Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. It is literally worth millions of dollars. The Investigation is where the BRN finds the proof that you diverted. Has 8 years experience. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. Pharmacists can make mistakes that mean life or death. Fudin says fentanyl may not show up on an opiate screen because it has a different chemical structure compared to most commonly prescribed opioids. Please Note: The statements and information provided on this website are for informational purposes only. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Do not, under any circumstances, offer any information or answer any questions. you didnt. It is no secret that attorneys are not cheap, but losing your RN license is a much bigger financial impact and participation in Diversion will cost you about $18,000.00 over the three or more years you are stuck in it. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. Expectations Are Changing, Introducing the New Executive Protection Certificate. You have a clean drug test, that you got on your own. Experts agree that the most egregious diversion occurs during the wasting and dispensing process in scenarios similar to the incident Leon witnessed at HCMC. I was wondering if anyone has any experience of being falsely accused of med diversion due to giving meds 1-2 hours after pulling them out of the pyxis. 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. I would definitely think about changing your practice. I would just forget about the health care system you applied to and look for other opportunities. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Healthcare Fraud Defense & Health Care Criminal Defense. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. If you are wrongly accused, cooperate with the investigation. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. These investigators are police officers with all the rights and abilities of police officers to conduct an investigation. This will either be by phone or via a letter. 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. Kasey Leigh Travis has been charged with six counts of obtaining a controlled substance by fraud or deceit, failure to make keep or furnish records, furnishing false or fraudulent information and. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Controlled substance management is dictated by a number of laws, including the U.S. 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. The opioid addiction in America has lit my practice on fire, she says. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. I think the combination is almost deadly.. The Board accepted the ALJs proposed decision and dismissed the entire drug diversion complaint. avg rating 4.27 5,457,050 ratings published 1960. They told me to cut it out, and I did. It takes 12 hours for an interview. 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. . 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. Department of Justice investigator Mark Myrdek (left) sits on the stand. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. allnurses is a Nursing Career & Support site for Nurses and Students. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. 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. Having support is essential when you're accused of something that you haven't done. [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. It takes an average of 4 hours to review your case. There can also be false negatives because an opioid is simply prescribed in too low of a dose to be detected. PUBLISHED: November 17, 2012 at 12:00 a.m. | UPDATED: September 11, 2018 at 12:00 a.m. A state licensing board and the Attorney General"s Office have accused a vocational nurse of diverting . The circumstances of your case may differ from the results provided. There were no witnesses to the act except for an anonymous informant who complained to hospital management. From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. If we allow this person to resign rather than take action against him, then we dont have to report it.. When prospective employers are doing reference checks, who are they calling? 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. var currentLocation = window.location; I agree that she needs to stop doing what she got flagged for. Well gee, did you ever notice that John drives a Mercedes and has two boats and a house on Long Island? Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. Doctors and nurses accused of drug diversion: Contact Call The Law Office of Sean R. Dingle, LLC, in Denver, to learn how to protect your professional license. The nurse had found it impossible to find employment as a nurse with an unresolved felony arrest on her record. Remember that if they have something on you, nothing you can say will get you out of it. I see a lot of doctors standing around and Im thinking uh oh, this patient is going to get saline.. you diverted 2.) The closest estimates of drug diversion rates come from people or organizations who dig up the numbers themselves. 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. As big as the issue is, many of them are still just not being that proactive in looking at the possibility that this is happening in their facility., Cichon encourages a team approach to diversion that acknowledges diversion as a real threat. Fast forward to your recent interview in a different health care system. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. What Happens If a Healthcare Provider Fails a Pre-Employment Drug Test or Random Employment Drug Test? You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. Im a private citizen, I understand law enforcement procedures, and I can help them get at the root of the problem before they call in law enforcement.. What got me on this path of prevention was observing the nurses as they would admit to what they did, he explains. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 We successfully negotiated an arrangement to permit immediate reinstatement of the RNs license following assessment by a mental health professional deeming our client safe with probation. This can result in several types of patient harm, including: 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 are many reasons why a person may get falsely accused of a crime. This puts the person who is being accused in a difficult spot: There is no proof of a crime, yet . Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. She now faces 11 felony counts of illegal possession. Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. Decline plea bargains. 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! Healthcare workers are not immune to the draw of opioids. USA, Whos Liable for an Active Shooter Incident? 1 Article; Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. She said she routinely visited the break room to grab a snack, check her cell phone or use the staff restroom inside, which she assumed was cleaner than the public ones. Unfortunately, there are different laws and statutes in every state that set up some sort of reporting requirements, he says. This is because they DONT WANT PROOF that you WERENT DIVERTING! Its no secret that opioid addiction has reached epidemic levels in the United States. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. (Jeremy Blackman can be reached at 369-3319, jblackman@cmonitor.com or on Twitter @JBlackmanCM.). Gary Green is accused in a grand jury indictment of failing to inform the U.S. Drug Enforcement Administration when he transferred and stored controlled substances in the offices of Guaranteed. 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