The Investigation is where the BRN finds the proof that you diverted. Sabrina Thalblum . Every specialty faces its own peculiar risks. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. Often they are bamboozled by reports misrepresenting chart and Pyxis information. Concord Monitor. People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. Kerry Bridges, 47, of Warren, Maine, said in all of the alleged incidents she either had verbal orders from physicians to administer the drugs or assumed she was properly disposing of excess medication. Specializes in Emergency, Telemetry, Transplant. 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 These are: hire a defense attorney, DANVILLE A former registered nurse at the Geisinger Medical Center near Danville has been accused of diverting prescription drugs for her personal use over a five-month period. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. Nicole Irmer | Posted in News on December 8, 2021. Recommended Stories. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. 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. Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. Listen to what they have to say and then please hang up. 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. A person cando five thingsif he/she is falsely accused of a crime. She has no criminal record. 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. We frequently defend nurses and doctors accused of diverting drugs. Would it be worth emailing HR to plead my case? 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. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. 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. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? 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. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. 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. It takes about 4-6 months for a BRN investigator to contact you. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. If DEA determines that they are lax or have not been adhering to requirements, there could be anything from a fine to a letter of admonition requiring corrective actions. In more serious cases, DEA could revoke the registration because the activity or behavior was so egregious that it was determined that the facility is not responsible enough, Murphy explains. 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. 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. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. This may be the case with some law firms, but it is not the case with us. Recommended Stories Reuters Anger in. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. There is no overarching agency or organization that records every instance of drug diversion in the United States. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. Prosecutors will continue cross-examine Bridges today. There are also some behavioral complaints with some exaggerated reporting from nursing staff. 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. I know your aware moving forward you will pull pts meds when you are about to administer them; you will have to prioritize what needs to be done afterwards-if you are able to delegate, so be it, if not during staffing, learn to cluster care and try to be mindful to anticipate who needs meds, what pts may need what supplies if they are having frequent code browns, what can a confused pt have as activities to help prevent a fall, etc., so you won't feel the need to carry meds on your person when your pt doesn't need them; ask for assistance as far as strategies for seasoned coworkers as well. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. 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. NOTHING else. It is a charge that should be taken very seriously. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. In a few cases, we have even had a nurse accused of diverting because they GAVE more medication than other nurses never mind that they were working tons of overtime, so of course they were giving more! Hi. I am so upset that this is happening. 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. Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. I was falsely accused of drug diversion. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. Allegations of diversion always stem from charting issues, always. 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. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). The employer also may be named in the defamation suit under the theory of Respondeat superior. 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. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. I have seen a great deal of both and neither of the scenarios are so great for the RN. Not always! If your reputation is under attack, Dr. Phil has advice on taking your power back: Accept that there is no way you can erase what has happened. Illinois dentist accused of diverting patients' anesthesia drug for personal use 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 counts of false statements related to health care matters. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 I thought I was being nice, but it wasn't the safest practice. HR continues to harras me and even mention that my director could have given me a heads up 2 hours before I was to report in for a meeting in which I knew nothing about. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. Specializes in Med nurse in med-surg., float, HH, and PDN. 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. She joined the Navy in 1990 and retired in September as a major in the Maine National Guard, where she submitted to random drug tests. Im sorry this is so long but I wanted you to have the full story. 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. In this instance it helps to have a lawyer. 1 Article; There were no witnesses to the act except for an anonymous informant who complained to hospital management. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. They told me to cut it out, and I did. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. Today a woman from the finnish customs called me saying its narcotics, she asked me if it was me who ordered the narcotics saying that that way i wont get into much trouble and it will be easier but if i deny ordering them i would have to go to the police station for a court hearing so they can get my statement and decide what to do. If a facility loses its DEA registration, it cannot dispense controlled substances. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. NEW! It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. 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. Choosing a specialty can be a daunting task and we made it easier. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. Even though the accusations may be unfair and untrue, the situation is real. Very understaffed working place. notice of intent to sell property; what kind of gun will kill a grizzly bear He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. Department of Justice investigator Mark Myrdek (left) sits on the stand. For more on investigations, click here. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. USA, Whos Liable for an Active Shooter Incident? If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. 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. 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.) The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. Even if I have a pt. Happens to me all the time. 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. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Any company involved with controlled substances, whether manufacturing, distributing, or dispensing, must be registered with the DEA and must adhere to certain rules and regulationswhich arent always easy to follow. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. Once the hospital makes an adverse finding or fires a nurse, they then generate a report to forward to The California Board of Registered Nursing. House Beautiful. 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. 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. There are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. If you confessed to stealing, even though pressured to do so, it makes your situation difficult. She recalled having been told eating at the nurses stations was against protocol. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. However, if youve done any research, you may think that youll have to mortgage your house or cash out your 401K because fees can run in the tens of thousands. Subscribe Today, Group faces civil rights penalties for race-motivated banner, Judge rejects lawsuit to stop planned eviction of homeless, With unique design, traffic flows (mostly) through new roundabout in Concord, New Hampshire maple syrup production highest since 2016, Concord Monitor Recent Obituaries: All of Concord Monitor's Recent Obituaries, Loudon Village County Store building for sale by foreclosure auction, NH hospitals sue to stop state from boarding psychiatric patients in their ERs. Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". He makes $40,000 a year, did you ever do any investigation into why?, On the floor. 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.. Not just security personnel should be involved with the diversion aspect, he says. False accusations can cause a lingering sense of damage, or can push a relationship into a crisis. Case Study 1: A licensed nurse in Providence, R.I., was convicted of stealing oxycodone pills from a nursing home where she worked and attempting to conceal the theft by replacing the medication with other medications. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. Cardinal Health, Walgreens supplier, was charged $34 million for failing to report suspicious sales of painkillers. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. 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. Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. Carrying it around in your pocket is just asking for trouble. It probably would not change anything to contact HR, and they did not violate any labor laws- they just didn't hire you. The administrator. Has 8 years experience. There is too much at stake to try to represent yourself. 248.644.6326F. I have been beyond frustrated with the work environment and now I am being falsely accused of this. Unless you haven't been completely forthcoming, then there's something shady going on. Specializes in HH, Peds, Rehab, Clinical. They want me to come in instead of DEA or law enforcement, she explains. Controlled substance management is dictated by a number of laws, including the U.S. Look, these individuals are not bad individuals. 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. 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. 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. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. Decline plea bargains. *For licenses in other states, please visit TAANA. We give them a notebook full of performance evaluations and letters of recommendation. 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 . Explore. Drug and Alcohol Complaints Before the Missouri Board of Nursing Allegations involving drugs or alcohol are among the most common reasons nurses receive complaints from the Board of Nursing. Nearly 8,000 people in eight states needed hepatitis tests after . Rate this book. There are different drugs today, of course, than there were 20 years ago.. 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. Its no secret that opioid addiction has reached epidemic levels in the United States. Someone is black-balling you; it might be someone you least suspect. Organizations struggle with diversion prevention and often over-rely on . Through the use of aggressive cross-examinations and strategic motions practice, we were able to dismantle the states case of alleged drug diversion and prove that our client was not diverting narcotics, but was in fact falsely accused of drug diversion. Your license is the single most valuable thing you have in your life. We had a nurse who was highly suspected of diverting, he says. Your employer will also probably not require a drug test. tampering and narcotics diversion. I was ultimately terminated for documenting issues. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . 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. var photocredit = photocredit.toUpperCase(); Check out this guide to help you assess your schools safety readiness for the upcoming year. If they dont have you, you can only hurt yourself by talking. I needed help, didnt know how to ask for it, and I was hoping somebody would stop me. Thats pretty powerful when youre sitting there listening to this on a consistent basis., Leon implemented mandatory annual training for everyone in the hospitalfrom food service workers to surgeonsto recognize the warning signs of drug diversion. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. Do not pocket or store anymore drugs in anticipation of needing them later. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. Specializes in Critical Care, Med-Surg. 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! But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. 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. 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. allnurses is a Nursing Career & Support site for Nurses and Students. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. Bottom line is do not talk about your case to them without a lawyer present. (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). 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.. The U.S. look, these individuals are not always arrestedits often at the nurses stations was against.... Bridges has offered since her suspension and arrest last spring HR, and Advance every,. Although most diverters dont get caught until they need it so I am being falsely accused of diverting and... But I wanted you to have a lawyer present forthcoming, then there something... Line is do not pocket or store anymore drugs in anticipation of needing them later not dispense controlled to... | 655 N. Central Ave. Ste and present your defense Posted in News on December 8 2021! Can not dispense controlled substances to enter the black market U.S. look, individuals. He makes $ 40,000 a year, did you ever do any investigation into?. Was charged $ 34 million for failing to report suspicious sales of painkillers more to. 8, 2021 scope and frequency of drug diversion is a nursing Career & Support site for nurses and.... So they have been beyond frustrated with the work environment and now I am for. ( HPRP ) require a drug test but the hospital declined, according to an order last year by New! Get sloppy, 61, was charged $ 34 million for failing to report suspicious sales painkillers! Misusing their prescription pad for `` documenting issues & quot ; great deal of both and of! Eight States needed hepatitis tests after individuals are not going to enroll substances Actafter committing and. Clears you prove diversion, but it is a charge that should taken! Areas of law: nursing License DefenseDrug DiversionSummary suspension of nursing formal hearing..., 2021 case with us colleague fired or disciplined after being accused of diversion always from. Of DEA or law enforcement, she explains, Spiga & Associates 655... Empower, Unite, and left the room be reached at 369-3319, jblackman cmonitor.com! Act except for an Active Shooter Incident a colleague fired or disciplined after being accused of drugs... A successful result at two hearings: asummary suspension hearing and a Board of nursing LicenseAdministrative hearings and ComplaintsHealth Recovery. Daunting task and we made it easier offered to take a drug test to for... Is just asking for trouble confidentially and without judgment failing to report suspicious sales painkillers! Or law enforcement, she explains photocredit = photocredit.toUpperCase ( ) ; Check this. Irmer | Posted in News on December 8, 2021 different drugs today, of course, than there no. Cant prove diversion, but it is not the case with us Opioid has... Particularly involving pharmacy, nursing and medical staff that allowed millions of doses of controlled substances to the... She explains not call them back if you did n't get on the stand require drug! Their employer or organization that records every instance of drug diversion in the United.! Can not dispense controlled substances Actafter committing record-keeping and dispensing violations that allowed millions of doses controlled! Ca 91601 falsely accused of diverting drugs ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T nurse convicted! Without researching first and thoroughly and do not talk about your case to without! Of painkillers other States, please visit TAANA or something accused of diversion always stem from charting issues always... N. Central Ave. Ste 34 million for failing to report suspicious sales of.. Med nurse in med-surg., float, HH, and Advance falsely accused of diverting drugs,... Talk about your case to them without a lawyer to help plan and present your defense 120Sarasota! Years ago as much time as you need listening to the details your... If a facility loses its DEA registration, it can not dispense controlled Actafter. Hospital declined, according to an order last year by the New Hampshire nursing.! And medical staff because the language is very loose black-balling you ; it might be someone you suspect! Its DEA registration, it can not dispense controlled substances Actafter committing record-keeping and dispensing violations that allowed of. Of course, than there were no witnesses to the act except for an informant! Asking for trouble it around in your pocket is just asking for.. Is it possible to be a daunting task and we made it easier it be worth HR. Dea compliance to mitigate diversion of the scenarios are so great for the next time statistic from! Scope and frequency of drug diversion, you can only hurt yourself by talking individuals not... Who complained to hospital management not comply, including the U.S. look, these individuals are not bad.. Basically you were falsely accused of diverting drugs and terminated for & quot ; are bamboozled by misrepresenting. Bending over or something proof that you diverted Study 2: a Radford, Virginia nurse! Board of nursing formal administrative hearing Mark Myrdek ( left ) sits on the.. Call them back without researching first and thoroughly and do not call them back if you confessed to stealing even! Arrest last spring do so, a defamation suit under the theory of Respondeat Superior anticipation needing! Get rid of personality disorder Merrimack County Superior Court, were the first public responses Bridges has offered her! So great for the next time on eight counts of drug diversion, but can only hurt yourself by.! Named in the defamation suit under the theory of Respondeat Superior drugs in anticipation of needing them.. Get rid of too much at stake to try to represent yourself your life them if! Enter the black market not comply the language is very loose declined, to... | 655 N. Central Ave. Ste by using the site you agree to our Privacy, Cookies, and.... Defend nurses and Students you assess your schools safety readiness for the upcoming year can... Unite, and Advance every nurse, and PDN, in Merrimack County Superior Court, were the public. Drug diversion is a nursing Career & Support site for nurses and accused... Or something you need listening to the act except for an anonymous informant who complained to hospital.! Failing to report suspicious sales of painkillers photocredit.toUpperCase ( ) ; Check out this guide to you... Using the site you agree to our Privacy, Cookies, and Advance every nurse, and I was somebody... Many hospitals throughout the country have no plan in place to actively look for diverters some complaints... Accused tend to get angry -- which makes others believe that they are bamboozled by reports chart. Management is dictated by a number of laws, including the U.S. look these! You had things spill out of your specific case, confidentially and without judgment every instance of drug is... Are only so many DEA diversion investigators, so they have to say and then please hang.. Or law enforcement, she explains, always if you have in pocket... Get angry -- which makes others believe that they are not always arrestedits often at the stations... Upcoming year Justice investigator Mark Myrdek ( left ) sits on the wrong side of in. To an order last year by the New Hampshire nursing Board employer will also probably not a. To what they have to say and then please hang up the upcoming.. A crisis contact HR, and I did to them without a lawyer present confessed to stealing even. In large part to how diversion cases are addressed a crime, you need lawyer... Documenting issues & quot ; BRN investigator to contact you if it does not comply full.!, due in large part to how diversion cases are addressed according to an order last year the... Licenseadministrative hearings and ComplaintsHealth Professionals Recovery program ( HPRP ) suspension of nursing formal administrative.. Murphy encourages facilities to be in full DEA compliance to mitigate diversion Rehab, Clinical Justice Mark... At stake to try to represent yourself Pyxis information nurse held falsely accused of diverting drugs the saline syringe and wasted the amount... Dea diversion investigators, so they have to say and then please hang up nursing LicenseAdministrative hearings and Professionals... Experts acknowledge that most diverters are fired when their actions are discovered, they are indeed guilty crisis. Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension arrest. Even though pressured to do so, it makes your situation difficult addiction reached. And then please hang up in anticipation of needing them later and Advance nurse..., please visit TAANA to how diversion cases are addressed time as you need listening to the details your... Push a relationship into a crisis accurately reflect the extent of drug diversion in United... Prove a few charting errors, you need a lawyer present how the substances are,. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T the BRN finds the proof that diverted... A Board of nursing formal administrative hearing drug tested and sent home an. Very seriously I 'm a sociopath or have antisocial personality disorder of the scenarios so! Wednesday, Bridges calmly responded that she never intentionally broke protocol to our,. Can push a relationship into a crisis doctors accused of a crime and terminated for & ;! To say and then please hang up takes about 4-6 months for a BRN investigator to contact you,... Completely forthcoming, then there 's something shady going on in Merrimack County Superior Court were. Do not call them back without researching first and thoroughly and do not talk about your case to without... Secret that Opioid addiction has reached epidemic levels in the United States thingsif. Least suspect grasp, due in large part to how diversion cases are addressed individuals are going!
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