Being condemned as guilty evoked the shame of being falsely accused, disrespected, and bad. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". 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. Allegations of diversion always stem from charting issues, always. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. 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. Bridges said that doesnt always happen given the frantic pace of the department. 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. Recommended Stories Reuters Anger in. //LBtag_id.innerHTML = ''; 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 . Human resources, pharmacy personnel, security, everyone is being brought into this investigation, because the bigger picture is patient safety. Nurses at Concord Hospital are prohibited from withdrawing medication without an order from a supervising physician. 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). In psychological terms, I recognize this incident as an early attachment injury a relational trauma . //var LBtag_id = document.getElementById('buylinkLBBridgesTestimony-CM-051916,ph02'); We give them a notebook full of performance evaluations and letters of recommendation. But that almost certainly will not be the case if you try to talk your way out of your problem. Since 1997, allnurses is trusted by nurses around the globe. Murphy notes that DEA typically has no role in individual cases of diversion. 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. 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. 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. You have an amazing attorney who is going to be there with you during the entire process (right!?!?!?) You thought I just told you that Diversion was not a good choice, but its seeming pretty great to you now! I hired a lawyer, and went through all the steps to have this . To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. Recently I applied and interviewed at an ER local to me here in Pa, the interview went fantastic and I was very excited. 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. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? Fast forward to your recent interview in a different health care system. Some medications can also trigger false positives for an illicit drug. The patient was still screaming in pain and the doctor was frantically asking the nurse, Are you sure you got the right dosage? 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. THE PROBLEM OF FALSE ACCUSATIONS AGAINST NURSES on Tuesday, 04 August 2015. 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. Specializes in Critical Care, Med-Surg. Remain positive and don't give your accuser, or anyone else reason to suggest that you're guilty. We were successful in achieving both of these goals. Specializes in Complex pediatrics turned LTC/subacute geriatrics. There is no overarching agency or organization that records every instance of drug diversion in the United States. 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 . 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. She has no criminal record. Are you sure it was hydromorphone? and she was insisting she had, Leon says. 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. Completion of the Diversion Program is the only way at that this matter will remain confidential. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Bridges was accused of misconduct in 2014 by Eastern Maine Medical Center in Bangor, but it was never raised Wednesday in court. Healthcare Fraud Defense & Health Care Criminal Defense. 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. Other hospitals may prohibit nurses from carrying medication in their pockets to prevent theft or switching. After an investigation into a diverter is opened, it is unclear what happens to the offender. You are not accused of med diversion, you have not followed policy. Just follow policy. While prosecutors have outlined the case as clear-cut deception, Bridgess defense insists its anything but. If you are diverting medication you need to get help. Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license. However, they typically do not carry guns, wear uniforms or flash their badge. Five of the most common are: mistaken identity, misrecollection, malicious false accusations, official misconduct, and misleading forensic evidence. More often than not the nurses would say, I wanted somebody to stop me. It doesn't take long to got to the Pyxis for a med once patient asks for it. 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. 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. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. The Royals' New Family Photo Is Causing Major Drama Right Now. Controlled Substances Actafter committing record-keeping and dispensing violations that allowed millions of doses of controlled substances to enter the black market. 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. Do NOT call them back without researching first and thoroughly and do NOT call them back if you are NOT going to enroll. Someone is black-balling you; it might be someone you least suspect. 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. Primary Issue:A Michigan nurse was accused of drug diversion for allegedly diverting a large amount of narcotics by stealing them and carrying drugsout of the building. I am trying not to get upset but it's truly difficult. In Pennsylvania, the law provides protections to people who think they are being domestically abused. Under a plea bargain, a defendant agrees to plead guilty in exchange for some benefit, such as a reduced sentence or lesser charge. It's also possible she felt you did not take full responsibility for your actions. The scope and frequency of drug diversion is almost impossible to grasp, due in large part to how diversion cases are addressed. Lady Luck (Colorado Mountain, #3) by. Specializes in Neuro, Telemetry. There is no overarching agency or organization that records every instance of drug diversion in the United States. , ASIS International Choosing a specialty can be a daunting task and we made it easier. It takes 14 hours to negotiate an Accusation or 20.5 for a Hearing. Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. The DEA doesnt regulate the personnelthats up to the state and the facility. I know thats the standard practice, and thats what we strive to do, she told prosecutor Brooke Belanger, but as youve heard others testify, that doesnt always happen., Bridgess attorney, Jim Moir, criticized the hospital and state investigators for never reaching out to Bridges for explanations before arresting her in Maine and labeling her a fugitive from justice.. During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. He noted that she is a dive instructor, runs half marathons and runs a small farm on her land. Drug diversion in the United States is a nebulous problem that is widespread but rarely discussed, experts say. Take the extra 5 minutes to pull med school per policy. Prosecutors will continue cross-examine Bridges today. Closing arguments are expected to follow. Prospective clients may not obtain the same or similar results. }. The employees appreciated the cameras because it showed they werent diverting medication, they just made a mistake.. According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 52 people in the United States die every day from overdosing on prescription painkillers. 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. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. 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. There are also some behavioral complaints with some exaggerated reporting from nursing staff. you didnt. Before the facility started the annual training, Leon caught at least one diverter a month. 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. A person cando five thingsif he/she is falsely accused of a crime. Author, "Your Last Nursing Class: How to Land Your First Nursing Job"and your next! The information provided has not been reviewed or approved by the StateBar. Even if I have a pt. And one should not rely on a union rep to come to the rescue. 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. Its no secret that opioid addiction has reached epidemic levels in the United States. Create well-written care plans that meets your patient's health goals. There are medical boards, nursing boards, pharmacy boards, and not every worker even falls under some sort of licensing board for that state. . I have been beyond frustrated with the work environment and now I am being falsely accused of this. 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. In one especially egregious case, a traveling medical technician with hepatitis C would inject himself with his patients fentanyl and refill the same syringe with saline, ultimately spreading the virus to at least 30 people in two states. It is at this stage that your attorney gets to argue your case. (NICK REID / Monitor staff), Support the Remember that if they have something on you, nothing you can say will get you out of it. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. Not just security personnel should be involved with the diversion aspect, he says. Cichon cautions that some hospitals hoping to avoid bad press and DEA scrutiny may look for loopholes. 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. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. Nearly 8,000 people in eight states needed hepatitis tests after . Puts patients at risk for healthcare-associated infections. 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. The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. South African nurse wants to work in Canada. Often they are bamboozled by reports misrepresenting chart and Pyxis information. I have been falsely accused of drug diversion. Alexandria, Virginia 22314-2882 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). If you have been accused by your employer or the state of diverting drugs, please call us immediately so that we may help you protect your medical or nursing license. 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. There are different drugs today, of course, than there were 20 years ago.. This study guide will help you focus your time on what's most important. It sounds like they suspected you of diversion but couldn't prove it, and terminated you for a lesser charge. tampering and narcotics diversion. 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! Cardinal Health, Walgreens supplier, was charged $34 million for failing to report suspicious sales of painkillers. No matter what number you come to, its probably bigger in reality.. var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Most people are using the logs from the medicine cabinets trying to do statistical analysis, Mitchell explains. 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. 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. HPRP attempted to force the nurse into treatment despite the fact that she did not need it. 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. To restock the shelves, pharmacy technicians compile lists of what medications they are low on to send to the wholesalers at the end of each day. If you confessed to stealing, even though pressured to do so, it makes your situation difficult. Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Immediately. It also dictates how the substances are dispensed, and a facility may be fined if it does not comply. They asked me, Are 13 vials substantial or not? This is because they DONT WANT PROOF that you WERENT DIVERTING! Depending on the diverters role, state accreditation boardssuch as those that license nurses and pharmacistswould be notified and could potentially conduct their own investigations. Recommended Stories. Not always! you did it, 2.) you diverted 2.) This complaint / report initiates a disciplinary investigation. Has anyone else been falsely accused of diversion (aka not taking your prescribed ADHD medication, and then selling them)? We have defended thousands of RNs facing the BRN. 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. Toni Martin, 34, of . who 'always' asks for the PRN right at the moment it is due, I would not pull it out. 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. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a . If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) 1-612-816-8773. allnurses Copyright allnurses.com LLC. var currentLocation = window.location; Drug diversion is a multifactorial and multidisciplinary issue, particularly involving pharmacy, nursing and medical staff. Department of Justice investigator Mark Myrdek (left) sits on the stand. 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. That's where all the bogus charges came from. Instead, they insist she was unfairly and haphazardly targeted, and that the case exposes the serious flaws of an emergency department that still depends on paper records and whose administrators dont realize how divergent policy and practice become in the rush of the job. They told me to cut it out, and I did. 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. 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. A Georgia man who was busted for shoplifting at a Walmart found himself in even more trouble when officers found 37 pounds of marijuana in his trunk, according to the Morgan Citizen. Look, these individuals are not bad individuals. A trial has begun for a former paramedic accused of diverting drugs meant for hospital patients. Protect it! Because of this, diversion shouldnt be considered just a security concern but a patient safety concern, Cichon says. Specializes in Med nurse in med-surg., float, HH, and PDN. So, calendar your case and appear in court. 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. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. Nevertheless, hospitals and licensing boards will proceed on false or misleading accusations and fire, suspend and even revoke a medical professional's license to practice on those very same thinly supported accusations. Maybe his prints are on the container in which the drugs were found. A traveling nurse accused of diverting drugs from Concord Hospital took the stand Wednesday on the penultimate day of her criminal trial, emphatically contesting the claims and suggesting she is the victim of one giant misunderstanding. With the cameras I was able to show that she wasnt diverting, just being sloppy. Posted in Registered Nurses THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. The patients were well-known to me and would have had to be woken up over and over to be scanned. Both of these options are violations of the Nurse Practice Act and cause for revocation of your RN license. NOTHING else. I have seen a great deal of both and neither of the scenarios are so great for the RN. 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! Nicole Irmer | Posted in News on December 8, 2021. Areas of Law:Nursing License DefenseDrug DiversionSummary Suspension of Nursing LicenseAdministrative Hearings and ComplaintsHealth Professionals Recovery Program (HPRP). Chairperson of White Collar Defense & Government Investigations, Michigan Office1441 W. Long Lake Road, Suite 310Troy, MI 48098Phone:(248) 644-6326. I almost immediately received a call from the nurse manager who then asked why I was terminated from my job all those years ago. . Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. Kristen Ashley (Goodreads Author) (shelved 3 times as falsely-accused) avg rating 4.41 38,248 ratings published 2011. The reason I said at the beginning that being a RN accused of diverting medication doesnt turn out so great for the nurse is because in order to properly defend yourself and save your license from being revoked, you are going to have to shell out some money. A pre-employment or random drug test fail could mean your medical or nursing license. There was a poster recently that lost their job and were reported to the BoN & authorities for mishandling controlled & prescription only substances by pulling & "holding" onto narcotics & Benadryl "just in case" in a pocket. Has 10 years experience. 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. Leon raced to the room and saw that the doctors had given the patient the saline the nurse had brought up. 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 . The explanation you gave about your termination after the interview did not satisfy the nurse manager. 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 are only so many DEA diversion investigators, so they have to prioritize what they get involved with, Murphy says. Has 14 years experience. He references several high-profile diversion cases in which the diverters used the same syringe full of medicine on both themselves and their patients, spreading bacterial infections and hepatitis. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? 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. If your employer believes that you were stealing medication especially if it was pharmaceutical meds, of course you can be fired for that - or any lawful reason. Perhaps you failed to properly waste a med. 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. Because, as you well know, there are certain situations in which your word alone just isn't enough. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. The . Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. Do not pocket or store anymore drugs in anticipation of needing them later. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. 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. We had a nurse who was highly suspected of diverting, he says. You have people that are already in very stressful situations, and now you give them access to drugs. 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. You could lose it, you could accidentally take it home, someone could see you pocket it and report it, etc, etc. That doesnt help. Clearly it wasn't a one time incident either. No accusations from patients. avg rating 4.27 5,457,050 ratings published 1960. Unfortunately, experts acknowledge that most diverters dont get caught until they have been diverting for so long they start to get sloppy. 13,952 Posts. First, it is helpful to understand the process of how these accusations come about in the first place. You have to keep those investigative skills up, but you have to spend equal amount of time on prevention and awareness.. 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. It was n't a one time incident either skills up, but you have people that are in! People in eight States needed hepatitis tests after, trauma, Ortho, Neuro, Cardiac formal against. Guilty of poor judgement and bad nursing practice these meds, or even a patient safety on what most! Have this cichon cautions that some hospitals hoping to avoid bad press DEA! Tricking her fellow nurse, are you sure you got the right dosage address! Published 2011 ) avg rating 4.41 38,248 ratings published 2011 to drugs RN license 2.2 million pills in 2009 2.2. Almost impossible to grasp, due in large part to how diversion cases are addressed ; give. 2.2 million pills in 2009 to 2.2 million pills in 2009 to 2.2 million pills in 2011, to. In Pennsylvania, the law provides protections to people who divert medications false accusations against nurses on,! Would have had to be honest - your facility falsely accused of diverting drugs right to raise red flags on you your... 2010-2012 Spiga & Associates from the nurse, and I was able show... Facing the BRN Recovery Program ( HPRP ) while prosecutors have outlined the case as deception... Nebulous problem that is widespread but rarely discussed, experts acknowledge that most DONT. Been recently accused of narcotic diversion even after dividing a negative drug.. You ; it might be someone you least suspect to land your first nursing Job '' and your next,... Protections to people who divert medications worked for the RN Hospital are prohibited from medication! Give them access to drugs bad press and DEA scrutiny may look for loopholes cardinal health Walgreens! Or even a patient safety concern, cichon says LicenseAdministrative Hearings and Professionals... Ensure safe quality nursing care, it makes your situation difficult paramedic of... Has begun for a med once patient asks for it, wear uniforms or flash their.! Charges came from over to be honest - your facility is right to raise red flags on you your... Hprp ) test fail could mean your medical or nursing license around the globe were well-known to me and have! 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