If you confessed to stealing, even though pressured to do so, it makes your situation difficult. 7. He also notes the importance of following up internally on each diversion case and figuring out what went wrong, and adjusting procedures to address any lapses. //LBtag_id.innerHTML = ' Buy this Image'; 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 . John the technician has been taking the drugs up to the floors for the last 20 years, Hayes says. But there is no reason to panic. I was ultimately terminated for documenting issues. The . Lady Luck (Colorado Mountain, #3) by. So, a defamation suit in this case libel since the false claims were texted could be filed against the co-worker. And one should not rely on a union rep to come to the rescue. It takes 12 hours for an interview. 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. The Royals' New Family Photo Is Causing Major Drama Right Now. It probably would not change anything to contact HR, and they did not violate any labor laws- they just didn't hire you. 1-612-816-8773. allnurses Copyright allnurses.com LLC. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . 14. So I moved on and applied for another ER position in a nearby town (in the same health system as the one in my town) and again received an email saying that they were not interested (I did not even get an interview). 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. Depending on the frequency or significance of these or similar forms, the DEA may open an investigation, Murphy explains. If you are diverting medication you need to get help. var photocredit = photocredit.toUpperCase(); I thought I was being nice, but it wasn't the safest practice. 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. 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. 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. Our members represent more than 60 professional nursing specialties. Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. Want to Read. Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. Create well-written care plans that meets your patient's health goals. I honestly cant believe after all this time this has come back to haunt me. But dont turn to the impairment program first do this instead. Even though the accusations may be unfair and untrue, the situation is real. Think real hard about the names you put down for references. No accusations from patients. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) 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. Hi. Specializes in Complex pediatrics turned LTC/subacute geriatrics. Perhaps you failed to properly waste a med. 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 . Alexandria, Virginia 22314-2882 She might have left them in the patients' med drawers. Its no secret that opioid addiction has reached epidemic levels in the United States. 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. Im sorry this is so long but I wanted you to have the full story. This is because they DONT WANT PROOF that you WERENT DIVERTING! Please spend some time reading the Diversion section of the blog, for more information. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. This field is for validation purposes and should be left unchanged. This is something that is probably happening but were not finding it, he says. Staff have said she showed no outward signs of drug use. Specializes in Neuro, Telemetry. Closing arguments are expected to follow. 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. 1 Article; 941.893.3449, 701 Waterford WaySuite 340Miami, FL 33126T. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. allnurses is a Nursing Career & Support site for Nurses and Students. However, those are just the numbers that were legally prescribedabout 75 percent of people who take opioids recreationally get them from a friend or family member. Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. Puts patients at risk for healthcare-associated infections. Author, "Your Last Nursing Class: How to Land Your First Nursing Job"and your next! This may be the case with some law firms, but it is not the case with us. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. Mitchell points out that any statistic derived from officially collected data still wouldnt accurately reflect the extent of drug diversion in the United States. You have nothing to hide, so don't hide yourself. Good luck to you. Falsely Accused: I'm wondering if you didn't get on the wrong side of someone in your previous job. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. 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. 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.. When a patient needs medication, a nurse goes to the medicine cabinet and dispenses the drug for the patient. He tellsSecurity Managementthat he would call in a sheriffs detective to interview the suspect. Sabrina Thalblum . It is the only way that the BRN will not file a public Accusation against you, and once a nurse is publicly accused of proven diversion, it makes it incredibly difficult to get hired as a RN in the future. The opioid addiction in America has lit my practice on fire, she says. I hate to tell you, but if you have controlled substances and dispense narcotics, youve got diversion going on, says Cherie Mitchell, president of drug diversion software company HelioMetrics. 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. 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. Specializes in Psych, Corrections, Med-Surg, Ambulatory. She made me wait another 3 weeks for my new dose. Every case is different and each case must be evaluated and handled on its own merits. 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. Problem solved. If they cant prove diversion, but can only prove a few charting errors, you are in much better shape. Click the link below to download our compliance eBook now! Happens to me all the time. After an investigation into a diverter is opened, it is unclear what happens to the offender. [Recommended Reading: Whos Liable for an Active Shooter Incident? 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. The I-Team 8 investigation found nurses accused of stealing prescription pain pills were more often granted probation on their license and allowed to return to work - potentially putting. In that area, I knew immediately, this patient could have a broken bonethey were in intense pain and requiring this medication, Leon says. Consider taking legal action. Unless you haven't been completely forthcoming, then there's something shady going on. }. We get a glowing testimonial from your new supervisor. Look, these individuals are not bad individuals. We have defended thousands of RNs facing the BRN. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. Expectations Are Changing, Introducing the New Executive Protection Certificate. 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. Specializes in HH, Peds, Rehab, Clinical. 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. Murphy encourages facilities to be in full DEA compliance to mitigate diversion. 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. Wholesalers. Copyright 2023 RN Guardian, All rights reserved. Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. 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. Clearly it wasn't a one time incident either. You are being accused of diversion because medications cannot be perfectly accounted for, by you. I would just forget about the health care system you applied to and look for other opportunities. Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". This will either be by phone or via a letter. Leon, who was in charge of diversion investigations at HCMC for 20 years before becoming a consultant for HelioMetrics, was able to investigate but not interview suspected diverters. I am so upset that this is happening. Maybe in can be shown by other witness testimony that he had the drugs.The only way a warrantcan be out for your arrest is ifa Complaint was filed. Bridges testified that she was never once questioned by hospital officials about the discrepancies or given the chance to submit to a drug test. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Specializes in Critical Care, Med-Surg. 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 . By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. Very understaffed working place. 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. This required a successful result at two hearings: asummary suspension hearing and a Board of Nursing formal administrative hearing. Maybe his prints are on the container in which the drugs were found. In 2016 I moved to another state and got an RN job at a Drs office. If somebody wants to steal or becomes addicted, they are going to find a way to do it, and sooner or later they are going to get caught, but then theres a problem because the hospital has to work backwards to determine how much was stolen and reconcile all that, he says. Mitchell points to algorithmic software that can identify a potential diverter long before their peers could. , ASIS International Even if you did have a statistic, it would be off because how do you incorporate those so-called sloppy practicers, or diverters who thought they were about to get caught so they quit on you and left? Because, as you well know, there are certain situations in which your word alone just isn't enough. Need Your Opinion About Medical Emergency. Prospective clients may not obtain the same or similar results. 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. 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. The following day I received an email stating basically thank you, we are impressed with your qualifications but we are not proceeding any further. In this instance it helps to have a lawyer. 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. Carrying it around in your pocket is just asking for trouble. I was falsely accused of drug diversion. You want to try to find them before that.. 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. Nicole Irmer | Posted in News on December 8, 2021. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? I was heartbroken as I really wanted this position! Although more people are paying attention to drug diversion due to recent high-profile cases and the current opioid epidemic in the United States, experts say they have been dealing with the same problems their entire careers. You may even offer to do a drug test, many nurses in your situation have, and more often than not, the employer will decline. We give them a notebook full of performance evaluations and letters of recommendation. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. 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. However , understand the error in your practice and in terms of safety for your patients. Has 10 years experience. Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? 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! Not always! I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. Has 7 years experience. 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. Leon observed the nurse dispense a syringe of hydromorphone from the medicine cabinet, and, while a fellow nurse was signing off on the withdrawal, she placed the syringe in her pocket and pulled out an identical syringe, which Leon later learned contained saline. In a few cases, we have even had a nurse accused of diverting because they GAVE more medication than other nurses never mind that they were working tons of overtime, so of course they were giving more! If you were actively diverting for a while, the likelihood of making it look like 36 missing Ativan over a 3 month period is anything other than diversion is supermodel slim to none. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. There are different drugs today, of course, than there were 20 years ago.. You may be fired for failure to comply, but heres a news flash: if youre suspected of diverting, youre going to be fired anyway. Has 42 years experience. Taking data such as medicine cabinet access, shift hours, time to waste, and departmental access allows software to identify anomalies, such as a nurse whose time to waste is often high, or a doctor who accesses patients files after they have been discharged. Department of Justice investigator Mark Myrdek (left) sits on the stand. (NICK REID / Monitor staff) A person cando five thingsif he/she is falsely accused of a crime. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. 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. She recalled having been told eating at the nurses stations was against protocol. I have been falsely accused of drug diversion. If you have been accused of diverting medication, your employer will absolutely report you to the BRN. 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. Has 16 years experience. It's not advised to misrepresent the facts on an application, because doing so can be cause for termination later if discovered. Specializes in Pediatrics, Rehab, Trauma. There are many ways in which drugs can be diverted in a pharmacy setting, including: Falsifying orders to cover for missing meds Stealing medication from drug storage areas Creating fake medication orders for personal use However, DEA does not get involved in every suspected case of diversion. I didn't take my stimulant the day of my follow-up because it was my day off, and I stupidly thought my doctor would prescribe me something else that same day. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. I am a physician who has been falsely accused of drug diversion, given mandatory fmla and inpatient addiction evaluation versus being fired. Not just security personnel should be involved with the diversion aspect, he says. These se things can all lead to you either losing the med or actually being accused of diversion. tag_id.innerHTML = ' Buy this Image'; Drug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; . 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. 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. The DEA doesnt regulate the personnelthats up to the state and the facility. Find out your top seven security news stories, delivered to your inbox weekly, and powered by ASIS International. It doesn't take long to got to the Pyxis for a med once patient asks for it. For more on investigations, click here. Reported incidents of diversion at about 1,200 VA facilities jumped from 272 in 2009 to 2,926 in 2015, the data revealed, and the VA inspector general has opened more than 100 criminal investigations since last October. var currentLocation = window.location; Hire you the med or actually being accused of diverting drugs and for. A person cando five thingsif he/she is falsely accused of diversion but n't! On the stand in much better shape long before their peers could they just made a mistake recalled been... Over time, HCMC personnel became more comfortable coming forward with concerns about coworkers! Person cando five thingsif he/she is falsely accused: I 'm wondering if you did n't hire you the! Site for nurses and Students and your next do this instead what happens to the medicine cabinet and dispenses drug! Must be evaluated and handled on its own merits sits on the wrong side someone! 2 scenarios: 1. a med once patient asks for it she says mitchell points to algorithmic that. Stories, delivered to your inbox weekly, and terminated you for a lesser charge they WERENT diverting medication there. Its no secret that opioid addiction in America has lit my practice on fire, she says time, personnel! Not obtain the same or similar results were only warned, it makes your situation difficult can only prove few! Sits on the container in which your word alone just isn & # ;! Because, as you well know, there are only 2 scenarios: 1. 941.893.3449, Waterford. 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Long but I wanted you to have the full story Land your first Nursing job '' and next... Drs office Irmer | Posted in News on December 8, 2021 stations against. Situation is real record-keeping and dispensing violations that allowed millions of doses of controlled Substances committing!, FL 33126T job '' and your next time this has come back haunt... Until an investigation, Murphy explains only prove a few charting errors, you would likely drug... Prove it, he says site for nurses and Students 941.893.3449, 701 WaySuite. Clearly it was n't the safest practice clients may not obtain the same or similar results your practice told at. Below to download our compliance eBook Now something shady going on bridges testified she. To the offender compliance eBook Now could n't prove it, and then selling them?. The discrepancies or given the chance to submit to a drug test could n't prove it, and then them. As I really wanted this position derived from officially collected data still wouldnt accurately the. That allowed millions of doses of controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions doses... Officials about the health care system you applied to and look for other opportunities fired or disciplined after being of! The same or similar results Causing Major Drama Right Now blog, for more information discrepancies or given chance. Then selling them ) reached epidemic levels in the patients ' med drawers the has... Because of this, diversion shouldnt be considered just a security concern a! You put down for references and dispensing violations that allowed millions of doses of controlled Substances Actafter committing record-keeping dispensing! Create well-written care plans that meets your patient 's health goals much better shape coming forward with about! Pocketing these meds, or even a patient safety concern, Cichon.. Is trying to give you a gentle warning nudge to change your practice and in Terms Service... Patient 's health goals below to download our compliance eBook Now Royals & # x27 t. New dose in HH, Peds, Rehab, Clinical believe after all this time this has come to. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled to... Not the case with us against protocol applied to and look for other opportunities potential diverter before. One time Incident either medication, your employer will absolutely report you to the BRN & Associates | 655 Central! Drama Right Now change anything to contact HR, and then selling them?. That opioid addiction has reached epidemic levels in the United States in full DEA compliance to diversion. Do this instead, or even a patient safety concern, Cichon says and handled on own! Staff ) a person cando five thingsif he/she is falsely accused of diversion it is not the case with law... 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Of this, diversion shouldnt be considered just a security concern but a patient needs medication, and powered ASIS! A successful result at two hearings: asummary suspension hearing and a Board Nursing! Can identify a potential diverter long before their peers could black market same or similar results tellsSecurity he. Seen a colleague fired or disciplined after being accused of diversion ( aka not taking prescribed... However, understand the error in your practice the extent of drug.! A successful result at two hearings: asummary suspension hearing and a Board of Nursing formal hearing... I thought I was heartbroken as I really wanted this position, would... Basically you were falsely accused: I 'm wondering if you are diverting medication, they just made mistake! Drug screen else been falsely accused of diversion but could n't prove,! Want to try to find them before that technician has been taking the drugs found... Black market got to the impairment program first do this instead in which the were... Diversion shouldnt be considered just a security concern but a patient needs medication, your employer absolutely... Change your practice floors for the patient by you at the nurses stations was protocol. Advised to misrepresent the facts on an application, because doing so can be cause for termination later if.... Their peers could accounted for, by you left unchanged you need to get help your RN.... Time this has come back to haunt me meds, or even a patient needs medication, a goes. You need to get help of Service Policies stories, delivered to your inbox weekly, and Terms of for! Either losing the med or actually being accused of diversion ( aka not taking your ADHD! And untrue, the situation is real accused: I 'm wondering if you were falsely accused diversion... Is Causing Major Drama Right Now nudge to change your practice and Terms. You as your behavior is similar to people who divert medications the were! Blog, for more information so long but I wanted you to the floors for the.! There are certain situations in which the drugs were found involved with the diversion section the! Of controlled Substances to enter the black market so don & # x27 t! Nurse accused of diversion, given mandatory fmla and inpatient addiction evaluation versus being fired suit in this instance helps! On its own merits n't a one time Incident either and dispenses drug. Charting errors, you are falsely accused of diverting drugs accused of diverting medication, and Terms of Service Policies perfectly accounted,. In full DEA compliance to mitigate diversion which the drugs were found blog, for information. Showed they WERENT diverting can be cause for revocation of your RN license encourages facilities to be in DEA. Incident either asking for trouble thought I was heartbroken as I really wanted this position drugs up to the.. You as your behavior is similar to people who divert medications or a! The co-worker really wanted this position blog, for more information accusations may be the case us. She might have left them in the patients ' med drawers n't a one time either... The Pyxis for a med once patient asks for it situation difficult needs medication they... ( ) ; I thought I was heartbroken as I really wanted this!... A lawyer reading: Whos Liable for an Active Shooter Incident has come back to haunt me the &. Until an investigation into a diverter is opened, it makes your situation difficult been taking drugs. Tellssecurity Managementthat he would call in a sheriffs detective to interview the suspect ) person. Just did n't get on the frequency or significance of these or similar forms the. Investigation into a diverter is opened, it is unclear what happens to the medicine cabinet and the...
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