There isn't any medication missing. 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.) Do not pocket or store anymore drugs in anticipation of needing them later. you did it, 2.) They told me to cut it out, and I did. We show them a box full of clean drug tests. In fact, Moir tried to show jurors Wednesday that there is no reason to believe Bridges has any history of drug use. All Rights Reserved. The employer also may be named in the defamation suit under the theory of Respondeat superior. Specializes in Tele, ICU, Staff Development, Freelance Writer. Has 7 years experience. This study guide will help you focus your time on what's most important. It is a charge that should be taken very seriously. 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. chris camozzi musician. Another ASIS International Pharmaceutical Council memberMatthew Murphy, president of Pharma Compliance Group and former DEA special agentdescribes this as the closed loop of distribution. Clearly it wasn't a one time incident either. It probably would not change anything to contact HR, and they did not violate any labor laws- they just didn't hire you. allnurses is a Nursing Career & Support site for Nurses and Students. Specializes in Med nurse in med-surg., float, HH, and PDN. So basically you were falsely accused of diverting drugs and terminated for "documenting issues". Having support is essential when you're accused of something that you haven't done. Please Note: The statements and information provided on this website are for informational purposes only. The nurse held up the saline syringe and wasted the required amount, tricking her fellow nurse, and left the room. 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! var photocredit = "'' 'Kerry Bridges (right) sits next to her attorney, Jim Moir, in Concords district court on Tuesday. Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? John Burke, president of the International Health Facility Diversion Association, extrapolated data he obtained from facilities in Ohio to estimate the presence of 37,000 diverters in healthcare facilities across the country each year. One pharmacy in Florida went from ordering 95,800 pills in 2009 to 2.2 million pills in 2011, according to the DEA. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Just follow policy. It is no secret that attorneys are not cheap, but losing your RN license is a much bigger financial impact and participation in Diversion will cost you about $18,000.00 over the three or more years you are stuck in it. 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. Change your practice habits to keep your job and your license. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. The RN's co-worker, who falsely told others that she was taken off duty for diverting narcotics, clearly defamed the RN. 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. 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. (NICK REID / Monitor staff), Support the Dear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". There were no witnesses to the act except for an anonymous informant who complained to hospital management. Take the extra 5 minutes to pull med school per policy. There were no witnesses to the act except for an anonymous informant who complained to hospital management. Case Study 2: A Radford, Virginia, nurse was convicted of siphoning off liquid morphine intended for nursing home 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. 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? They are under a lot of pressure to catch instances of diversion, and repeatedly pulling a narc an hour of more before you give it is a definite red flag. 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 . Over time, HCMC personnel became more comfortable coming forward with concerns about their coworkers. Immediately. 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. Closing arguments are expected to follow. Please spend some time reading the Diversion section of the blog, for more information. Toni Martin, 34, of . Do I really need to fill out the form? I counsel them on whats substantial because the language is very loose.. I honestly cant believe after all this time this has come back to haunt me. There are different drugs today, of course, than there were 20 years ago.. Today a woman from the finnish customs called me saying its narcotics, she asked me if it was me who ordered the narcotics saying that that way i wont get into much trouble and it will be easier but if i deny ordering them i would have to go to the police station for a court hearing so they can get my statement and decide what to do. Specializes in Neuro, Telemetry. Pharmacies. She offered to take a drug test but the hospital declined, according to an order last year by the New Hampshire nursing board. 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. Please spend some time reading the Diversion section of the blog, for more information. //LBtag_id.innerHTML = ''; 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. I have seen a great deal of both and neither of the scenarios are so great for the RN. The Investigation is where the BRN finds the proof that you diverted. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. However , understand the error in your practice and in terms of safety for your patients. 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. She stresses the importance of constantly mixing up the personnel who order and stock medications. Specializes in Med-Surg, Trauma, Ortho, Neuro, Cardiac. You are not following protocol. 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. I have been beyond frustrated with the work environment and now I am being falsely accused of this. While prosecutors have outlined the case as clear-cut deception, Bridgess defense insists its anything but. 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. I work on a really busy floor and I often have pulled out a pain med in expectation that the patient will ask for it, though when I go into their room, they are sleeping or don't want it at that time. In psychological terms, I recognize this incident as an early attachment injury a relational trauma . She never said she put meds in her pocket or on her person. Subscribe to our newsletter for important updates and information regarding the Board of Registered Nursing. Moving forward, you could just list dates of employment unless the application forces an answer, such as "Were you ever terminated?" I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. I hired a lawyer, and went through all the steps to have this . During this time, youve hopefully found a new job and are being absolutely fastidious about your charting. Want to Read. However, if youve done any research, you may think that youll have to mortgage your house or cash out your 401K because fees can run in the tens of thousands. I was wondering if anyone has any experience of being falsely accused of med diversion due to giving meds 1-2 hours after pulling them out of the pyxis. You can not just pull out narcotic medication because you "think the patient may have pain". Lady Luck (Colorado Mountain, #3) by. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? She recalled having been told eating at the nurses stations was against protocol. [5] Take the initiative and invite someone out for coffee who you haven't seen in a while. Should the false accusation take a turn and your employer believes the false statement, you could have a case for a defamation lawsuit. if (photocredit.indexOf(sellablestring) > -1) { She now faces 11 felony counts of illegal possession. Consider taking legal action. Someone is black-balling you; it might be someone you least suspect. The information provided has not been reviewed or approved by the StateBar. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 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. var photocredit = photocredit.toUpperCase(); It has to be pretty egregious for them to get involved to seek a revocation or fine., Thats where people like Hayes come in. If you are a registered nurse and have been recently accused of diverting medication, there are only 2 scenarios: 1.) (NICK REID / Monitor staff) '"; If the investigator concludes that you either did divert medication or that you were negligent or incompetent in your charting, they will turn your case over to the BRNs attorney and the Attorney General of California will file a formal accusation against your RN license. First, it is helpful to understand the process of how these accusations come about in the first place. She made me wait another 3 weeks for my new dose. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Protect it! 13,952 Posts. There are also some behavioral complaints with some exaggerated reporting from nursing staff. Fast forward to your recent interview in a different health care system. If youre both ordering and putting away drugs, thats a bad thing because you can order six bottles when you only need five and keep one for yourself, Hayes notes. Before the facility started the annual training, Leon caught at least one diverter a month. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. A person cando five thingsif he/she is falsely accused of a crime. If they dont have you, you can only hurt yourself by talking. Focus your time on what 's most important your recent interview in a different health care system the... Give you a gentle warning nudge to change your practice believe Bridges has any history of drug use to act! Psychological terms, I recognize this incident as an early attachment injury relational. Practice and in terms of safety for your patients a defamation lawsuit even after dividing a negative drug screen as! Told eating at the Nurses stations was AGAINST protocol to your recent in! New Hampshire nursing board for coffee who you haven & # x27 t! 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falsely accused of diverting drugs