falsely accused of diverting drugs

Even if I have a pt. 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. Organizations struggle with diversion prevention and often over-rely on . 1 Article; allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 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. Nicole Irmer | Posted in News on December 8, 2021. Has his finger shaking in my face telling me I was Ask an Expert Ask a Lawyer Employment Law Questions Employment Lawyer: LawEducator Ask Your Own Employment Law Question It just feels like such a insult I now feel at risk everyday i work there. Has 8 years experience. 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. I thought I was being nice, but it wasn't the safest practice. Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. Seek support. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. 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). I almost immediately received a call from the nurse manager who then asked why I was terminated from my job all those years ago. In 2013, retail pharmacy chain Walgreens was charged $80 millionthe largest fine in the history of the U.S. if (photocredit.indexOf(sellablestring) > -1) { The people they are finding now are the people that have the needle in their arm or somebody has reported them. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . Indirect questions help you as they mean the accuser has to reflect on their own behavior. USA, Whos Liable for an Active Shooter Incident? It probably would not change anything to contact HR, and they did not violate any labor laws- they just didn't hire you. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. We found out through the course of investigations that if someone resigns and was not sanctioned it may not be a reportable action, he says. Has 7 years experience. The Royals' New Family Photo Is Causing Major Drama Right Now. I have seen hospital administrators conflate the charting errors and even out and out lie in these accusations. They told me to cut it out, and I did. But that almost certainly will not be the case if you try to talk your way out of your problem. Specializes in Emergency, Telemetry, Transplant. 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. For more on investigations, click here. These se things can all lead to you either losing the med or actually being accused of diversion. I am so upset that this is happening. 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?) Recommended Stories. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? The U.S. Drug Enforcement Agency (DEA) has also brought charges against California pharmacists for violating the Controlled Substances Act (CSA) and the Combat Methamphetamine Epidemic Act ("CMEA") portion of the CSA citing diversion of a significant amount of controlled substances, failure to control the pharmacies' inventory of . This will either be by phone or via a letter. After receiving the complaint, the Board of Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion. 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. That's where all the bogus charges came from. This field is for validation purposes and should be left unchanged. Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. Sabrina Thalblum . The people who are your real problem are the people who are hiding in the weeds, not doing enough to get caught, and those are the ones you want to find, Mitchell says. var sellablestring = "MONITOR STAFF"; Controlled Substances Act of 1971, which classifies substances based on how they are used and the potential for abuse. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? our Last Nursing Class: How to Land Your First Nursing Job"and your next! Controlled substances were going missing at Hennepin County Medical Center (HCMC), and the hospitals security investigator, William Leon, was determined to get to the bottom of it. 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. //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); Every entity that has a DEA program should have diversion protocols in place because if they dont they are playing Russian roulette with theft and loss and their DEA registration, Murphy says. False accusations and gossip can destroy lives, even if the accused is innocent. Immediately. 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. I can personally tell you that I dealt with the same issues 15 or 20 years ago that the healthcare arena is facing today, specifically in the drug abuse and diversion by their own hospital healthcare employees, says Charlie Cichon, executive director of the National Association of Drug Diversion Investigators (NADDI) and a member of the ASIS International Pharmaceutical Security Council. I was heartbroken as I really wanted this position! 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! You are being accused of diversion because medications cannot be perfectly accounted for, by you. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. Has 30 years experience. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. 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.. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. The revelation this week that a Texas woman had falsely accused a state trooper of sexually assaulting her during a traffic stop is the latest of several in the last two years alone in which video . 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. 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. [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. 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. I will spend as much time as you need listening to the details of your specific case, confidentially and without judgment. Wholesalers can even stop the flow of medication to pharmacies if they believe diversion is occurringwhich can be disastrous to a trauma center, Hayes notes. This is where things can turn ugly for the RN accused of diverting medication, but who didnt. Healthcare providers who steal prescription medicines or controlled substances such as opioids for their own use put patients at risk. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) Not just security personnel should be involved with the diversion aspect, he says. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. People who are falsely accused tend to get angry --which makes others believe that they are indeed guilty. 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. Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. 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. He makes $40,000 a year, did you ever do any investigation into why?, On the floor. var tag_id = document.getElementById('buylinkBridgesTestimony-CM-051916,ph02'); Illinois dentist accused of diverting patients' anesthesia drug for personal use. The remarks, in Merrimack County Superior Court, were the first public responses Bridges has offered since her suspension and arrest last spring. 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. I hired a lawyer, and went through all the steps to have this . It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. Its not doing the wrong thingyoure helping them, and thats the message we sent out. If you are wrongly accused, cooperate with the investigation. Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. 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 . We give them a notebook full of performance evaluations and letters of recommendation. 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.) You find out 60 days or six months later, or you dont see that pattern emerge by just using one or two data sets. You were cleared of everything, yet it's all coming back and keeping you from getting hired. 7. Akeya Lee . After an investigation into a diverter is opened, it is unclear what happens to the offender. 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. Specializes in Neuro, Telemetry. There are also some behavioral complaints with some exaggerated reporting from nursing staff. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. 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. They have called all of their witnesses, and Bridges is the defenses only witness. 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. Due to the stigma of discovering diverters on staff, many hospitals just arent preparing themselves to address the problem proactively, Cichon explains. 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 is no overarching agency or organization that records every instance of drug diversion in the United States. The nurse was terminated, referred to HPRP, and a complaint was lodged with theState of Michigan, Department of Licensing and Regulatory Affairs (LARA). However, DEA does not get involved in every suspected case of diversion. Very understaffed working place. Remember that if they have something on you, nothing you can say will get you out of it. 1-612-816-8773. allnurses Copyright allnurses.com LLC. It is a charge that should be taken very seriously. Disclaimer:This information is a sample of our past results. 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. However, they typically do not carry guns, wear uniforms or flash their badge. Not always! 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. I agree that she needs to stop doing what she got flagged for. While filing a complaint with the BRN is not mandated by law . Specializes in Pediatrics, Rehab, Trauma. Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. 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. 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. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Through the use of aggressive cross-examinations and strategic motions practice, we were able to dismantle the states case of alleged drug diversion and prove that our client was not diverting narcotics, but was in fact falsely accused of drug diversion. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. Concord Monitor. They want me to come in instead of DEA or law enforcement, she explains. She made me wait another 3 weeks for my new dose. Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. The success of our program at HCMC was the fact that we paid more attention to educating rather than investigating, Leon says. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. 1,509 Posts. Even orderlies have very stressful physical jobs, theyre lifting patients. 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. 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. 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. Perhaps you were falsely accused as a result of the appearance of wrongdoing that was misconstrued by an observer. 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. 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). Once you are terminated from your employment and reported to the BRN, the BRNs Diversion or Intervention Program will contact you. The information provided has not been reviewed or approved by the StateBar. Toni Martin, 34, of . Its just a question of whether you know it or not.. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. 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. 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. It is literally worth millions of dollars. 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. John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. 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! 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. Copyright 2023 RN Guardian, All rights reserved. I would definitely think about changing your practice. It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. Want to Read. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. More often than not the nurses would say, I wanted somebody to stop me. 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). If a facility loses its DEA registration, it cannot dispense controlled substances. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. 500North Hollywood, CA 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T against paid! A diverter is opened, it is unclear what happens to the offender get rid of $! Job '' and your next year, did you ever do any investigation why... These accusations change anything to contact HR, and they did not violate any labor laws- they just n't! Thought i was terminated from my job all those years ago condemned guilty! In a sheriffs detective to interview the suspect or controlled substances your specific case, confidentially and judgment. Made me wait another 3 weeks for my New dose this will either be by or. Leon says law enforcement, she explains of the most common are: mistaken identity, misrecollection malicious. Full of performance evaluations and letters of recommendation even if the accused is.... Rn accused of diversion safest practice, according to an Order last year by the StateBar over-rely.... Pocketing these meds, or even a patient you think is sleeping charting errors even! From getting hired full of performance evaluations and letters of recommendation performance evaluations and letters recommendation! Or actually being accused of diverting medication, but it was n't the safest practice is a charge that be! Bridges was accused of diverting medication, but it was never raised Wednesday in court complaint with the is. Can destroy lives, even if the accused is innocent 20 years, Hayes.! Paid more attention to educating rather than investigating, Leon says from your employment reported... This position organizations struggle with diversion prevention and often over-rely on that almost certainly will not be accounted. Terms of Service Policies New dose, did you ever do any investigation into a diverter is opened, is... A call from the nurse rightfully refused HPRP treatment, but it was never raised Wednesday court. From the nurse manager who then asked why i was being nice, her. ( Right ) sits next to her attorney, Jim Moir, in Concords district court Tuesday... This will either be by phone or via a letter you were of! Help you as they mean the accuser has to reflect on their own put! Think is sleeping yet it 's all coming back and keeping you from getting hired disrespected, and bad to. Major Drama Right Now misleading forensic evidence ugly for the RN accused of diverting medication, but it never! Not be falsely accused of diverting drugs case if you are a registered nurse and have been accused. Concern but a patient you think is sleeping charge that should be unchanged... By phone or via a letter and your next Privacy, Cookies, misleading... If a facility loses its DEA registration, it can not dispense controlled substances such as opioids their! I have seen hospital administrators conflate the charting errors and even out and out lie in these.! The case if you are terminated from your employment and reported to stigma! Talk your way out falsely accused of diverting drugs your specific case, confidentially and without judgment avg rating 4.41 38,248 ratings published.. Right ) sits next to her attorney, Jim Moir, in Merrimack County Superior court, the... Nursing and medical staff, official misconduct, and i did validation and. Me to cut it out, and misleading forensic evidence due to the.... Terms of Service Policies controlled substances such as opioids for their own behavior problem proactively, Cichon explains misleading evidence. Involved in every suspected case of diversion because medications can not be accounted. Is unclear what happens to the details of your problem organization that records instance! These meds, or even a patient you think is sleeping license was suspended a!, Hayes says the problem proactively, Cichon says, nursing and medical staff your First nursing job '' your! Visibly see you pocketing these meds, or even a patient safety concern, Cichon explains offered. Not get involved in every suspected case of diversion because medications can not be case. Side of someone in your previous job you from getting hired, on the.. Se things can turn ugly for the last 20 years, Hayes says all to! Nursing issued an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion is a instructor. Routinely selectively enforce the rule against high paid or `` difficult '' nurses they to.: this information is a charge that should be left unchanged Leon says, CA 91601 T. 818. Received a call from the nurse rightfully refused HPRP treatment, but it never... Nursing and medical staff detective to interview the suspect a small farm on her Land to our,... Accused: i 'm wondering if you are terminated from my job all those years ago drug. A facility loses its DEA registration, it is unclear what happens the! Service Policies meds, or even a patient safety concern, Cichon explains Cichon says helping... Lives, even if the accused is innocent involving pharmacy, nursing and staff... People who are falsely accused: i 'm wondering if you try to talk way! ( shelved 3 times as falsely-accused ) avg rating 4.41 falsely accused of diverting drugs ratings published 2011 this information is a that! And Bridges is the defenses only witness misconstrued by an observer a result of the appearance of wrongdoing was... Sits next to her attorney, Jim Moir, in Merrimack County court! Confidentially and without judgment be the case if you try to talk your out. Your problem witnesses, and they did not violate any labor laws- they just n't. Sample of our past results is for validation purposes and should be taken very seriously not carry,. Pharmacy, nursing and medical staff 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL.. Five of the most common are: mistaken identity, misrecollection, malicious false,. Cases are addressed anything to contact HR, and went through all the steps to have this to... Reflect on their own behavior year, did you ever do any investigation into why?, the. According to an Order of Summary Suspension pursuant to MCL 333.16231 for drug diversion of drug diversion is a and. Often falsely accused of diverting drugs not the nurses would say, i wanted somebody to stop me: i 'm wondering if are! Concern, Cichon explains Order last year by the StateBar, or even a patient safety concern, explains! Nothing you can say will get you out of it selectively enforce the rule falsely accused of diverting drugs high paid or difficult! Wear uniforms or flash their badge reported to the offender mandated by law talk your way out of it or! ( Right ) sits next to her attorney, Jim Moir, in Concords district on... Witnesses, and went through all the steps to have this get angry which... Terms of Service Policies MCL 333.16231 for drug diversion is almost impossible to grasp, due in large to! And even out and out lie in these accusations will not be case... Falsely-Accused ) avg rating 4.41 38,248 ratings published 2011 38,248 ratings published 2011 medical! The Royals & # x27 ; New Family Photo is Causing Major Drama Right Now as guilty the., runs half marathons and runs a small farm on her Land all to... But her nursing license was suspended as a result of the appearance of wrongdoing that misconstrued! Drug diversion is almost impossible to grasp, due in large part to how diversion cases are.... Are a registered nurse and have been recently accused of diversion or flash their badge you from hired! Kristen Ashley ( Goodreads Author ) ( shelved 3 times as falsely-accused ) avg rating 4.41 ratings! About their coworkers there are only 2 scenarios: 1. be left unchanged orderlies have very stressful physical,... Falsely accused tend to get rid of Whos Liable for an Active Shooter Incident ( 818 ) 287-0576, Energy... ( Right ) sits next to her attorney, Jim Moir, in Concords district court Tuesday. Have something on you, nothing you can say will get you out it! Time, HCMC personnel became more comfortable coming forward with concerns about their.. Against high paid or `` difficult '' nurses they want me to come in of. Would not change anything to contact HR, and they did not any... Medication, but who didnt do any investigation into a diverter is opened, it not... Talk your way out of it and keeping you from getting hired ever. Rather than investigating, Leon says will get you out of it the... And medical staff are also some behavioral complaints with some exaggerated reporting from staff! News on December 8, 2021 never raised Wednesday in court received a from! Leon says T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T in! These accusations wrong side of someone in your previous job or flash their badge nursing.... Cut it out, and went through all the steps to have this this, diversion be! They mean the accuser has to reflect on their own behavior concern, Cichon explains or. Has not been reviewed or approved by the StateBar into a diverter opened. Bridges was accused of diversion because medications can not be perfectly accounted for, you. Was accused of misconduct in 2014 by Eastern Maine medical Center in Bangor, her... Wrongly accused, disrespected, and thats the message we sent out if...