Fast forward to your recent interview in a different health care system. Organizations struggle with diversion prevention and often over-rely on . Once the hospital makes an adverse finding or fires a nurse, they then generate a report to forward to The California Board of Registered Nursing. In another, Bridges said that her patient, a man with cancer, had been taking high doses of morphine at home and was at risk of going through withdrawals while he waited for hours for a bed in the main part of the hospital. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. Department of Justice investigator Mark Myrdek (left) sits on the stand. We frequently defend nurses and doctors accused of diverting drugs. if (photocredit.indexOf(sellablestring) > -1) { Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home patients. Drugs are most likely to be diverted during those times when they are in transit or exchanging hands, outside of the closed loop. It takes about 4-6 months for a BRN investigator to contact you. The Associated Press used government-obtained data in its investigations on drug diversion at U.S. Department of Veterans Affairs (VA) medical centers. 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.. 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. 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. 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). 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! People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. We save your license because we show that while you may have a made a mistake or 2 in the past, you did not divert medication and you have learned your lesson about the importance of perfect charting. 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. If you have been falsely accused of a crime, you need a lawyer to help plan and present your defense. We had a nurse who was highly suspected of diverting, he says. Illinois dentist accused of diverting patients' anesthesia drug for personal use. South African nurse wants to work in Canada. HPRP attempted to force the nurse into treatment despite the fact that she did not need it. Are you sure it was hydromorphone? and she was insisting she had, Leon says. Any company involved with controlled substances, whether manufacturing, distributing, or dispensing, must be registered with the DEA and must adhere to certain rules and regulationswhich arent always easy to follow. Healthcare workers are not immune to the draw of opioids. To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. If you are diverting medication you need to get help. 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. 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. 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. Our members represent more than 60 professional nursing specialties. If you have to surrender yourself in Court, so be it. However , understand the error in your practice and in terms of safety for your patients. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. Not just security personnel should be involved with the diversion aspect, he says. 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. Perhaps you failed to properly waste a med. John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. Having support is essential when you're accused of something that you haven't done. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. Prospective clients may not obtain the same or similar results. Copyright 2023 RN Guardian, All rights reserved. Please spend some time reading the Diversion section of the blog, for more information. 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! From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. Take the extra 5 minutes to pull med school per policy. 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. This includes accusations of drug or alcohol impairment, unlawful possession of drugs, drug diversion, and criminal drug charges. 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. No accusations from patients. Healthcare providers are in very stressful jobs, Hayes says. 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. 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. All Rights Reserved. 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. Illinois dentist accused of diverting patients' anesthesia drug for personal use Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a controlled substance by fraud, one count of tampering with consumer products, and three counts of false statements related to health care matters. 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. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. 1-612-816-8773. allnurses Copyright allnurses.com LLC. So be smart and get a lawyer. Although most diverters are fired when their actions are discovered, they are not always arrestedits often at the discretion of their employer. Whether in manufacturing plants, retail pharmacies, hospitals, or long-term care facilities, healthcare workers are stealing drugstypically for their own personal useand putting themselves, patients, and coworkers at risk. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. 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. She never said she put meds in her pocket or on her person. 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. 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? Dont start dialing that 1800 number just yet we can help! 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. Has 8 years experience. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. 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. 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. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. Every case is different and each case must be evaluated and handled on its own merits. CONCORD, N.H. A group accused of displaying Keep New England White banners from an overpass in New Hampshire faces state Civil Rights Act A judge on Tuesday rejected a lawsuit against New Hampshires largest city to prevent the planned eviction of homeless people at an encampment. Pharmacists can make mistakes that mean life or death. Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains. Specializes in Med nurse in med-surg., float, HH, and PDN. Allegations of diversion always stem from charting issues, always. Specializes in Critical Care, Med-Surg. Our members represent more than 60 professional nursing specialties. }. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. Alexandria, Virginia 22314-2882 Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. 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 circumstances of your case may differ from the results provided. 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. My breathalyzer and UDS were negative. Controlled substance management is dictated by a number of laws, including the U.S. our Last Nursing Class: How to Land Your First Nursing Job"and your next! you did it, 2.) Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. contemporary art in region 7 brainly; marc klopp instagram. We give them CEUs of classes on charting. 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. 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. Hospital staff called the pattern unusual. 6. There is no overarching agency or organization that records every instance of drug diversion in the United States. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. 1 Article; 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. var currentLocation = window.location; There can also be false negatives because an opioid is simply prescribed in too low of a dose to be detected. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. Three nurses indicted this week in Warren County are accused of stealing opioids from their patients for their own use, according to authorities. 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. DANVILLE A former registered nurse at the Geisinger Medical Center near Danville has been accused of diverting prescription drugs for her personal use over a five-month period. 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