Ive always prided myself on doing everything by the book. endobj Web20 mai 2015 ELMIRA Attorney General Eric T. Schneiderman today announced the arrest of Lisa Rumsmoke Clark, 45, a Licensed Practical Nurse from Watkins Glen, on charges that she allegedly diverted nearly 200 narcotic pills from elderly patients residing at Elcor Nursing and Rehabilitation Center in Horseheads. It doesn't take long to got to the Pyxis for a med once patient asks for it. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. Transfer of legally prescribed controlled pharmaceuticals to other individuals, The examples and perspective in this article, DEA investigation into oxycodone diversion, Learn how and when to remove this template message, "Diversion of drugs within health care facilities, a multiple-victim crime: patterns of diversion, scope, consequences, detection, and prevention", "Drug Diversion Defined: A Patient Safety Threat | Safe Healthcare | Blogs | CDC", "Medical use, illicit use, and diversion of abusable prescription drugs", "Prescription Drug Monitoring Programs (PDMPs)", "Cardinal Health Blocked From Shipping Painkiller in Florida", "Investigation: The DEA slowed enforcement while the opioid epidemic grew out of control", Controlled Substances Act U.S. Drug Enforcement Administration, https://en.wikipedia.org/w/index.php?title=Drug_diversion&oldid=1136170612, Articles with limited geographic scope from January 2023, Articles with unsourced statements from July 2015, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 29 January 2023, at 02:18. We also defend nurses in licensure and regulatory matters. /Filter /FlateDecode Carrying it around in your pocket is just asking for trouble. 
Specializes in Pediatrics, Emergency, Trauma. endstream WebWhat we found: Indiana nurses accused of alcohol or drug-related offenses between 2014 and 2017 resulted in 115 of them being given probation as opposed to 45 cases of suspensions. HWMo7W(%w @hk=="q\wf8rCgoT:|r/;uehF/O#n9MmFo'+{Uk7qJUmFgUFMV*QedS2tmtN0uixw+kJdnQrWOU7C2/4uw\?WFY~}j7oGO> 6g/r*|a/M:uU Ke| bS E2MXZ'>C)N;]V{F?hiBWeP`K M6 kE>
In some jurisdictions, drug diversion programs are available to first time offenders of diversion drug laws, which "divert" offenders from the criminal justice system to a program of education and rehabilitation. Continue drug testing on your own for a few months. The BRN needs you to wrap up their case for them. 13,952 Posts. In one case alone, Clark is accused of stealing 46 Percocet pills from a resident, while falsely completing documents indicating that she administered those drugs to the patient. Which helps me in no way. 1 Article; /PageLayout /OneColumn /Company () Often it is the hospital, nursing home or other employer that reports the nurse and causes an investigation of the nurse to be initiated. 
Every case is different and each case must be evaluated and handled on its own merits. /Outline /Span Bottom line is do not talk about your case to them without a lawyer present. Brooks McArthur, a Burlington attorney, says that at any given time he represents from five to two dozen Vermont nurses accused of drug diversion.
null 98 0 R null null null 99 0 R null null null 100 0 R 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 The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing. /Count 3 /Resources 22 0 R If the pharmacist forges or alters a prescription, gives out medication without a prescription, creates false prescription forms or copies a doctors prescription forms in order to write prescriptions illegally, they can be charged with a felony or misdemeanor and may be fined or imprisoned. /DropCap /Figure Review the policy.Pharmacy has a protocol that THEY must follow. Clinical Drug Diversion is the act of diverting a controlled substance that is intended for prescribed, legal use with the intention of consuming and/or selling that substance for personal use or benefit. 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. Utilizziamo i cookie per migliorare la tua esperienza di navigazione, offrire contenuti personalizzati e analizzare il nostro traffico. I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. << The Medicaid Fraud Control Unit is led by Acting Director Amy Held. Since 1997, allnurses is trusted by nurses around the globe. So be smart and get a lawyer. 
[5], 21 U.S.C. endobj All Rights Reserved. stream
They pull out meds and "hold" them or document as given but take them themselves or take them home. In this case, she said she most likely put the syringe back in the back pocket of her scrubs, then, when changing, took her scrubs off and put them in her work bag, where the syringes also fell. 6 0 obj /Length 7 0 R null 90 0 R null null null 91 0 R null null null 92 0 R If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. On the day in question, a co-worker alleged to have seen syringes in clients work bag. /Type /Metadata "[8], In February 2012, Joseph Rannazzisi, chief of the Drug Enforcement Administrations Office of Diversion Control, issued immediate suspension orders against Cardinal Health's supply of oxycodone to suspected pill mills. The potential penalties for false statements relating to health care matters is up to five years in prison and up to a $250,000 fine. Most allegations of drug diversion are false. These are only a few of the many areas in which we provide legal advice and representation to nursing professionals. I've been a nurse for 33 yrs. 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. /StructParents 1 >> Your only chance at protecting yourself at the investigation stage, is to hire an attorney who knows what they are doing and knows how to prepare you and protect you. Utilizzando questo sito web acconsenti al nostro utilizzo dei cookie. Press question mark to learn the rest of the keyboard shortcuts.
/Tabs /S 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 How do I get off a "do not return" list at work? I have been falsely accused of drug diversion. Please be patient if your post is filtered. 
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. endobj Of course, if you got caught stealing, don't ask to see the video and expect to be fired or disciplined. The criteria for both manufacture and distribution is somewhat biased in favor of established industries, favoring "past experience" and a record of compliance with drug laws[citation needed] The Controlled Substances Act also provides for the registration of medical practitioners (i.e., physicians, dentists, veterinarians, etc. 1-612-816-8773, By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. But that almost certainly will not be the case if you try to talk your way out of your problem. How many times have you had things spill out of your pockets when pulling out a pen or bending over or something? Dismiss. /Producer () 
I was already planning on sniffing around a little, see what they can tell me. The stressful nature of their job may initially lead a pharmacist to misuse painkillers, only to quickly find themselves addicted. HomeAboutProfessional / Business LicensesHealthcare LicensesNursing LicensesLicense Law OverviewCriminal LawContact Us, 8383 Wilshire Boulevard, Suite 210Beverly Hills, CA 90211, 2022 by S J Harris Law. 
Scott J. Harris has successfully represented California pharmacists to help them keep their licenses and reputations intact. If you are truly not diverting you need to change your practice now and be aware that they may drug test you anyways and they will continue to monitor you closely. Has 8 years experience. Drug diversion is a medical and legal concept involving the transfer of any legally prescribed controlled substance from the individual for whom it was prescribed to another person for any illicit use. Building Strong Bones: Nurse's Guide to the Latest in Osteoporosis Management in 2023, Ethical Arguments Against Mandatory Vaccination. 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. ELMIRA Attorney General Eric T. Schneiderman today announced the arrest of Lisa Rumsmoke Clark, 45, a Licensed Practical Nurse from Watkins Glen, on charges that she allegedly diverted nearly 200 narcotic pills from elderly patients residing at Elcor Nursing and Rehabilitation Center in Horseheads. WebFalse accusations of drug diversion. Catherine Wagner is Director of the Rochester Regional MFCU Office and the Upstate Chief of Criminal Investigations. /ParentTreeNextKey 9 An investigation launched by Attorney General Schneidermans Medicaid Fraud Control Unit and the New York State Department of Healths Bureau of Narcotics Enforcement (BNE) revealed that over a roughly one month period of time, Lisa Rumsmoke Clark allegedly completed several records within which she indicated that she administered narcotic drugs to eight separate residents, while actually diverting those drugs for her own personal use. . >> Never had a problem until working in this facility. The felony complaint, filed in Horseheads Town Court, charges Clark with eight counts of Falsifying Business Records in the First Degree (E Felony), eight counts of Petit Larceny (A Misdemeanor), and one count of Criminal Possession of a Controlled Substance in the Seventh Degree (A Misdemeanor). Placing a narc in your pocket can be grounds for immediate dismissal. Whatever decision the RN makes will be the right one for her.
Due to a large influx of inappropriate and abusive posts, multiple types of posting restrictions have been added. The Attorney Generals Office thanks the New York State Department of Health for the agencys invaluable assistance on this case. [9] Deputy Attorney General James M. Cole then called Rannazzisi to a meeting at Justice Department headquarters where Cole warned him it made good sense to listen to what Cardinal had to say. Records must be kept for three years. Webthe accused or his defense attorney can show the court that he has been wrongly accused. /Tabs /S /StructTreeRoot 5 0 R WebNEWARK Attorney General Eric T. Schneiderman today announced the sentence of Ashly Erb, 26, a Licensed Practical Nurse from Savannah, NY, who had been accused Visit DEA's Diversion Control Web Site. Are there behaviors you have displayed that raised suspicions? Nurses falsely believe that they have insurance coverage for such matters "through my employer" when they do not. 
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. /Creator () WebThe 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 Our members represent more than 60 professional nursing specialties. 125 0 R null null 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R null /Nums [0 [33 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 44 0 R I think it could be a learning experience. null null 116 0 R null null null 117 0 R null null null Protect it! But the 81-year-old was far from knocking on deaths door. Disclaimer:This information is a sample of our past results. 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. Advisement for Online Self-Paced MSN Program. Even if I have a pt. 76 0 R null null null null 77 0 R null null null 78 0 R 9 0 obj Our attorneys believed that the DOH would have difficulty proving misappropriation if the matter went to trial, as clients bag was not hidden and was still in the hospital. Do not pocket or store anymore drugs in anticipation of needing them later. Create well-written care plans that meets your patient's health goals. ELMIRA Attorney General Eric T. Schneiderman today announced the arrest of Lisa Rumsmoke Clark, 45, a Licensed Practical Nurse from Watkins Glen, on charges that she allegedly diverted nearly 200 narcotic pills from elderly patients residing at Elcor Nursing and Rehabilitation Center in Horseheads. null null null 101 0 R null null null 102 0 R null 103 0 R . We use cookies to ensure that we give you the best experience on our website. /InlineShape /Figure Diamo valore alla tua privacy ELMIRA Attorney General Eric T. Schneiderman today announced the arrest of Lisa Rumsmoke Clark, 45, a Licensed Practical Nurse from Watkins Glen, on charges that she allegedly diverted nearly 200 narcotic pills from elderly patients residing at Elcor Nursing and Rehabilitation Center in Horseheads. WebFalse accusations of drug diversion. The BRN needs you to wrap up their case for them. /Resources 32 0 R Please take a moment and Register today! allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Anyone can accuse a nurse of drug diversion. 3 166 0 R 4 168 0 R /Annots [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R] It only takes a minute to, (You must log in or sign up to reply here.). Specializes in Complex pedi to LTC/SA & now a manager. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 2 comments Kristine S Karila If You Run a Pharmacy, Are a Pain Management Specialist, or Prescribe Prescription Narcotics, the DEA, Feds Are Waiting to Strike. "[4] To reduce the occurrence of pharmaceutical diversion by doctor shopping and prescription fraud, almost all states have established prescription monitoring programs (PMPs) that facilitate the collection, analysis, and reporting of information regarding pharmaceutical drug prescriptions. Each of our attorneys is a member of The American Association of Nurse Attorneys (TAANA). 
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).
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About Us; Staff; Camps; Scuba. Recently accused of diverting non narcotics ( muscle relaxers, also couple other meds were listed..toradol, lidocaine). Has 7 years experience. Professional Licensing & Regulatory Affairs, Sarasota Office6841 Energy CourtSarasota, FL 34240Phone:(941) 893-3449. This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges. null null 111 0 R null null null 112 0 R null null null The panel dismissed the case without a finding. The criteria for registering manufacturers of Schedule I and II drugs are particularly strict and call for "limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes." But there is no reason to panic. Mq=lV0>J&'hv,d&xvf%p= Ws2T27!T=[\$9YeWK;VsOs z >> From a pharmacy perspective- this happens a lot, and most of the time there isn't any wrong doing. Just follow policy. This complaint / report initiates a disciplinary investigation. You need to change yesterday. She is accused of replacing the fentanyl with an alternate liquid substance and then placing the vials back in the cabinet. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? "[citation needed], For manufacturers of other drugs, and for drug distributors, the regulations are substantially less strict: "The Attorney General shall register an applicant unless he determines that the issuance of such registration is inconsistent with the public interest." If the pharmacist is impaired on the job, this can lead to prescription errors that result in life-threatening issues for patients. WebNurses who divert drugs pose significant threats to patient safety, but also become a liability to healthcare organizations and the nursing departments where the diversion occurred. You are not accused of med diversion, you have not followed policy. 
We also represent them in preparing protocols, memoranda of understanding (MOUs), letters of intent (LOIs), and other business and commercial legal matters. 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R If anything. WebIf you have been accused of substance problems or diverting narcotics and know that the allegations are false you should: Contact your primary care physician and request a drug No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. null 133 0 R null 134 0 R null 135 0 R null 136 0 R null 137 0 R She might have left them in the patients' med drawers. /StructParents 0 Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. Case Result: Despite Negative Drug Test, Nurse Accused of Diversion When Syringes Are Found in Her Bag. This category also includes narcotic treatment programs that administer and dispense primarily methadone for narcotic addiction treatment. WebHome. >> /MarkInfo 2 0 R Board of Registered Nursing Laws and Regulations, California Board of Vocational Nursing (BVNPT) License Defense, Laws and Regulations of the Board of Vocational Nursing and Psychiatric Technicians, Substance Abuse And Occupational Licenses, Administrative Hearings And Investigations, Defend Citations Issued Against Your License. This study guide will help you focus your time on what's most important. /Parent 4 0 R Im an 8 year critical care RN. Bauer is facing an ungraded felony charge of acquire or obtain possession of controlled substance through misrepresentation, an ungraded misdemeanor charge of procure for self/other drug by use of false statement, and an ungraded misdemeanor charge of furnish false/fraudulent material info. There's several factors we audit people for based on their risk factor or just random suspicion and not always for narcotics. /ParentTree 12 0 R /Length 188 0 R 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. Is this legal? The circumstances of your case may differ from the results provided. A major driver of drug diversion is opioid abuse, From physical pain and stress to a desire for financial gain, there are many reasons why pharmacists divert or misappropriate drugs. A single addicted health care worker who resorts to "drug diversion," the official term for stealing drugs, can endanger thousands. Perhaps you charted that a WebCouch, a long-time Danielsville, Georgia, received care at a family members home, not at a facility. There isn't any medication missing. /Type /Catalog 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. 2 0 obj Typically, after the hospital disciplinary / termination procedures are over, the nurse will get a call or sometimes a letter from an investigator with the Department of Consumer Affairs. allnurses is a Nursing Career & Support site for Nurses and Students. Thanks! Has 4 years experience. We represent nurses, advance registered nurse practitioners (ARNPs), certified registered nurse anesthetists (CRNAs), certified nurse midwives (CNMs) and other health professionals in preparing, negotiating, amending, or breaking contracts. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or
I have been beyond frustrated with the work environment and now I am being falsely accused of this. WebFalsely accused Has anyone ever been wrongly accused of diverting drugs?
Very much appreciated. NOTHING else. Our attorneys include those who are board certified in health law by The Florida Bar, those who are nurses themselves, and those who are licensed health professionals. Not necessarily for what/if you did wrong, but more for what would cause someone else to make the accusation. 
<< Employees at nursing facilities are entrusted with an important responsibility to provide appropriate care to New Yorkers loved ones, said Attorney General Schneiderman. 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. WebDrug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. Our client believed the HR personnel made a false report on impairment and drug diversion in retaliation. Even an anonymous complaint can lead to an investigation. 7 0 obj
Recent studies show that 46 percent of pharmacists and 62 percent of all pharmacy students have used a controlled substance without a prescription. Blog Between February 2020 and April 2020, Naccarato allegedly took vials of fentanyl from an automated dispensing cabinet at AdventHealth Shawnee Mission in Meriam. Rumsmoke Clark was arraigned before Horseheads Town Court Justice Craig Banfield where she pleaded not guilty. Prospective clients may not obtain the same or similar results. Create an account to follow your favorite communities and start taking part in conversations. Staff also found a syringe plunger and needle in the original package. WebIf you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Youve really helped me gain perspective and regain some direction and intent. These se things can all lead to you either losing the med or actually being accused of diversion. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. Our Healthcare Criminal Law. /Marked true 181 0 R null null null 182 0 R null null null 183 0 R null null 158 0 R null] null null 160 0 R null null null 161 0 R null null null
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falsely accused of diverting drugs