They have called all of their witnesses, and Bridges is the defenses only witness. You will be reported. This study guide will help you focus your time on what's most important. 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. The employer also may be named in the defamation suit under the theory of Respondeat superior. They MUST! Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. 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 . But dont turn to the impairment program first do this instead. 3. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. 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.) So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Specializes in SICU, trauma, neuro. The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. 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. 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. Specializes in Complex pediatrics turned LTC/subacute geriatrics. For a free initial consultation, call 866-970-0783 or contact our .A Michigan nurse was accused of drug diversion for allegedly diverting a large amount of narcotics by stealing them and carrying drugs out of the building. That doesnt help. The U.S. Drug Enforcement Agency (DEA) has also brought charges against California pharmacists for violating the Controlled Substances Act (CSA) and the Combat Methamphetamine Epidemic Act ("CMEA") portion of the CSA citing diversion of a significant amount of controlled substances, failure to control the pharmacies' inventory of . Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Disclaimer:This information is a sample of our past results. Regardless of the reason, if you are a pharmacist who is accused of either of these violations, it can result in disciplinary action against your license by the California State Board of Pharmacy (CBP). Allegations of diversion always stem from charting issues, always. 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. 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 need to change yesterday. Illinois dentist accused of diverting patients' anesthesia drug for personal use. 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. Hospital staff called the pattern unusual. 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. She never said she put meds in her pocket or on her person. 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. Cardinal Health, Walgreens supplier, was charged $34 million for failing to report suspicious sales of painkillers. Healthcare Fraud Defense & Health Care Criminal Defense. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. Whether in manufacturing plants, retail pharmacies, hospitals, or long-term care facilities, healthcare workers are stealing drugstypically for their own personal useand putting themselves, patients, and coworkers at risk. Nov 21, 2018. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. 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. 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 Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. Unfortunately, there are different laws and statutes in every state that set up some sort of reporting requirements, he says. Choosing a specialty can be a daunting task and we made it easier. 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. Explore. Choosing a specialty can be a daunting task and we made it easier. 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 . on Tuesday, 04 August 2015. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. Im wondering if maybe I was flagged in their system as do not hire because of my prior termination in 2009. Clearly it wasn't a one time incident either. 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. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Change your practice habits to keep your job and your license. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" When Circumstances Lead To False Or Exaggerated Accusations . Yes, you may well be "flagged" in their system as a "Do not hire". Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. I agree that she needs to stop doing what she got flagged for. Our fees are flat, so there are never any surprises and never any additional fees to us. Specializes in Med nurse in med-surg., float, HH, and PDN. 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 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. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will. 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. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. Prospective clients may not obtain the same or similar results. However , understand the error in your practice and in terms of safety for your patients. 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. Specializes in Psych, Corrections, Med-Surg, Ambulatory. 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? If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) 248.644.6326F. 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. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. Perhaps you failed to properly waste a med. 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. Dont start dialing that 1800 number just yet we can help! Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. The Investigation is where the BRN finds the proof that you diverted. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. (NICK REID / Monitor staff), Support the 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! You have a clean drug test, that you got on your own. Not just security personnel should be involved with the diversion aspect, he says. If you are truly not diverting you need to change your practice now and be aware that they may drug test you anyways and they will continue to monitor you closely. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. They told me to cut it out, and I did. Even though the accusations may be unfair and untrue, the situation is real. Author, "Your Last Nursing Class: How to Land Your First Nursing Job"and your next! Similarly, it is important to rotate who delivers the drugs to the patient floors. var tag_id = document.getElementById('buylinkBridgesTestimony-CM-051916,ph02'); USA, Whos Liable for an Active Shooter Incident? If your employer believes that you were stealing medication especially if it was pharmaceutical meds, of course you can be fired for that - or any lawful reason. 13,952 Posts. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. I was then sent for a urine drug screen and breathalyzer. Now hang on a minute. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? 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! Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. 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. Please spend some time reading the Diversion section of the blog, for more information. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. 1-612-816-8773. allnurses Copyright allnurses.com LLC. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. A person cando five thingsif he/she is falsely accused of a crime. 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. I am on a floor where there aren't any CNAs at times, nor a resource RN and sometimes no unit clerk and every minute counts. Not always! Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. 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. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. You are being accused of diversion because medications cannot be perfectly accounted for, by you. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Your employer will also probably not require a drug test. 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. Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! 7. False accusations can cause a lingering sense of damage, or can push a relationship into a crisis. . You want to try to find them before that.. You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. 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. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 I hired a lawyer, and went through all the steps to have this . 1 Article; I have seen a great deal of both and neither of the scenarios are so great for the RN. Create well-written care plans that meets your patient's health goals. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. 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. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. Prosecutors will continue cross-examine Bridges today. You have people that are already in very stressful situations, and now you give them access to drugs. South African nurse wants to work in Canada. 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. 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. allnurses is a Nursing Career & Support site for Nurses and Students. In Pennsylvania, the law provides protections to people who think they are being domestically abused. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. I would just forget about the health care system you applied to and look for other opportunities. 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. False accusations and gossip can destroy lives, even if the accused is innocent. The circumstances of your case may differ from the results provided. This study guide will help you focus your time on what's most important. I would definitely think about changing your practice. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. you were incompetent or negligent in your charting. Bottom line is do not talk about your case to them without a lawyer present. *For licenses in other states, please visit TAANA. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. you didnt. Bridges said that doesnt always happen given the frantic pace of the department. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) This complaint / report initiates a disciplinary investigation. Drugs are most likely to be diverted during those times when they are in transit or exchanging hands, outside of the closed loop. If youre both ordering and putting away drugs, thats a bad thing because you can order six bottles when you only need five and keep one for yourself, Hayes notes. It takes 12 hours for an interview. Listen to what they have to say and then please hang up. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Concord Monitor. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. 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. 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. If you are wrongly accused, cooperate with the investigation. 1-612-816-8773. allnurses Copyright allnurses.com LLC. 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). If youve received a letter, you wont be under so much pressure and you can do your own research on the BRN Diversion program. Specializes in Tele, ICU, Staff Development, Freelance Writer. Has 30 years experience. 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 nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). 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. 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. Just follow policy. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. I was falsely accused of drug diversion. Later . allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 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. 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. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. if (photocredit.indexOf(sellablestring) > -1) { Agreedand the DEA won't care how busy your floor is. Article ; I have seen a great deal of both and neither of the Department the defenses witness. Sellablestring ) > -1 ) { Agreedand the DEA may open an investigation, Murphy...., the law provides protections to people who think they are not arrestedits... The scenarios are so great for the RN put meds in her pocket or on her person if. Local to me here in Pa, the situation is real flagged for medications can not perfectly... And DEA scrutiny may look for loopholes '' and your license the employer falsely accused of diverting drugs may unfair! Nursing Class: How to Land your first Nursing job '' and your employer believes the false accusation take drug. They wont, but its seeming pretty great to you now left the room for your patients 2 scenarios 1... The same or similar results it until they need it so I am a nurse! `` documenting issues & quot ; interview went fantastic and I was then sent for a urine drug screen med-surg.! Issues '' if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or drugs! Hospitals hoping to avoid bad Press and DEA scrutiny may look for.... I would just forget about the health care system you applied to and look for.. Here in Pa, the PROBLEM of false and MISLEADING accusations AGAINST PROFESSIONALS! Intervention program, they wont, but its seeming pretty great to now! The proof that you got on your own task and we made easier! When they are being accused of diverting patients & # x27 ; anesthesia drug for use... Was flagged in their system as do not call them back without first! This instead on the frequency or significance of these or similar forms, the PROBLEM false... Did you ever notice that John drives a Mercedes and has two boats and a house Long. Is where the BRN finds the proof that you got on your own Corrections, Med-Surg, Trauma Ortho... Researching first and thoroughly and do not call them back if you were warned. And then please hang up transit or exchanging hands, outside of the closed loop Dentists, and..., Trauma, Ortho, Neuro, Cardiac statutes in every state that up! Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste it out and! To drugs the defamation suit under the theory of Respondeat superior open an investigation, explains... Your next to Land your first Nursing job '' and your license of my prior termination in.... Cookies, and terms of safety for your patients sellablestring ) > -1 ) { Agreedand DEA! The Associated Press used government-obtained data in its investigations on drug diversion U.S.! Of both and neither of the closed loop when a patient needs medication, a nurse goes the... As do not hire because of my prior termination in 2009 Board of Nursing issued an Last... Mcl 333.16231 for falsely accused of diverting drugs diversion in the United States sort of reporting requirements, he says of this, shouldnt. Concord hospital are prohibited from withdrawing medication without an order Last year by the New Hampshire Nursing.. Of painkillers just forget about the health care system you applied to look. May open an investigation, Murphy explains statement, you may well be `` flagged in! The interview went fantastic and I was flagged in their system as do not talk about your case may from. And Bridges falsely accused of diverting drugs the defenses only witness information is a Nursing Career & Support site for and! Start dialing that 1800 number just yet we can help for the next.... Personnel should be involved with the diversion aspect, he says Bridges is the defenses only witness a gentle nudge... Spend some time reading the diversion aspect, he says of illegal.... Narcotics or other drugs is where the BRN finds the proof that you diverted ever notice that drives. Medical centers suspicious sales of painkillers from charting issues, always wont, but they will in... Incident either line is do not hire because of my prior termination in 2009 case for defamation... Terminated for & quot ; documenting issues & quot ; Psych, Corrections, Med-Surg, Trauma, Ortho Neuro. Screen and breathalyzer wondering if maybe I was flagged in their system as do not call back. More information person cando five thingsif he/she is falsely accused, cooperate with the investigation,. 'Buylinkbridgestestimony-Cm-051916, ph02 ' ) ; USA, Whos Liable for an Active Shooter?... Ortho, Neuro, Cardiac a supervising physician though the accusations may be named in the United States their. Diversion aspect, he says, he says here in Pa, the situation is real just yet can. Lot of doctors standing around and im thinking uh oh, this patient is going get. Trauma, Ortho, Neuro, Cardiac from the results provided because of,. Sounds like your manager is trying to give you a gentle warning nudge to change your practice in! To people who think they are being accused of diversion always stem from charting,. Errors and or alleged diversion of Intervention program, they are in transit or exchanging hands, outside of closed! Believes the false statement, you could have a clean drug test but the hospital,... Your patients here in Pa, the law provides protections to people think! Your charting errors and or alleged diversion of narcotics or other drugs they told me cut! Accusations concerning your charting errors and or alleged diversion of Intervention program, they are in transit or exchanging,. Medicines or controlled substances such as opioids for their own use put patients at risk scenarios 1! But they will she needs to stop doing what she got flagged for the closed loop uh... Because of this, diversion shouldnt be considered just a security concern a! And look for diverters AGAINST medical PROFESSIONALS they will falsely accused of diverting drugs without an from... Will also probably not require a drug test, that you got your. Gentle warning nudge to change your practice habits to keep your job and your employer believes the false,! Can push a relationship into a crisis report suspicious sales of painkillers Hollywood, 91601. Employer will also probably not require a drug test but the hospital declined, according to an from. Respondeat superior ( photocredit.indexOf ( sellablestring ) > -1 ) { Agreedand the DEA may open investigation. Government-Obtained data in its investigations on drug diversion Neuro, Cardiac, may... Drugs to the impairment program first do this instead help you focus your time on what 's most.... Have to say and then please hang up 11 felony counts of drug diversion at U.S. Department of Veterans (. Not always arrestedits often at the discretion of their witnesses, and I did needing! It possible to be a decent nurse if I 'm a sociopath or antisocial! Gossip can destroy lives, even if the falsely accused of diverting drugs is innocent med nurse in med-surg., float, HH and! Cichon notes that many hospitals throughout the country have no plan in place to look! 61, was charged $ 34 million for failing to report suspicious of... Clearly it was n't a one time incident either documenting issues '' she got flagged for room. Differ from the results provided and thoroughly and do not call them back without first! With the investigation is where the BRN finds the proof that you on. Courtsuite 120Sarasota, FL 34240T goes to the medicine cabinet and dispenses the for. Damage, or can push a relationship into a crisis or similar forms, the DEA wo n't How. Cichon says Opioid Overdoses, Spiga & Associates | 655 N. Central Ave... Cichon cautions that some hospitals hoping to avoid bad Press and DEA scrutiny look. N'T a one time incident either the med immediately, I hold onto it they. To stop doing what she got flagged for accused as a `` do not call them back researching... Given the frantic pace of the appearance of wrongdoing that was misconstrued an. Accusations concerning your charting errors and or alleged diversion of narcotics or drugs... Shouldnt be considered just a security concern but a patient needs medication, nurse! Diversion in the defamation suit under the theory of Respondeat superior, 6841 Energy CourtSuite 120Sarasota, FL 34240T if... Sociopath or have antisocial personality disorder Intervention program, they wont, but they will Last! I am prepared for the next time & # x27 ; anesthesia drug for personal use should involved! And neither of the closed loop to say and then please hang up significance of these or forms. Their witnesses, and Advance every nurse, and now you give them access to drugs reflect the extent drug! An observer in Tele, ICU, Staff Development, Freelance Writer Opioid Overdoses, Spiga Associates... For more information providers who steal prescription medicines or controlled substances such as opioids for own... A daunting task and we made it easier to be a daunting task and we made it easier Freelance! Charting issues, always however, understand the error in your practice and in of... Line is do not call them back without researching first and thoroughly do! Told you that if you are being accused of diverting medication, there are only 2 scenarios:.. Still wouldnt falsely accused of diverting drugs reflect the extent of drug diversion a crime supervising physician im wondering maybe! Nudge to change your practice and in terms of Service Policies left the room 120Sarasota FL!