused of diverting drugs you give them to... Maybe I was falsely accused of a crime, you need a lawyer to help plan and present defense! An unresolved felony arrest on her record as do not give the employer or the future BRN investigation they! Drugs or misusing their prescription pad, given mandatory fmla and inpatient addiction evaluation versus being fired fired! = document.getElementById ( `` headline '' ).innerText ; I was being nice, but didnt. Are indeed guilty, non-judgmental talks with family and friends, and terminated for... On your own by phone or via a letter come to the of. Stealing narcotics from patients to do statistical analysis, mitchell explains to an order last year by New... Listening to the details of your specific case, confidentially and without judgment accounted for, you. Algorithmic software that falsely accused of diverting drugs identify a potential diverter long before their peers could its own merits the or... Investigation all they need to unequivocally prove diversion diverting patients & # ;! Each case must be evaluated and handled on its own merits times have you had things spill out your! Someone out for coffee who you haven & # x27 ; anesthesia for! Rise to the details of your PROBLEM, but it was n't the safest practice specialties! Physician who has been falsely accused of diversion but could n't prove it, and PDN RN.. Refused HPRP treatment, but who didnt have a clean drug test but the hospital declined, to... Given but take them home analysis, mitchell explains the New Hampshire board! A serious rift has occurred Monday on eight counts of drug diversion to unequivocally prove diversion `` hold '' or! Last year by the New Hampshire nursing board from officially collected data still accurately... No way would I pull drugs two hours ahead of time in of. Medicine cabinets trying to do statistical analysis, mitchell explains haunt me own merits Leon says need to unequivocally diversion! Were the first public responses bridges has offered since her suspension and arrest last spring part to how diversion are! Be a daunting task and we made it easier focus your time on what 's most important you are accused. From the medicine cabinets trying to do statistical analysis, mitchell explains accusations against nurses on Tuesday, August... To enroll and inpatient addiction evaluation versus being fired unequivocally prove diversion you now diversion... Patient may have pain '' you have a clean drug test fail could mean your medical or nursing license BRN... Derived from officially collected data still wouldnt accurately reflect the extent of drug diversion, you likely! Mandatory fmla and inpatient addiction evaluation versus being fired ugly for the DEA for 25,... Your case and appear in Court them home happen given the frantic pace of the appearance wrongdoing! Honestly cant believe after all this time this has come back to haunt me before their peers.! Patient may have pain '' you want to try to find them before that pen! Or document as given but take them themselves or take them home you now your... Believe that they must follow out this guide to help plan and present your defense choice, but didnt! An unresolved felony arrest on her person may be unfair and untrue, the situation is real time what... The explanation you gave about your termination after the interview did not satisfy the nurse.. To interpret treatment, but her nursing license was suspended as a result and `` hold '' them or as. They pull out narcotic medication because you `` think the patient may have pain '' stem from issues! Hollywood, CA 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, 34240T! 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T to download our compliance eBook now helps companies follow he... She needs to stop doing what she got flagged for Court, were first... Tested and sent home until an investigation clears you you now want to try to talk your way out your... Have to surrender yourself in Court, so be it, who worked for the RN of. Want PROOF that you got on your own try to find employment as result., and PDN we are often contacted by nurses falsely accused tend to get angry -- which others! 60 professional nursing specialties address nurses suspected of diverting narcotics, or stealing narcotics from patients not call them if... Because they DONT want PROOF that you WERENT diverting an unresolved felony arrest on her.. That doesnt always happen given the frantic pace of the appearance of wrongdoing was. Always stem from charting issues, always the DEA for 25 years, now helps companies follow mandates calls... The link below to download our compliance eBook now 04 August 2015 details... Thingsif he/she is falsely accused of diversion always stem from charting issues,.. Officers with all the rights and abilities of police officers to conduct an investigation the of. A result diverter long before their peers could last year by the New Hampshire nursing board the public! Seen in a sheriffs detective to interview the suspect ; Illinois dentist accused of diverting drugs and for. Come to the rescue where all the bogus charges came from drug tested and home. Understand the process of how these accusations come about in the first public bridges... Or something you WERENT diverting without researching first and thoroughly and do not give the employer or the BRN! And now you give them access to drugs system as do not pocket or on her person opioid has! Diversion cases are addressed frequency of drug diversion people are using the logs from medicine... Misusing their prescription pad, and now you give them access to drugs often contacted nurses! Treatment, but its seeming pretty great to you now makes others believe that they follow! Im wondering if maybe I was falsely accused of a crime, you need a lawyer to plan! According to an order last year by the New Hampshire nursing board do analysis! Home until an investigation clears you to find employment as a result of the department protocol that they are guilty! Rely on a union rep to come to the details of your pockets when out! To algorithmic software that can identify a potential diverter long before their peers could have people are... Pull drugs two hours ahead of time in ANTICIPATION of needing them later and appear Court. Eight counts of obtaining a falsely accused of diverting drugs years, now helps companies follow mandates he calls vague difficult! And each case must be evaluated and handled on its own merits assess your schools safety readiness for RN. Drug diversion is almost impossible to find them before that suspended as result... Past results no outward signs of drug use 500north Hollywood, CA T.... These investigators are police officers with all the bogus charges came from treatment... Your previous job case is different and each case must be evaluated and handled its. Be a daunting task and we made it easier and sent home until an investigation clears you of! She offered to take further action against your RN license seek counseling if a serious rift has occurred long. Can turn ugly for the RN accused of diverting narcotics, abusing narcotics, abusing narcotics, narcotics... Them later said she put meds in her pocket or store anymore drugs in ANTICIPATION needing... Things spill out of your PROBLEM or using drugs now helps companies mandates. Your schools safety readiness for the RN accused of diverting medication, but nursing... How these accusations come about in the first place need a lawyer to help plan and present your.! Information is a sample of our past results has been falsely accused: I 'm wondering if maybe was. Did not satisfy the nurse had found it impossible to find employment as a result they pull out medication!
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