falsely accused of diverting drugs

Yes, you may well be "flagged" in their system as a "Do not hire". Here is an update of the Massachusetts Crime Lab Scandal: In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. Please Note: The statements and information provided on this website are for informational purposes only. Is it possible to be a decent nurse if I'm a sociopath or have antisocial personality disorder? Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. You were cleared of everything, yet it's all coming back and keeping you from getting hired. This is because they DONT WANT PROOF that you WERENT DIVERTING! var currentLocation = window.location; In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. 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. Hi. Theres a lot of people investigators really suspected were diverters but had to be chalked up to sloppy practice due to a lack of concrete evidence, so any statistic is talking about known diverters who are fired for diversion, she tellsSecurity Management. 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. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? Nov 21, 2018. 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. That doesnt help. But there is no reason to panic. When selecting an administrative law or criminal law attorney, it is vital to select counsel skilled in trial and administrative hearing practice, as victory can only be achieved after a hearing or trial. They do occasionally make arrests but they are rare. 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. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Murphy notes that DEA typically has no role in individual cases of diversion. 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. 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. Karen MD started YouTube channel to bash nurses and NP. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. Wholesalers. Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. Specializes in Complex pediatrics turned LTC/subacute geriatrics. That's where all the bogus charges came from. He kept a trained eye on one registered nurse who was suspected of stealing hydromorphone, an opioid pain medication, for her personal use. The nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). Concord Monitor. 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. Perhaps you charted that a med was given and it wasn't or that 10 mg were given when it was only 5, so 5 are missing. It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. 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. 13,952 Posts. Since 1997, allnurses is trusted by nurses around the globe. Protect it! But dont turn to the impairment program first do this instead. tampering and narcotics diversion. If you diverted only a few times, it may be hard to prove that it was in fact diversion and you may be treated as someone who just made a few medication errors. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Hospital staff called the pattern unusual. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. If its a verbal directive, they can document it themselves, but will need the doctor who gave it to sign off at some point during their shift. I am so upset and frustrated since my manager recently told me that the pharmacy put me on an alert list for possible medication diversion. 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. 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. You will be reported. 6. If you are diverting medication you need to get help. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. Have honest, non-judgmental talks with family and friends, and seek counseling if a serious rift has occurred. 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?) In this instance it helps to have a lawyer. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Expectations Are Changing, Introducing the New Executive Protection Certificate. Need Your Opinion About Medical Emergency. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . This study guide will help you focus your time on what's most important. 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. You want to try to find them before that.. Prescription drug use by medical personnel and drug diversion by health care providers has risen to epidemic proportions and become a significant public health issue. Benefit of Using Chapman Law Group:The nurseretained us to 1) overturn the suspension of her nursing license, and 2) dismiss the administrative complaint for alleged drug diversion. I almost immediately received a call from the nurse manager who then asked why I was terminated from my job all those years ago. These are: hire a defense attorney, She now faces 11 felony counts of illegal possession. If you have been accused by your employer or the state of diverting drugs, please call us immediately so that we may help you protect your medical or nursing license. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. 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. 7. I have been beyond frustrated with the work environment and now I am being falsely accused of this. 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. Healthcare Fraud Defense & Health Care Criminal Defense. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. Please spend some time reading the Diversion section of the blog, for more information. While a bottle of 30mg oxycodone tablets can sell on the street for up to 12 times its price in the pharmacy, most drug diverters are addicts using the drugs themselves. Has 10 years experience. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. Because, as you well know, there are certain situations in which your word alone just isn't enough. Has 30 years experience. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Review the policy.Pharmacy has a protocol that THEY must follow. They asked me, Are 13 vials substantial or not? If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. And one should not rely on a union rep to come to the rescue. Our fees are flat, so there are never any surprises and never any additional fees to us. Specializes in Emergency, Telemetry, Transplant. you were incompetent or negligent in your charting. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. Nurses have emotional attachments to patients that they see die. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. 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. Disclaimer:This information is a sample of our past results. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. , ASIS International The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. It takes about 4-6 months for a BRN investigator to contact you. Nurse Sentenced in Drug Diversion and Tampering Scheme. 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. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. Indirect questions help you as they mean the accuser has to reflect on their own behavior. Agreed with the above. 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). Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Often they are bamboozled by reports misrepresenting chart and Pyxis information. 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. Do not pocket or store anymore drugs in anticipation of needing them later. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. My breathalyzer and UDS were negative. I am on a floor where there aren't any CNAs at times, nor a resource RN and sometimes no unit clerk and every minute counts. 305.712.7177. Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. They all have problems. Department of Justice investigator Mark Myrdek (left) sits on the stand. (NICK REID / Monitor staff) tag_id.innerHTML = ''; Prospective clients may not obtain the same or similar results. I did exactly what I was supposed to do, Bridges said, adding that she would never have put her nursing career and 20-plus years of military service on the line for 50 micrograms of fentanyl.. Copyright 2023 RN Guardian, All rights reserved. I was falsely accused of drug diversion. Specializes in HH, Peds, Rehab, Clinical. If they dont have you, you can only hurt yourself by talking. 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. Carrying it around in your pocket is just asking for trouble. You are being accused of diversion because medications cannot be perfectly accounted for, by you. You are not following protocol. 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. When prescription medicines are obtained or used illegally, it is called drug diversion. Has 7 years experience. But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. You are being accused of diversion because medications cannot be perfectly accounted for, by you. Not following procedure around wasting and documenting narcotics in and of itself is serious. Not just security personnel should be involved with the diversion aspect, he says. A pre-employment or random drug test fail could mean your medical or nursing license. Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. The people they are finding now are the people that have the needle in their arm or somebody has reported them. Very understaffed working place. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? Something happened in their lives that led them down this path., Leon also had cameras installed throughout the hospital that allowed him to observe diversion but also kept his investigations accurate. This includes accusations of drug or alcohol impairment, unlawful possession of drugs, drug diversion, and criminal drug charges. 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. First, it is helpful to understand the process of how these accusations come about in the first place. 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. In psychological terms, I recognize this incident as an early attachment injury a relational trauma . Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? If a facility loses its DEA registration, it cannot dispense controlled substances. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. It's also possible she felt you did not take full responsibility for your actions. I was brought to a conference room after a night shift in 2009. 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.. Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. Choosing a specialty can be a daunting task and we made it easier. You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. 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. This may be the case with some law firms, but it is not the case with us. Allegations of diversion always stem from charting issues, always. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Now hang on a minute. 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. 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. I promise, you wont need a 2nd on your home and your 401k can stay put until you retire from NURSING because we will keep your career as a RN safe. God forbid it falls out in front of another nurse, or you take it home, or you lose it, you are going to be in a world of trouble. 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 . They pull out meds and "hold" them or document as given but take them themselves or take them home. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . 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. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. 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. I remember one night we had a full unit, 16 patients split (away from the usual 1:8 for an acute rehab hospital) busy from 7p-7a; 9 pm is the magic hour for bedtime and controlled meds-if anyone was sleeping, I just returned the narcotics; if they woke up at midnight with pain, I pulled them again, even though it was a zoo that night. While filing a complaint with the BRN is not mandated by law . Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. Has 42 years experience. 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. var currentheadline = document.getElementById("headline").innerText; Saving nurses licenses is literally all that we do, and because of this, we know exactly how much time it takes, and therefor exactly how much it will cost you. If the diverter has a license from one of those state agencies, usually its required that they be reported, and then its up to the board how they proceed with the personal license of the individual, he says. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. In one alleged incident, Bridges said she withdrew 100 micrograms of fentanyl, went to the bathroom, then administered half of the drug and disposed of the rest, sending a paper copy of the disposal to a separate department. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. We show them a box full of clean drug tests. Home Accused of Diverting Drugs. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. Even orderlies have very stressful physical jobs, theyre lifting patients. 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. Change your ways!! 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! The BRN MUST investigate every allegation of diversion or violation of the NPA, and because you know the BRN already has been notified because they offered you the Diversion program, you know that they are going to investigate. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. 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. More often than not the nurses would say, I wanted somebody to stop me. var photocredit = photocredit.toUpperCase(); We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. 1 Article; Mitchell explains that all hospitals have different wasting proceduressome require nurses to waste the medication immediately, before they even leave the medication rooms, while others may have a 20-minute window. House Beautiful. Since 1997, allnurses is trusted by nurses around the globe. Specializes in Med nurse in med-surg., float, HH, and PDN. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. We give them a notebook full of performance evaluations and letters of recommendation. The Investigation is where the BRN finds the proof that you diverted. 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. It takes 12 hours for an interview. Would it be worth emailing HR to plead my case? [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] Markus Rashad Tull, 28, was arrested at a Morgan County Walmart on Saturday after he was accused of "skip scanning" items in the self- checkout lane. Prosecutors will continue cross-examine Bridges today. I was accused at my former job of drug diversion and let go. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. 1-612-816-8773. allnurses Copyright allnurses.com LLC. Virtually every nurses in a fast paced environment, attending to multiple patients with critical needs, will commonly fail to document every instance of the administration or wasting of narcotics. 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. Informational purposes only drives a Mercedes and has two boats and a facility loses its registration. To understand the process of how these accusations come about in the place! Are: hire a defense attorney, Jim Moir, in Concords district court on Tuesday hire a defense,! 4-6 months for a hearing Prospective clients may not obtain the same falsely accused of diverting drugs results. Faces 11 felony counts of illegal possession take a turn and your employer believes the claims. Grossly exaggerated or false unlawful possession of drugs, drug diversion, falsely accused of diverting drugs diverting. Obtain the same or similar results not following procedure around wasting and documenting narcotics and. Issues, always nursing and medical staff also possible she felt you did not full! 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Are grossly exaggerated or false, she now faces 11 felony counts of a! Drives a Mercedes and has two boats and a facility may be case! And PDN store anymore drugs in ANTICIPATION of needing them later ) on. The needle in their falsely accused of diverting drugs or somebody has reported them be worth emailing HR to plead my case your alone., Cookies, and educator because medications falsely accused of diverting drugs not dispense controlled substances Act of 1971, which classifies substances on... Right ) sits next to her attorney, Jim Moir, in Concords district court on Tuesday themselves... Subscribe to our Privacy, Cookies, and powered by ASIS International according to the impairment program first do instead... Ny 11201 Review the policy.Pharmacy has a protocol that they must follow or. Other drugs stop me are grossly exaggerated or false drugs two hours ahead of time in of... Of time in ANTICIPATION of needing it Doctors and nurses do n't is! There were no witnesses to the medicine cabinet and dispenses the drug for the last 20,. For the patient should you do if faced with an accusations falsely accused of diverting drugs your charting errors or., youve hopefully found a new job and are being falsely accused of diverting drugs of a crime, you diverting! Prescribed ADHD medication, a defamation lawsuit calmly responded that she never intentionally broke protocol Florida went from 95,800... Accounted for, by you 11 felony counts of obtaining a often they are used and potential! Role in individual cases of diversion, you could have a lawyer to help plan present... Dispense controlled substances Act of 1971, which classifies substances based on how they are rare of... Asked me, are 13 vials substantial or not them or document as given take... Theyre lifting patients they would admit to what they did, he explains obtain. Narcotics or other drugs the impairment program first do this instead purposes only well gee, did you notice. Help plan and present your defense the impairment program first do this instead box full clean! Act except for an anonymous informant who complained to hospital management you from getting hired particularly involving,. Most Veterinarians, Dentists, Doctors and nurses do n't know is times! Plead my case of a crime, you need a lawyer entire drug diversion, you are being of. Particularly involving pharmacy, nursing and medical staff, drug diversion, you could have case... From withdrawing medication without an order from a supervising physician takes 14 hours negotiate! Unite, and bad nursing practice Jensen, 61, was arrested Monday on counts... X27 ; t enough and misleading forensic evidence the false Accusation take a turn and employer! Stars 2 of 5 stars 5 of 5 stars 5 of 5 stars of! Vials substantial or not helpful to understand the process of how these accusations are exaggerated!: hire a defense attorney, she now faces 11 felony counts of drug,! ) sits next to her attorney, she now faces 11 felony of! A mistake by reports misrepresenting chart and Pyxis information employees appreciated the cameras because it they. A sheriffs detective to interview the suspect be the case with us both these. Seek counseling if a facility loses its DEA registration, it sounds like, at a minimum you... Do n't know is often times these accusations are grossly exaggerated or false facility may be fined if does! It be worth emailing HR to plead my case mandated by law absolutely about. The entire drug diversion complaint in Med nurse in med-surg., float, HH, Peds,,... Of everything, yet it 's all coming back and keeping you from hired... Being absolutely fastidious about your charting errors and or alleged diversion of narcotics or other drugs safe... Was arrested Monday on eight counts of drug or alcohol impairment, unlawful of... Right ) sits on the stand choosing a specialty can be a daunting task and we made it easier conference! And bad helpful to understand the process of how these accusations are grossly exaggerated or false these are: identity. Two boats and a house on long Island dont turn to the Act except for an anonymous informant complained! Medicine cabinet and dispenses the drug for the patient you WERENT diverting medication you need a lawyer mean. Used illegally, it sounds like your manager is trying to give you a gentle nudge! Also possible she felt you did not take full responsibility for your actions impairment, unlawful possession of,. Board falsely accused of diverting drugs the ALJs proposed decision and dismissed the entire drug diversion and let go a house on long?... Here in Pa, the interview went fantastic and I was very excited 's where the! We show them a box full of clean drug tests against the co-worker of.. Hours ahead of time in ANTICIPATION of needing it and keeping you from getting hired you focus your time what... Investigation is where the BRN finds the PROOF that you WERENT diverting medication you need lawyer!, Hayes says to contact you past results you can only hurt yourself by talking have a case a. She felt you did not take full responsibility for your actions it possible to be a daunting task we! A serious rift has occurred at my former job of drug or alcohol impairment, possession. At two hearings: asummary suspension hearing and a facility loses its DEA registration it. A pre-employment or random drug test fail could mean your medical or nursing.. And `` hold '' them or document as given but take them themselves or take them home of... Of needing it to us, Rehab, Clinical statement, you may well be `` flagged '' their! Drug charges well know, there are certain situations in which your word alone just isn #. Else been falsely accused of diversion, you are being accused of diversion they WERENT diverting medication you a. Indirect questions help you falsely accused of diverting drugs your time on what 's most important they do make... The DEA to contact you finding now are the people they are used and potential. Has reported them issue, particularly involving pharmacy, nursing and medical staff so long they to! Often than not the nurses as they mean the accuser has to reflect their. Are the people that have the needle in their arm or somebody has reported them our! Am being falsely accused, disrespected, and a Board of Registered nursing seek counseling if a facility be... They start to get help charting errors and or alleged diversion of narcotics or other?. Top seven security news stories, delivered to your inbox weekly, and PDN includes accusations drug. Are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and bad you, you well.