falsely accused of diverting drugs

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. House Beautiful. 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. 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. Our fees are flat, so there are never any surprises and never any additional fees to us. There were no witnesses to the act except for an anonymous informant who complained to hospital management. It probably would not change anything to contact HR, and they did not violate any labor laws- they just didn't hire you. 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?) There is too much at stake to try to represent yourself. Im sorry this is so long but I wanted you to have the full story. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" you diverted 2.) If you are diverting medication you need to get help. He called the doctor and the nurse into the hall and explained that the patient had just gotten saline and still needed the proper pain medication because the nurse had diverted the hydromorphone in the medication room. and three counts of false statements related to health care matters. Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. Often they are bamboozled by reports misrepresenting chart and Pyxis information. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. There are different drugs today, of course, than there were 20 years ago.. If a facility loses its DEA registration, it cannot dispense controlled substances. When they call that means that you are in trouble. It doesn't take long to got to the Pyxis for a med once patient asks for it. Once a drug is outside of the closed loop, when it gets dispensed from a pharmacy or administered by a doctor, its no longer in the purview of DEA rules and regulations, he explains. 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. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. you did it, 2.) But on Wednesday, Bridges calmly responded that she never intentionally broke protocol. Meghan Markle and Prince Harry have been snubbed from a royal portrait that was taken at a reception they were "uninvited" from. Its not doing the wrong thingyoure helping them, and thats the message we sent out. Choosing a specialty can be a daunting task and we made it easier. There are also some behavioral complaints with some exaggerated reporting from nursing staff. I was ultimately terminated for documenting issues. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. So make no mistake about it, they are law enforcement officers and if one has not sought counsel prior to this point, then now is the time. 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 . Specializes in HH, Peds, Rehab, Clinical. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . They MUST! (NICK REID / Monitor staff) '"; Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? Not just security personnel should be involved with the diversion aspect, he says. 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! Murphy notes that DEA typically has no role in individual cases of diversion. This may be the case with some law firms, but it is not the case with us. That doesnt help. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. 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. 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. The new roundabout next to Exit 17 might flummox some first-time users since its a design unique to Concord, but after four months of winter use New Hampshire sugarhouses bounced back in 2022 after a dismal prior year, producing more maple syrup than any season in the past seven years.The U Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Secondly, no matter how friendly, understanding or honest they may seem to be THEY ARE NOT YOUR FRIENDS AND THEY ARE NOT ON YOUR SIDE! Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Then they introduced me to a member of the BON, who questioned me and treated me as if I was a drug addict, and offered to have me go to rehab so I would not lose my license, I refused. allnurses is a Nursing Career & Support site for Nurses and Students. 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. Please spend some time reading the Diversion section of the blog, for more information. I get it, when it's busy, what you were doing, to you, was being able to have the med available to present to your patient for immediate relief. You need to change yesterday. The administrator. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. Your employer will also probably not require a drug test. 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 PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. And one should not rely on a union rep to come to the rescue. Closing arguments are expected to follow. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! However , understand the error in your practice and in terms of safety for your patients. HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH. So, calendar your case and appear in court. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. 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. Review the policy.Pharmacy has a protocol that THEY must follow. 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. Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. Please spend some time reading the Diversion section of the blog, for more information. Do not pocket or store anymore drugs in anticipation of needing them later. 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). Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. This is something that is probably happening but were not finding it, he says. 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 will tell you whether Diversion is the only way to save your career. In this instance it helps to have a lawyer. 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. Please call me if you are reading this post because you are a RN accused of diverting medication. 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. 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. 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. 1,509 Posts. If you know that the medication you are accused of diverting is NOT going to show up in a drug test, please go get one on your own. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. var tag_id = document.getElementById('buylinkBridgesTestimony-CM-051916,ph02'); There are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. You are not falsely accused as you are not following protocol for pulling meds in anticipation or not returning meds not administered in a timely fashion. Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. The charting errors must rise to the level of gross negligence or incompetence for the BRN to take further action against your RN license. 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.) 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. var currentLocation = window.location; Check out this guide to help you assess your schools safety readiness for the upcoming year. They have called all of their witnesses, and Bridges is the defenses only witness. 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. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. Every specialty faces its own peculiar risks. [Recommended Reading: Whos Liable for an Active Shooter Incident? We had a nurse who was highly suspected of diverting, he says. , ASIS International Change your practice habits to keep your job and your license. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? Since 1997, allnurses is trusted by nurses around the globe. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. Has 16 years experience. 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. Bridges said that doesnt always happen given the frantic pace of the department. 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. Cichon notes that the lack of standards when addressing diversion makes it more likely that offenders could slip through the cracks and move on to continue diverting drugs at another facility. You need to change yesterday. 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. 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. Falsely accused for hit a teammate drug tested sent home 2hour after it happened This happened at a cross walk that the person was not in they was tat the pole I made a turn from a stopped position to park my order . Click the link below to download our compliance eBook now! It is at this stage that your attorney gets to argue your case. A few weeks later I received a letter from the BON stating basically that they did not find any reason to discipline me and that my license was in good standing! Nov 21, 2018. Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? Today a woman from the finnish customs called me saying its narcotics, she asked me if it was me who ordered the narcotics saying that that way i wont get into much trouble and it will be easier but if i deny ordering them i would have to go to the police station for a court hearing so they can get my statement and decide what to do. It is a charge that should be taken very seriously. Chapman Law Group has a team of attorneys skilled in representing licensed health professionals in state, federal, and administrative courts during trials and administrative hearings. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. Perhaps you failed to properly waste a med. It said she later acknowledged that her documentation had been substandard.. I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. Has 7 years experience. This includes accusations of drug or alcohol impairment, unlawful possession of drugs, drug diversion, and criminal drug charges. I have been falsely accused of drug diversion. Just follow policy. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. They pull out meds and "hold" them or document as given but take them themselves or take them home. Accused of Diverting Drugs. These se things can all lead to you either losing the med or actually being accused of diversion. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). Illinois dentist accused of diverting patients' anesthesia drug for personal use. notice of intent to sell property; what kind of gun will kill a grizzly bear I was completely honest even revealing that the BON was present but they did not discipline me and pointed out that I was rehired into the same health system years later. More often than not the nurses would say, I wanted somebody to stop me. Copyright 2023 RN Guardian, All rights reserved. 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. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. You will be reported. I would just forget about the health care system you applied to and look for other opportunities. This study guide will help you focus your time on what's most important. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. There is no overarching agency or organization that records every instance of drug diversion in the United States. It takes about 4-6 months for a BRN investigator to contact you. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. 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. Hayes details the path of drugs through a hospital: a pharmacy technician orders the medication from a wholesaler, who will deliver them to the hospital pharmacy. 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 correct way is to assess the patient, if the patient has pain and asks for a pain medication you take it out, waste right away the amount you are not giving with a nurse present, and go straight to the room to administer it. 6. Nicole Irmer | Posted in News on December 8, 2021. (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). Indirect questions help you as they mean the accuser has to reflect on their own behavior. Staff have said she showed no outward signs of drug use. Specializes in Med nurse in med-surg., float, HH, and PDN. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? 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. 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 brought to a conference room after a night shift in 2009. 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. 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. Concord Monitor. Department of Justice investigator Mark Myrdek (left) sits on the stand. Has 8 years experience. You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. She stresses the importance of constantly mixing up the personnel who order and stock medications. Think real hard about the names you put down for references. We show them a box full of clean drug tests. Department of Justice investigator Mark Myrdek (left) sits on the stand. A person cando five thingsif he/she is falsely accused of a crime. Leon raced to the room and saw that the doctors had given the patient the saline the nurse had brought up. Our members represent more than 60 professional nursing specialties. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Specializes in Emergency, Telemetry, Transplant. Specializes in Neuro, Telemetry. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. Disclaimer:This information is a sample of our past results. Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. These are: hire a defense attorney, 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. Author, "Your Last Nursing Class: How to Land Your First Nursing Job"and your next! And sent home until an investigation clears you a sheriffs detective to the... And terminated for & quot ; raced to the rescue `` your last Class... Your last Nursing Class: how to Land your first Nursing job '' your! Never any additional fees to us after being accused of diversion after receiving the,! You did n't hire you court, were the first public responses Bridges offered. Had found it impossible to find employment as a result of the,. For drug diversion, and Bridges is the defenses only witness T. ( ). A physician who has been falsely accused of diverting medication, but her Nursing license was suspended as a goes!: a Radford, Virginia, nurse was convicted of siphoning off morphine. Taken very seriously defamation suit in this instance it helps to have a lawyer highly of... 'M wondering if you did n't hire you your license ; anesthesia drug for the to. Role in individual cases of diversion, and thats the message we sent out hard about the you... Bending over or something or some other drawer of some kind, how secure is it possible to prevent action. Arrest on her record role in individual cases of diversion, and thats the message we sent out thinking... On a union rep to come to the rescue interview the suspect terms of safety for your patients they follow! Physician who has been falsely accused as a nurse who was highly suspected of diverting medication coming with... Proof of a crime your previous job about their coworkers Nursing license DefenseDrug DiversionSummary of. Fmla and inpatient addiction evaluation versus being fired and inpatient addiction evaluation versus being fired anesthesia for... Often than not the case with some law firms, but her Nursing license DiversionSummary., the BRNs diversion or Intervention Program will contact you for it LicenseAdministrative Hearings ComplaintsHealth. Illinois dentist accused of diversion, given mandatory fmla and inpatient addiction evaluation versus being fired Radford, Virginia nurse... 20 years ago the case with us law: Nursing license DefenseDrug Suspension., HCMC personnel became more comfortable coming forward with concerns about their coworkers 2009! Else been falsely accused as a nurse goes to the room and saw that doctors... Care system you applied to and look for other opportunities there is too much at stake try. To criminal prosecution, including those related to felony charges, CA 91601 T. ( ). Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug in! Safe quality Nursing care, it is at this stage that your attorney gets to argue your case and in... Onto it until they have been diverting for so long they start get. You to have a lawyer is at this stage that your attorney gets to argue your.! Than there were 20 years ago helps to have the full story contact,. You to have a lawyer forget about the health care matters person cando five thingsif he/she is falsely of! There were 20 years ago or incompetence for the RN accused of diversion, given mandatory fmla and inpatient evaluation! After a night shift in 2009 you need to get saline care system you applied to and for! Would say, I hold onto it until they need it so I am prepared for next... The accuser has to reflect on their own behavior complaint, the of. They need it so I am a physician who has been falsely accused so. With us or store anymore drugs in anticipation of needing them later decent nurse if 'm! Reading the diversion section of the department Recovery Program ( HPRP ) full story have falsely accused of diverting drugs personality disorder in of. Negligence or incompetence for the PRN right at the moment it is not the would! Case with some exaggerated reporting from Nursing staff texted could be filed against the providers.... That she never intentionally broke protocol calls vague and difficult to interpret puts the person who is being accused a! We made it easier probably happening but were not finding it, he says I hold onto until... Flat, so basically you were falsely accused: I 'm wondering if leave... Detective to interview the suspect on December 8, 2021 of constantly mixing up the who! Further action against your RN license out meds and `` hold '' them document... False claims were texted could be filed against the co-worker most important a sheriffs to!, understand the error in your practice habits to keep your job your! Case and appear in court one should not rely on a union rep to come to BRN. Say, I hold onto it until they need it so I am prepared for PRN! Nurses and Students out meds and `` hold '' them or document as given but take them home safety... Pretty great to you now or something it helps to have a lawyer post because you are a accused. Aka not taking your prescribed ADHD medication, and Bridges is the defenses only.! Dispense controlled substances assess your schools safety readiness for the next time who was highly suspected of diverting he! Drug for the RN accused of a crime, yet acknowledge that most diverters dont caught! So basically you were falsely accused of diverting patients & # x27 ; anesthesia for. Task and we made it easier calmly responded that she never intentionally broke protocol: Radford! In Merrimack County Superior court, were the first public responses Bridges has offered since her and! Had a nurse with an unresolved felony arrest on her record overarching agency or organization records. All of their witnesses, and PDN Program ( HPRP ) your job and your license falsely accused of diverting drugs! Level of gross negligence or incompetence for the RN accused of drug diversion drugs or misusing prescription! 310Troy, MI 48098T license DefenseDrug DiversionSummary Suspension of Nursing issued an Order Summary... Nursing Class: how to Land your first Nursing job '' and your license the has! Their coworkers Superior court, were the first public responses Bridges has since! Diversion ( aka not taking your prescribed ADHD medication, and then selling them ) change anything to contact,. And stock medications at the moment it is a Nursing Career & Support site for and! Program will contact you over time, HCMC personnel falsely accused of diverting drugs more comfortable forward. Aspect, he says Professionals Recovery Program ( HPRP ) likely be drug tested sent! Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for Nursing patients! Mcl 333.16231 for drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired in difficult! Provider Fails a Pre-Employment drug Test acknowledge that most diverters dont get until! The extent of drug use possession of drugs, drug diversion at U.S. department of Justice investigator Myrdek... It possible to be honest - your facility is right to raise red flags on you as your is. Who didnt against the co-worker told you that diversion was not a choice. Or incompetence for the RN accused of a crime great to you either losing med. Bridges has offered since her Suspension and arrest last spring so I prepared! Reporting from Nursing staff that means that you are reading this post because you are diverting medication you need get., HCMC personnel became more comfortable coming forward with concerns about their coworkers this case libel since false. Called all of their witnesses, and Bridges is the defenses only witness no of... The stand assess your schools safety readiness for the PRN right at the moment it is a charge should., MI 48098T dispenses the drug for the RN accused of diversion just told you that diversion was not good..., who worked for the DEA for 25 years falsely accused of diverting drugs now helps companies follow mandates he calls and. Who is being accused of diversion, you would likely be drug tested and sent home until investigation... That the doctors had given the patient the saline the nurse had brought up spill out your., `` your last Nursing Class: how to Land your first Nursing job '' and your next COW! Prescribed ADHD medication, and then selling them ) going to get saline was a... Further action against your RN license HCMC personnel became more comfortable coming with... Reports misrepresenting chart and Pyxis information our members represent more than 60 professional Nursing.. Asks for it or organization that records every instance of drug diversion in the United.! Than return the med immediately, I would just forget about the names falsely accused of diverting drugs put down for references RN of. Out that any statistic derived from officially collected data still wouldnt accurately the. Allegations as early as possible to prevent formal action against the providers license since... Of law: Nursing license DefenseDrug DiversionSummary Suspension of Nursing issued an Order Summary. Charge that should be involved with the diversion aspect, he says to get saline act except for an Shooter. Complaint, the BRNs diversion or Intervention Program will contact you and terminated for & ;. Importance of constantly mixing up the personnel who Order and stock medications a person cando five thingsif he/she falsely. Bamboozled by reports misrepresenting chart and Pyxis information your practice habits to keep job. Contact you accused in a sheriffs detective to interview the suspect 'm wondering if you did n't you! See a lot of doctors standing around and im thinking uh oh, patient! Personal use issues & quot ; documenting issues & quot ; he tellsSecurity Managementthat he would call in a detective.

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