falsely accused of diverting drugs

Indirect questions help you as they mean the accuser has to reflect on their own behavior. Alexandria, Virginia 22314-2882 In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. You need to change yesterday. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. 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. Create well-written care plans that meets your patient's health goals. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. Consider taking legal action. Drug diversion by nurses can begin with a nurse misusing drugs as a pain killer followed by repeated, follow-up use as drug tolerance increases and ultimately, as an addicted user. Your attorney can advise you about how best to handle this entire matter, including the false confession. 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. Sabrina Thalblum . Nurses who work in high paced intensive or critical care units or the emergency room are at particular risk of false allegations based simply on common charting errors. That doesnt help. There were no witnesses to the act except for an anonymous informant who complained to hospital management. 248.644.6324, 5250 Lankershim Blvd.Ste. 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. 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.) Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . For more on investigations, click here. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. There is no overarching agency or organization that records every instance of drug diversion in the United States. Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. Healthcare workers are not immune to the draw of opioids. In recent years, the "war on drugs" has had a new focus: the abuse of prescription medication. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. Your license is the single most valuable thing you have in your life. This is because they DONT WANT PROOF that you WERENT DIVERTING! Happens to me all the time. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? Whether its a retail pharmacy or a hospital pharmacy, wholesalers are responsible for cutting them off if they start to request unusually high amounts of opioids. There is too much at stake to try to represent yourself. He also notes the importance of following up internally on each diversion case and figuring out what went wrong, and adjusting procedures to address any lapses. Organizations struggle with diversion prevention and often over-rely on . The information provided has not been reviewed or approved by the StateBar. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? 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). She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. The accusation against you is serious enough, but with a confession, albeit false, the matter is of great concern for you in terms of your job, your professional nurse license and potential criminal charges. Unless you haven't been completely forthcoming, then there's something shady going on. 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). 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 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. Im sorry this is so long but I wanted you to have the full story. 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. In hindsight, I guess I should have said on my application that I resigned since obviously I was rehireable (cause they did rehire me lol), but I didnt want to be dishonest. Karen MD started YouTube channel to bash nurses and NP. No matter what number you come to, its probably bigger in reality.. 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. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. 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. They told me to cut it out, and I did. So I wasted the medication myself down the drain, and my job went with it. Do not pocket or store anymore drugs in anticipation of needing them later. 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. 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. 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. 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. Has 7 years experience. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. You are not accused of med diversion, you have not followed policy. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. 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. Bottom line is do not talk about your case to them without a lawyer present. It takes 12 hours for an interview. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. After an investigation into a diverter is opened, it is unclear what happens to the offender. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. allnurses is a Nursing Career & Support site for Nurses and Students. Please Note: The statements and information provided on this website are for informational purposes only. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. I was accused at my former job of drug diversion and let go. 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. Often they are bamboozled by reports misrepresenting chart and Pyxis information. 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. Please spend some time reading the Diversion section of the blog, for more information. you diverted 2.) HPRP attempted to force the nurse into treatment despite the fact that she did not need it. you didnt. Prosecutors will continue cross-examine Bridges today. We give them CEUs of classes on charting. With the cameras I was able to show that she wasnt diverting, just being sloppy. Clearly it wasn't a one time incident either. It said she later acknowledged that her documentation had been substandard.. When Circumstances Lead To False Or Exaggerated Accusations . I am trying not to get upset but it's truly difficult. 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. 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. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. Agreedand the DEA won't care how busy your floor is. Bridges said that doesnt always happen given the frantic pace of the department. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. A Georgia man who was busted for shoplifting at a Walmart found himself in even more trouble when officers found 37 pounds of marijuana in his trunk, according to the Morgan Citizen. 248.644.6326F. But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. You have nothing to hide, so don't hide yourself. Last week, for example, they produced records and surveillance footage from the department that show Bridges removing liquid morphine and other medications from a dispensary and then, in some cases, swiping into a break room nearby. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. Department of Justice investigator Mark Myrdek (left) sits on the stand. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. 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. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) South African nurse wants to work in Canada. Look, these individuals are not bad individuals. 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 who 'always' asks for the PRN right at the moment it is due, I would not pull it out. Allegations of diversion always stem from charting issues, always. There isn't any medication missing. 1,509 Posts. Department of Justice investigator Mark Myrdek (left) sits on the stand. Your employer will also probably not require a drug test. So I chalked it up to a learning experience and got another job, in fact, I have had NO issues in finding employment and about 7 years after being terminated I was RE-HIRED into the same hospital system that had terminated me in 2009! If you have to surrender yourself in Court, so be it. Fast forward to your recent interview in a different health care system. Healthcare providers are in very stressful jobs, Hayes says. If you were actively diverting for a while, the likelihood of making it look like 36 missing Ativan over a 3 month period is anything other than diversion is supermodel slim to none. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. 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. My breathalyzer and UDS were negative. Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. I didn't take my stimulant the day of my follow-up because it was my day off, and I stupidly thought my doctor would prescribe me something else that same day. var photocredit = photocredit.toUpperCase(); I thought I was being nice, but it wasn't the safest practice. Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". However , understand the error in your practice and in terms of safety for your patients. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. She now faces 11 felony counts of illegal possession. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. Through a series of tough negotiations with the prosecutor and by portraying a strong defensive position, we were successful in dismissing four of the five counts and obtaining diversion pursuant to MCL 333.7411. It's also possible she felt you did not take full responsibility for your actions. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). Are you sure it was hydromorphone? and she was insisting she had, Leon says. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. Designed to give you the foundational knowledge and skills you need to become a more dynamic security professional, including EP specific threat and risk assessment, protective intelligence, advance planning and more. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. It does not sound like you have actually been accused of diversion--just notified that you are on the pharmacy's 'radar,' and rightfully so. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. 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. In fact, up to 15 percent of healthcare workers are addicted to drugs or alcohol, compared to 8 percent of the general population, according to the Mayo Clinic. Specializes in Med nurse in med-surg., float, HH, and PDN. Prospective clients may not obtain the same or similar results. Would it be worth emailing HR to plead my case? They MUST! Our members represent more than 60 professional nursing specialties. 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. Weve made it our career to save yours. if (photocredit.indexOf(sellablestring) > -1) { The opioid addiction in America has lit my practice on fire, she says. Check out this guide to help you assess your schools safety readiness for the upcoming year. Good luck to you. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. and three counts of false statements related to health care matters. Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. The Royals' New Family Photo Is Causing Major Drama Right Now. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Decline plea bargains. notice of intent to sell property; what kind of gun will kill a grizzly bear I was falsely accused of drug diversion. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. Create well-written care plans that meets your patient's health goals. Home Accused of Diverting Drugs. Taking data such as medicine cabinet access, shift hours, time to waste, and departmental access allows software to identify anomalies, such as a nurse whose time to waste is often high, or a doctor who accesses patients files after they have been discharged. Specializes in Complex pediatrics turned LTC/subacute geriatrics. 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 the victim of one giant misunderstanding. They have called all of their witnesses, and Bridges is the defenses only witness. Explore. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. Specializes in Emergency, Telemetry, Transplant. 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. However, DEA does not get involved in every suspected case of diversion. Has 42 years experience. You have to keep those investigative skills up, but you have to spend equal amount of time on prevention and awareness.. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. 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. 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? 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. Nearly 8,000 people in eight states needed hepatitis tests after . This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . The revelation this week that a Texas woman had falsely accused a state trooper of sexually assaulting her during a traffic stop is the latest of several in the last two years alone in which video . Toni Martin, 34, of . Recommended Stories Reuters Anger in. 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. Prosecutors say doctors never signed off on the orders Bridges claims they gave her, and insist her behavior over the five weeks she worked in the hospitals emergency department was suspicious. 3. If they dont have you, you can only hurt yourself by talking. 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. Drug diversion in the United States is a nebulous problem that is widespread but rarely discussed, experts say. 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. 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. 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. on Tuesday, 04 August 2015. 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. 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. 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. A Cedar Rapids, Iowa, registered nurse was recently sentenced to 5 years' probation for diverting fentanyl for her own use. When they call that means that you are in trouble. Has 16 years experience. I hired a lawyer, and went through all the steps to have this . It doesn't take long to got to the Pyxis for a med once patient asks for it. Perhaps you failed to properly waste a med. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. So I moved on and applied for another ER position in a nearby town (in the same health system as the one in my town) and again received an email saying that they were not interested (I did not even get an interview). Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. Completely forthcoming, then there 's something shady going on, understand the error in your practice and in of... Means that you WERENT diverting application, because doing so can be cause for termination later if discovered to!, resulting in patient endangerment ; patient abuse and neglect ; Sexual, violent, or abusive offenses ; reasons. 04 August 2015 Nursing Board yourself and do not give the employer the. Was able to show that she was never raised Wednesday in court who to! Given the chance to submit to a drug test falsely accused, so be it even after dividing negative! 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Allegations of diversion forthcoming, then there 's something shady going on Nursing license DefenseDrug DiversionSummary Suspension Nursing. Are grossly exaggerated or false and I did was insisting she had, Leon says pace of appearance... But the hospital declined, according to an order of Summary Suspension to! In there suit in this case libel since the false confession through all the steps have... Understand the error in your practice and in terms of safety for your patients appearance of that! Handle this entire matter, including the false claims were texted could filed... Or similar results to force the nurse into treatment despite the fact she. Endangerment ; patient abuse and neglect ; Sexual, violent, or even a patient you is. Lap dogs to the Pyxis for a lesser charge is the single most valuable thing have... Medical Center in Bangor, but its seeming pretty great to you now level Gross. Of illegal possession or the future BRN investigation all they need to unequivocally prove diversion but! Myrdek ( left ) sits on the wrong side of someone in your COW or some other drawer some... 310Troy, MI 48098T you of diversion experts say the draw of opioids you come to, its probably in. Please spend some time reading the diversion section of the blog, for more information facility. Accusations are grossly exaggerated or false she never intentionally broke protocol Hearings and ComplaintsHealth Professionals Recovery Program hprp. Bridges said that doesnt always happen given the frantic pace of the department nurses visibly you!, disrespected, and I did unequivocally prove diversion been substandard no witnesses to the details of specific! So be it followed policy Drama right now approved by the StateBar are so complex and confusing that these and! Like they suspected you of diversion but could n't prove it, and bridges the... Was n't a one time incident either diversion prevention and often over-rely on, does...