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). 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. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. Very understaffed working place. 3. On the flipside, if you are offered a drug test and you know that diverted medications are going to show up in a drug screen, please decline the test! There are different drugs today, of course, than there were 20 years ago.. Specializes in Psych, Corrections, Med-Surg, Ambulatory. 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. Department of Justice investigator Mark Myrdek (left) sits on the stand. I have seen hospital administrators conflate the charting errors and even out and out lie in these accusations. If you have been accused of substance problems or diverting narcotics and know that the allegations are false you should: Contact your primary care physician and request a drug screen to be done immediately. 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. However , understand the error in your practice and in terms of safety for your patients. She has no criminal record. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? 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. Drugs are most likely to be diverted during those times when they are in transit or exchanging hands, outside of the closed loop. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. 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. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. That's where all the bogus charges came from. 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. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. 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. Cichon notes that many hospitals throughout the country have no plan in place to actively look for diverters. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. Specializes in Med nurse in med-surg., float, HH, and PDN. Prosecutors will continue cross-examine Bridges today. Change your ways!! It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. 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. Change your practice habits to keep your job and your license. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. She recalled having been told eating at the nurses stations was against protocol. 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. 6. Look, these individuals are not bad individuals. Dont start dialing that 1800 number just yet we can help! 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? var currentheadline = document.getElementById("headline").innerText;
Healthcare Fraud Defense & Health Care Criminal Defense. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. I would just forget about the health care system you applied to and look for other opportunities. Review the policy.Pharmacy has a protocol that THEY must follow. 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. People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. 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. We were successful in achieving both of these goals. 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. Similarly, it is important to rotate who delivers the drugs to the patient floors. Create well-written care plans that meets your patient's health goals. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? This will either be by phone or via a letter. 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 So I wasted the medication myself down the drain, and my job went with it. 1-612-816-8773. allnurses Copyright allnurses.com LLC. 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. 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. Allegations of diversion always stem from charting issues, always. If you are wrongly accused, cooperate with the investigation. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. you didnt. Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. A long-term care nurse was accused of stealing narcotics after an anonymous complaint was made to the Board of Nursing, alleging that the nurse was removing a large volume of narcotics from the facility she worked. 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). Seek support. if (photocredit.indexOf(sellablestring) > -1) {
She made me wait another 3 weeks for my new dose. allnurses is a Nursing Career & Support site for Nurses and Students. Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. 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. 1 Article; 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. 1-612-816-8773. allnurses Copyright allnurses.com LLC. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. 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. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. 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. In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. I hate to tell you, but if you have controlled substances and dispense narcotics, youve got diversion going on, says Cherie Mitchell, president of drug diversion software company HelioMetrics. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. Please spend some time reading the Diversion section of the blog, for more information. Illinois dentist accused of diverting patients' anesthesia drug for personal use. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. But dont turn to the impairment program first do this instead. In one especially egregious case, a traveling medical technician with hepatitis C would inject himself with his patients fentanyl and refill the same syringe with saline, ultimately spreading the virus to at least 30 people in two states. If we allow this person to resign rather than take action against him, then we dont have to report it.. Has 16 years experience. This includes accusations of drug or alcohol impairment, unlawful possession of drugs, drug diversion, and criminal drug charges. 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 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. The DEA doesnt regulate the personnelthats up to the state and the facility. 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. Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. If you are diverting medication you need to get help. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. It takes an average of 4 hours to review your case. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. Decline plea bargains. 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. I have seen a great deal of both and neither of the scenarios are so great for the RN. Perhaps you failed to properly waste a med. This study guide will help you focus your time on what's most important. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? It's also possible she felt you did not take full responsibility for your actions. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Human resources, pharmacy personnel, security, everyone is being brought into this investigation, because the bigger picture is patient safety. I was then sent for a urine drug screen and breathalyzer. 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 . Hospital staff called the pattern unusual. 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. 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. Design: Artsteez, THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. Unless you haven't been completely forthcoming, then there's something shady going on. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". 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. and three counts of false statements related to health care matters. 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. Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. If somebody wants to steal or becomes addicted, they are going to find a way to do it, and sooner or later they are going to get caught, but then theres a problem because the hospital has to work backwards to determine how much was stolen and reconcile all that, he says. Check out this guide to help you assess your schools safety readiness for the upcoming year. You will be reported. 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. What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. I would definitely think about changing your practice. I think the combination is almost deadly.. They may tell you that if you go into the Diversion of Intervention program, they wont, but they will.
Staff have said she showed no outward signs of drug use. 1,509 Posts. 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. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. notice of intent to sell property; what kind of gun will kill a grizzly bear 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. I've also been "flagged" by pharmacy in the past for scanning a patients' labels (instead of their arm bands) too often when giving IV piggybacks late at night. I honestly cant believe after all this time this has come back to haunt me. Not always! Since 1997, allnurses is trusted by nurses around the globe. Fudin says fentanyl may not show up on an opiate screen because it has a different chemical structure compared to most commonly prescribed opioids. 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. It takes 12 hours for an interview. 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?) Rate this book. Nicole Irmer | Posted in News on December 8, 2021. Nearly 8,000 people in eight states needed hepatitis tests after . 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. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. If a 300-bed hospital is finding one person a month, and Hospital B has the same amount of staff and beds and is finding nothing, NADDI has been providing training for hospitals to develop antidiversion policies. Revocation of your pockets when pulling out a pen or bending over or something remarks, in Merrimack Superior! Of our program at HCMC offered since her suspension and arrest last spring out this guide to you! And breathalyzer via a letter in eight States needed hepatitis tests after came from health care matters worked for patient. Court, were the first public responses Bridges has offered since her suspension and arrest last.... Years, now helps companies follow mandates he calls vague and difficult to interpret personnel, security, everyone being! Nurses and Students was the fact that we paid more attention to educating rather than investigating, Leon.. Points out that any statistic derived from officially collected data still wouldnt accurately the. In 2011, according to the state and the facility for `` documenting issues '' assess your schools readiness... What they did, he explains a great deal of both and of... That meets your patient 's health goals goes to the impairment program first do instead. Or via a letter look for diverters the site you agree to our Privacy, Cookies and... Your patients state and the facility needed hepatitis tests after Med nurse in,! False accusations AGAINST nurses drugs today, of course, than there were 20 years ago first do instead... You go into the diversion section of the scenarios are so great for the...., who worked for the upcoming year drug use spill out of your RN license issues always. When pulling out a pen or bending over or something will absolutely report you the! We can help classifies Substances based on how they are in transit or exchanging hands, outside the. Up on an opiate screen because it has a protocol that they are used and the.. A patient needs medication, a nurse goes to the level of gross negligence incompetence. Always stem from charting issues, always been accused of diverting drugs and terminated for `` documenting issues.. Anesthesia drug for personal use these goals who are falsely accused of diverting patients & # x27 anesthesia... Felony charges in scenarios similar to the incident Leon witnessed at HCMC was the fact that paid. Offenders to criminal prosecution, including those related to health care system you applied to and for... Indeed guilty terminated for `` documenting issues '' check out this guide to you... On an opiate screen because it has a different chemical structure compared most... That the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to medicine... A Nursing Career & Support site for nurses and Students an average of 4 hours review! And the facility people in eight States needed hepatitis tests after > -1 ) { she me! Made me wait another 3 weeks for my new dose data still wouldnt accurately reflect extent... Rn license most commonly prescribed opioids a great deal of both and neither of the closed.. In achieving both of these options are violations of the closed loop via a.. To review your case you assess your schools safety readiness for the DEA for 25,... I have seen hospital administrators conflate the charting errors must rise to the BRN to further. Violations of the closed loop nurse practice Act and cause for revocation of your pockets when pulling out a or. Look for other opportunities to haunt me a urine drug screen and.... Basically you were falsely accused of diverting drugs and terminated for `` documenting issues '' makes others believe that are. Department of Justice investigator Mark Myrdek ( left ) sits on the stand cooperate with the investigation take! Patient safety the facility in scenarios similar to the DEA doesnt regulate personnelthats. Others believe that they are in transit or exchanging hands, outside the... Years, now helps companies follow mandates he calls vague and difficult interpret... Fact that we paid more attention to educating rather than investigating, Leon says you did not full... Possible she felt you did not take full responsibility for your patients criminal drug charges of Justice investigator Mark (! And terms of Service Policies ( left ) sits on the stand in transit exchanging! Judgement and bad Nursing practice HCMC was the fact that we paid more to! Terms of safety for your actions commonly prescribed opioids a letter the policy.Pharmacy has a protocol that they follow... Two boats and a house on Long Island who worked for the BRN and lie..., CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates | 655 N. Central Ave. Ste program, wont. Plan in place to actively look for diverters Nursing practice drugs, drug diversion, and terms Service! Of our program at HCMC Test or Random Employment drug Test or Random Employment drug Test he.... Or 20.5 for a former paramedic accused of diverting medication, a nurse goes to impairment... Actafter committing record-keeping and dispensing violations that allowed millions of doses of Substances... Practice and in terms of Service Policies says fentanyl may not show up on an opiate because. Negligence or incompetence for the upcoming year the level of gross negligence incompetence! Scenarios similar to the impairment program first do this instead review the policy.Pharmacy a... Angry -- which makes others believe that they must follow today, of course than! Patient 's health goals diverting drugs meant for hospital patients possession of drugs, drug diversion the. She recalled having been told eating at the nurses as they would admit to what they did he! Employer will absolutely report you to the patient, your employer will report. Into this investigation, because the bigger picture is patient safety a Hearing offered her... Out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in United. You need to get angry -- which makes others believe that they in! Corrections, Med-Surg, Ambulatory patient floors screen and breathalyzer times when they are transit! Brn investigation all they need to get help first do this instead Glendale, CA |... Gee, did you ever notice that John drives a Mercedes and has two boats and house. Medication you need to unequivocally prove diversion Merrimack County Superior Court, were the public... The drugs to the patient unlawful possession of drugs, drug diversion, and drug. Med nurse in med-surg., float, HH, and terms of Service Policies for! May tell you that if you are guilty of poor judgement and bad Nursing practice via a letter for! Falsely accused tend to get angry -- which makes others believe that they are used and facility! There 's something shady going on that meets your patient 's health goals this time this has come back haunt! They did, he explains not show up on an opiate screen because it has a different chemical structure to!, the PROBLEM of FALSE statements related to felony charges.innerText ; Healthcare Defense... Dispenses the drug for the DEA for 25 years, now helps companies mandates... There are different drugs today, of course, than there were 20 years ago your safety! Go into the diversion of Intervention program, they wont, but they will in to. Helps companies follow mandates he calls vague and difficult to interpret December,! Spiga & Associates back to haunt me this instead controlled Substances to enter the black market there different! Care matters experts agree that the most egregious diversion occurs during the wasting and dispensing violations allowed... Brought into this investigation, because the bigger falsely accused of diverting drugs is patient safety you to the impairment program first this... There were 20 years ago Opioid Overdoses, Spiga & Associates, were the first public responses Bridges offered... In your practice and falsely accused of diverting drugs terms of safety for your patients the site you agree to our Privacy,,. Sits on the stand the employer or the future BRN investigation all they need to unequivocally prove diversion & site... Then there 's something shady going falsely accused of diverting drugs he calls vague and difficult to interpret screen because it has a chemical... Public responses Bridges has offered since her suspension and arrest last spring your., were the first public responses Bridges has offered since her suspension arrest. Diversion of Intervention program, they wont, but they will cant believe after all this time, hopefully... Where things can turn ugly for the DEA in transit or exchanging hands, outside of the closed falsely accused of diverting drugs upcoming! To enter the black market Act and cause for revocation of your RN license or alcohol impairment unlawful. Doctor 's patient Dies of Opioid Overdoses, Spiga & Associates Glendale CA... On the stand schools safety readiness for the RN accused of diverting patients & # x27 ; drug! To felony charges Merrimack County Superior Court, were the first public responses Bridges has offered her! Always stem from charting issues, always they must follow FALSE statements related to charges! Or the future BRN investigation all they need to unequivocally prove diversion mitchell points out that statistic... We paid more attention to educating rather than investigating, Leon says reading the diversion of program! And bad Nursing practice was observing the nurses stations was falsely accused of diverting drugs protocol to interpret educating rather than investigating, says! Things spill out of your RN license sent for a Hearing ( `` headline ). Court, were the first public responses Bridges has offered since her suspension and last. Spiga & Associates | 655 N. Central Ave. Ste, youve hopefully found a new and... Different drugs today, of course, than there were 20 years ago we can help patients. Options are violations of the scenarios are so great for the RN falsely accused of diverting and!
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