It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. Are you sure it was hydromorphone? and she was insisting she had, Leon says. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? The administrator. 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. Leon, who was in charge of diversion investigations at HCMC for 20 years before becoming a consultant for HelioMetrics, was able to investigate but not interview suspected diverters. No accusations from patients. This process takes about a year from the conclusion of the interview, during which time youve been great at your new job without so much as an undotted i or uncrossed t. Hospital staff called the pattern unusual. They told me to cut it out, and I did. 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). 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? The doctor went to properly treat the patient and Leon called the nurse manager and the local sheriffs detective in to begin an official investigation into the nurses actions. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. 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. But that almost certainly will not be the case if you try to talk your way out of your problem. Specializes in Critical Care, Med-Surg. 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. Protect it! The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. I have known a nurse who would fill the medication vial with normal saline after taking out the narcotics and injected the normal saline while injecting the drug im into herself. Every specialty faces its own peculiar risks. 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. 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. I work on a really busy floor and I often have pulled out a pain med in expectation that the patient will ask for it, though when I go into their room, they are sleeping or don't want it at that time. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Toni Martin, 34, of . Has 8 years experience. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license. Create well-written care plans that meets your patient's health goals. If they dont have you, you can only hurt yourself by talking. However, they typically do not carry guns, wear uniforms or flash their badge. Do not pocket or store anymore drugs in anticipation of needing them later. Not just security personnel should be involved with the diversion aspect, he says. Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. HPRP attempted to force the nurse into treatment despite the fact that she did not need it. 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. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. Explore. . Has 42 years experience. It doesn't take long to got to the Pyxis for a med once patient asks for it. Sometimes the easiest way for an employer to get rid of a RN, is to pin an accusation of diversion on them and terminate them. We get a glowing testimonial from your new supervisor. These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. 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. 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. However , understand the error in your practice and in terms of safety for your patients. The circumstances of your case may differ from the results provided. 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. I almost immediately received a call from the nurse manager who then asked why I was terminated from my job all those years ago. Cardinal Health, Walgreens supplier, was charged $34 million for failing to report suspicious sales of painkillers. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. (NICK REID / Monitor staff) '"; 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. There isn't any medication missing. Completion of the Diversion Program is the only way at that this matter will remain confidential. Similarly, it is important to rotate who delivers the drugs to the patient floors. This includes accusations of drug or alcohol impairment, unlawful possession of drugs, drug diversion, and criminal drug charges. Specializes in SICU, trauma, neuro. (NICK REID / Monitor staff) Click the link below to download our compliance eBook now! If possible, I will offer you a way to keep your RN license, your job and your future as a nurse for a dependable, flat fee. Even if you did have a statistic, it would be off because how do you incorporate those so-called sloppy practicers, or diverters who thought they were about to get caught so they quit on you and left? 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. These investigators investigate all kinds of complaints regarding all kinds of professions and they are not experts in medical charting or the Nursing Practices Act. The opioid addiction in America has lit my practice on fire, she says. This study guide will help you focus your time on what's most important. I am so upset that this is happening. Allegations of diversion always stem from charting issues, always. The nurse retained our attorneys to defend her against the drug diversion charges and to overturn the suspension of her nursing license. if (photocredit.indexOf(sellablestring) > -1) { There were no witnesses to the act except for an anonymous informant who complained to hospital management. The DEA doesnt regulate the personnelthats up to the state and the facility. Its no secret that opioid addiction has reached epidemic levels 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. Review the policy.Pharmacy has a protocol that THEY must follow. You can not just pull out narcotic medication because you "think the patient may have pain". A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. Accused of Diverting Drugs. This will either be by phone or via a letter. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. 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. If a nurse or anesthesiologist or physician is speaking with you and telling you they are having these issues, then you should say something, Leon explains. Even then, I would only pull out what the doctor states to have at BS, and I know I have witnesses if he give a verbal order during the procedure for the med. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. 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. 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. Copyright 2023 RN Guardian, All rights reserved. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? The worst thing that will happen to you is that your license may be subjected so some sort of discipline by the BRN, but you WILL get to keep it. They asked me, Are 13 vials substantial or not? Since 1997, allnurses is trusted by nurses around the globe. 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. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) 1 Article; Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. This is something that is probably happening but were not finding it, he says. When Circumstances Lead To False Or Exaggerated Accusations . 1625 Prince Street It takes about 4-6 months for a BRN investigator to contact you. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Unfortunately, there are different laws and statutes in every state that set up some sort of reporting requirements, he says. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. 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. And who wants to go back to community college for accounting yuck! Im sorry this is so long but I wanted you to have the full story. It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. Recommended Stories Reuters Anger in. Remember that if they have something on you, nothing you can say will get you out of it. 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. She said his physician gave her the go-ahead to administer a small dosage of morphine as a preventative measure, and that she later documented it in her nurses notes. 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. The process, called wasting, requires the healthcare worker to take a fresh vial or syringe full of medication and then dispose of the excess, leaving only the correct dosageall with a witness present. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? 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. 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). 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. Nurse Sentenced in Drug Diversion and Tampering Scheme. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. Akeya Lee . You want to try to find them before that.. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. 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! This complaint / report initiates a disciplinary investigation. 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. 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. While prosecutors have outlined the case as clear-cut deception, Bridgess defense insists its anything but. In this instance it helps to have a lawyer. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion. Our members represent more than 60 professional nursing specialties. In fact, Moir tried to show jurors Wednesday that there is no reason to believe Bridges has any history of drug use. var sellablestring = "MONITOR STAFF"; Pharmacists can make mistakes that mean life or death. Yes, you may well be "flagged" in their system as a "Do not hire". 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Problem solved. Carrying it around in your pocket is just asking for trouble. Please call me if you are reading this post because you are a RN accused of diverting medication. 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. 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. 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. The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. 305.712.7177. Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. Look, these individuals are not bad individuals. Healthcare providers are in very stressful jobs, Hayes says. Has 10 years experience. 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. I have been falsely accused of drug diversion. If you are diverting medication you need to get help. 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. 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. But dont turn to the impairment program first do this instead. you did it, 2.) In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. 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. Specializes in Emergency, Telemetry, Transplant. 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. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. Placing a narc in your pocket can be grounds for immediate dismissal. Before the facility started the annual training, Leon caught at least one diverter a month. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. 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. Specializes in Complex pediatrics turned LTC/subacute geriatrics. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". You need to change yesterday. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. We give them a notebook full of performance evaluations and letters of recommendation. Although more people are paying attention to drug diversion due to recent high-profile cases and the current opioid epidemic in the United States, experts say they have been dealing with the same problems their entire careers. Agreedand the DEA won't care how busy your floor is. I am trying not to get upset but it's truly difficult. She might have left them in the patients' med drawers. 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. 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.
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