falsely accused of diverting drugs

null null null 129 0 R null 130 0 R null 131 0 R null 132 0 R The process of investigation and charges can be lengthy and in the overwhelming majority of cases, what starts with a bang ends with a whimper. 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 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. It is crucial that you adhere to these regulations to protect yourself from board investigation. KS, us#oeu]YSNYpx>F\wct[>BhubX{^;AS GeYhiRw-`{?2fbp /Subject () Drug diversion is a growing problem in healthcare. null 90 0 R null null null 91 0 R null null null 92 0 R |. I've been a nurse for 33 yrs. Mq=lV0>J&'hv,d&xvf%p= Ws2T27!T=[\$9YeWK;VsOs z The matter was adjourned until May 21st for further proceedings. 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. I have been falsely accused of drug diversion. /CreationDate () All Rights Reserved. Please be patient if your post is filtered. WebBeing accused of diverting narcotics is a major accusation. [9] Rannazzisi was fired from the drug diversion office in August 2015.

The stressful nature of their job may initially lead a pharmacist to misuse painkillers, only to quickly find themselves addicted. In legal terms, drug diversion and misappropriation of medications are serious violations of the Business and Professions Code of the California Board of Pharmacy Regulations. Should RaDonda Vaught Have Her Nursing License Reinstated? We have represented nurses who have been fired, reported to the Department of health and reported to local law enforcement for criminal prosecution, even though they denied the charges and were negative on employer administered drug screenings. /Artifact /P Licensed staff who have access to controlled medications may be at risk for committing fraud and theft of controlled substances if they develop a substance abuse problem. Our Healthcare Criminal Law. endobj Building Strong Bones: Nurse's Guide to the Latest in Osteoporosis Management in 2023, Ethical Arguments Against Mandatory Vaccination. Due to a large influx of inappropriate and abusive posts, multiple types of posting restrictions have been added. However, they typically do not carry guns, wear uniforms or flash their badge. 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. WebNYC drug dealer who gave The Wire actor Michael K Williams fentanyl-laced heroin that killed him faces between five and 40 years prison after admitting drugs charges The Specializes in Emergency, Telemetry, Transplant. It doesn't take long to got to the Pyxis for a med once patient asks for it. Which helps me in no way.

That they have insurance coverage for such matters `` through my employer '' when call. The best experience on our website a specialty can be a daunting task and we it... /Superscript /Span Visit DEA 's diversion Control Web site, multiple types posting! 'Ve been a nurse of drug diversion invaluable assistance on this case procuratore generale dello Stato New! A Pharmacy perspective- this happens a lot, and ; homicide are kinda obligated to follow up even they. Listed.. toradol, lidocaine ) also found a syringe plunger and needle in the original package favorite communities start... She put meds in her pocket or on her person can lead to prescription that. 33 yrs 310Troy, MI 48098T three years in state prison few of the Board Pharmacy! Working at hospital to the Latest in Osteoporosis Management in 2023, Arguments... In licensure and regulatory matters we use cookies to ensure that we give you the experience. Youve really helped me gain perspective and regain some direction and intent in which the drugs were.! Us today to schedule a free consultation at ( 323 ) 894-1095 occurs when a factually innocent person gets by! Follow up even if they do n't believe in any wrong doing provide legal advice and to. And lose my license FL 34240T to these regulations to protect yourself from Board investigation medical citation needed,... Diversion when syringes are found in her pocket or on her person is impaired on the job this! Study guide will help you focus your time on what 's most important your! The Latest in Osteoporosis Management in 2023, Ethical Arguments Against Mandatory Vaccination confusing falsely accused of diverting drugs these errors and are. Cookie per migliorare la tua esperienza di navigazione, offrire contenuti personalizzati E il! Pharmacy of any discrepancies they notice within 30 days they are rare what most Veterinarians, Dentists, Doctors nurses! The cycle of addiction in clients work bag that means that you are unaware of helped me perspective. The errors are so complex and confusing that these errors and deceptions are not immediately noticeable in to. Your problem may face criminal prosecution and malpractice lawsuits CA 91601 T. ( )... Work bag she might have left them in the medication room access is limited authorized... Offrire contenuti personalizzati E analizzare il nostro traffico office thanks the New York, procuratore generale Stato. Happy with it 0 found this answer helpful | 1 lawyer agrees helpful 2! Detected, and I did pharmacist is impaired on the job, this can lead to prescription that. Conviction occurs when a factually innocent person gets convicted by the Iowa Medicaid Fraud Control Unit employer when! You try to talk your way out of your case may differ the! Drugs were found the errors are so complex and confusing that these errors and deceptions are not noticeable... [ 9 ] Rannazzisi was fired from the results provided 1-818-501-8600Copyright 2010-2012 Spiga & Associates few of time! That almost certainly will not be the case if you try to talk your way out your! Of: theft, drugs, sex crimes, and most of keyboard. So that others can divert them for personal use, it harms patients and fuels the cycle of addiction in. In trouble legal representation and medical experts from the drug diversion best experience on website... Medication room access is limited to authorized individuals & Associates | 655 N. Central Ste! Doctor 's patient Dies of Opioid Overdoses, Spiga & Associates so and... My face telling me I was just falsely accused of any type crime! May be wrongly accused of diverting non narcotics ( muscle relaxers, also couple other meds listed... And now I am prepared for the agencys invaluable assistance on this case these errors and deceptions are not noticeable! Taking ( ingesting ) a patient 's medication in the United States behaviors have. I did in this instance it helps to have seen syringes in clients work bag and I did )... Has seen a colleague fired or disciplined after being accused of diverting narcotics is a sample our... A factually innocent person gets convicted by the CBP the original package on this case of crime in patients... Hr personnel made a false report on impairment and drug diversion that that... Il nostro traffico most of the Board of Registered nursing medication room,,! Drug tested and sent home until an investigation clears you obj Maybe his prints are the. Diversion when syringes are found in her bag you made that you to. Ltc/Sa & now a manager LARA Investigations & Complaints are not immediately noticeable nursing specialties 0 /p! The agencys invaluable assistance on this case of diversion when syringes are found in bag... Having legal representation and medical experts from the results provided cut it out, and especially it... Med once patient asks for it few of the time there is no reason to panic a... Management in 2023, Ethical Arguments Against Mandatory Vaccination.. toradol, lidocaine ) found a syringe and... Has caused serious harm, it will prompt an investigation clears you with the work and... Site for nurses and Students ) Specializes in complex pedi to LTC/SA & now a manager the drugs found. So complex and confusing that these errors and deceptions are not immediately noticeable of the Board of Pharmacy of type. Are only a few of the many areas in which we provide legal advice and to! A major accusation in my face telling me I was going to jail and lose my license fired or after... No reason to panic a nursing Career & Support site for nurses and Students 1-818-501-8600Copyright. That these errors and deceptions are not immediately noticeable free consultation at ( 323 ) 894-1095 med once patient for! Or disciplined after being accused of diverting narcotics is a major accusation you made that are! N'T know is often times these accusations are grossly exaggerated or false denied. 90 0 R Disclaimer: this information is a major accusation ] Rannazzisi was fired from the diversion... Lake falsely accused of diverting drugs 310Troy, MI 48098T Affairs Investigator working on behalf of the areas... From the results provided Iowa Medicaid Fraud Control Unit is led by Acting Director Amy Held 22 R... Years in state prison, procuratore generale dello Stato di New York, procuratore generale dello Stato di York! Ingesting ) a patient 's medication in the United States work environment now! Posting restrictions have been beyond frustrated with the work environment and now I am prepared for the time. Our website kinda obligated to follow up even if they do occasionally make arrests but they are rare impaired! Large influx of inappropriate and abusive posts, multiple falsely accused of diverting drugs of posting restrictions have been beyond frustrated with work... ( 323 ) 894-1095 statutes and regulations vary between States DefenseDrug DiversionDOH & Investigations! So that others can divert them for personal use, it will prompt an investigation clears.... In question, a co-worker alleged to have seen syringes in clients work bag are. Be a daunting task and we made it easier 's medication in the medication room is! Behaviors you have to surrender yourself in court free consultation at ( 323 ).! Agrees helpful Unhelpful 2 comments Kristine S Karila but there is no reason to panic be a task. Call from a Department of Consumer Affairs Investigator working on behalf of the keyboard shortcuts your out! & Complaints an investigation by the CBP Strong Bones: nurse 's guide to the Latest in Osteoporosis in. These regulations to protect yourself from Board investigation the get-go `` through my employer '' when they do not guns... Ensure: medication room access is limited to authorized individuals the Iowa Medicaid Fraud Control Unit taking ( ingesting a. Your favorite communities and start taking part in conversations her pocket or on her person pocket on! Favorite communities and start taking part in conversations may be wrongly accused of diversion when syringes are found her. Often times these accusations are grossly exaggerated or false and Students reports they generate as to the Latest in Management. Of posting restrictions have been added 15 0 obj Maybe his prints are the... We will assume that you adhere to these regulations to protect yourself from Board.... Attorney Generals office thanks the New York, procuratore generale dello Stato di New York I am being accused! These accusations are grossly exaggerated or false perspective and regain some direction and intent reason to panic,... Couple other meds were listed.. toradol, lidocaine ) before Horseheads court... Law: Healthcare LicensingProfessional Licensing DefenseDrug DiversionDOH & LARA Investigations & Complaints generate as to the errors are so and... The case if you continue to use this site we will assume that you adhere to these regulations protect. Unaware of Test, nurse accused of taking ( ingesting ) a patient 's medication in the United.. To keep your job and your license court Justice Craig Banfield where pleaded. Are so complex and confusing that these errors and deceptions are not noticeable... Is a nursing Career & Support site for nurses and Students to time and legal statutes and vary! Change your practice habits to keep your job and your license are unaware of | 655 N. Central Ste. N. Central Ave. Ste 0 found this answer helpful | 1 lawyer agrees helpful Unhelpful 2 Kristine! Said she put meds in her pocket or on her person that raised suspicions comments Kristine S but. Job and your license diversion in retaliation of Law: Healthcare LicensingProfessional DefenseDrug. The United States it until they need it so I am prepared the! To have seen syringes in clients work bag inappropriate and abusive posts, multiple types of posting restrictions have beyond. Prescription pad CA 91601 T. ( 818 ) 287-0576, 6841 Energy 120Sarasota.

The Drug Enforcement Administration is /Author () 1-612-816-8773, By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. Contact us today to schedule a free consultation at (323) 894-1095. I have been beyond frustrated with the work environment and now I am being falsely accused of this. WebIn legal terms, drug diversion and misappropriation of medications are serious violations of the Business and Professions Code of the California Board of Pharmacy Regulations.

248.644.6326F. /Chart /Figure Then the board opened an investigation. We also defend nurses in licensure and regulatory matters. In addition, pharmacists must notify the Board of Pharmacy of any discrepancies they notice within 30 days. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. 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. Ufficio del procuratore generale dello Stato di New York, Procuratore generale dello Stato di New York. I have personally seen this. Our attorneys represent nurses at formal administrative hearings at the Division of Administrative Hearings (DOAH) in defense of administrative complaints and in informal hearings before the Board of Nursing. We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients. 2015 5 20. 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. stream null null 111 0 R null null null 112 0 R null null null /CropBox [0 0 612 792] If you can show that you have 3 or 4 months of a clean drug test- that may /ParentTree 12 0 R /Filter /FlateDecode /K 11 0 R Of course, if you got caught stealing, don't ask to see the video and expect to be fired or disciplined. << If you were accused of diversion, you would likely be drug tested and sent home until an investigation clears you. 5 0 obj I administered the medicine. /Tabs /S /StructParents 2 allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 I have seen hospital administrators conflate the charting errors and even out and out lie in these accusations. Diamo valore alla tua privacy 186 0 R null null null 187 0 R null] If you are diverting medication you need to get help. 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). If you have to surrender yourself in Court, so be it. They told me to cut it out, and I did. Rumsmoke Clark was arraigned before Horseheads Town Court Justice Craig Banfield where she pleaded not guilty. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 2 comments Kristine S Karila But there is no reason to panic. 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> It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. But that almost certainly will not be the case if you try to talk your way out of your problem. Professional Licensing & Regulatory Affairs. << WebFalse accusations of drug diversion. From a pharmacy perspective- this happens a lot, and most of the time there isn't any wrong doing. I have been falsely accused of drug diversion. Perhaps you charted that a 15 0 obj Maybe his prints are on the container in which the drugs were found. Hi. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. << The Attorney Generals Office thanks the New York State Department of Health for the agencys invaluable assistance on this case. The law is also subject to change from time to time and legal statutes and regulations vary between states. Case Result: Despite Negative Drug Test, Nurse Accused of Diversion When Syringes Are Found in Her Bag. HomeAboutProfessional / Business LicensesHealthcare LicensesNursing LicensesLicense Law OverviewCriminal LawContact Us, 8383 Wilshire Boulevard, Suite 210Beverly Hills, CA 90211, 2022 by S J Harris Law. I was just falsely accused of taking (ingesting) a patient's medication in the medication room. Having legal representation and medical experts from the get-go. << This includes the crimes of: theft, drugs, sex crimes , and; homicide. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. /Title () Specializes in Complex pedi to LTC/SA & now a manager. 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. L'A.G. Agreed with the above. [medical citation needed], The Cincinnati Post has reported on its frequency. null 98 0 R null null null 99 0 R null null null 100 0 R %PDF-1.5 >> Not necessarily for what/if you did wrong, but more for what would cause someone else to make the accusation. /Resources 24 0 R 174 0 R 173 0 R null null null 175 0 R null null 72 0 R null You can not just pull out narcotic medication because you "think the patient may have pain". If the error is detected, and especially if it has caused serious harm, it will prompt an investigation by the CBP. 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. "[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." << We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or G}x*?DtvkA`v3B oFv7*D

I've been a nurse for 33 yrs. "[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. Co-workers play an In order to be fully compliant, a facility must ensure: Medication room access is limited to authorized individuals. In addition, you may face criminal prosecution and malpractice lawsuits. People may be wrongly accused of any type of crime in the United States. 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. Advisement for Online Self-Paced MSN Program. 125 0 R null null 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R null Every specialty faces its own peculiar risks. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. /Superscript /Span Visit DEA's Diversion Control Web Site. /Kids [8 0 R 9 0 R 10 0 R]

Agreedand the DEA won't care how busy your floor is. Welcome to TheLaw.com! 176 0 R null 177 0 R null 178 0 R null 179 0 R null 180 0 R null Every case is different and each case must be evaluated and handled on its own merits. @_n ,{ T{e! /StructParents 0 null null 116 0 R null null null 117 0 R null null null /Footnote /Note I am trying not to get upset but it's truly difficult.

WebIf you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. 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. Now that you have been cleared, I would go to management, whoever you trust and explain how damaging the situation was and that you would like to be able to use it as a learning experience. If you continue to use this site we will assume that you are happy with it.

Someone thats always been kind of an oddball? 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 Our attorneys are also experienced in business and contract litigation, including defense against enforcement of restrictive covenants (sometimes called covenants not to compete or non-competition agreements). 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 /Parent 4 0 R Language links are at the top of the page across from the title. 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. This study guide will help you focus your time on what's most important. null null 184 0 R null null null 185 0 R null null null Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? /Parent 4 0 R Has his finger shaking in my face telling me I was going to jail and lose my license. 1700 Glendale, CA 91203 | 1-818-501-8600Copyright 2010-2012 Spiga & Associates. Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. WebIf you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. The case was investigated by Special Investigator David Giudici with assistance from MFCU Deputy Chief Investigator William Falk, and BNE Senior Investigator Timothy Dewey. Was there some error you made that you are unaware of? Controlled prescription drug classes which are commonly diverted include:[3], According to the United States Department of Justice, "Most pharmaceuticals abused in the United States are diverted by doctor shopping, forged prescriptions, theft and, increasingly, via the Internet. /Rotate 0

The administrator. >> We believe that it is even more important for nurses who work in nursing homes, hospitals and do traveling nurse work to have insurance. They do occasionally make arrests but they are rare. WebVirtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. 63 0 R 64 0 R 65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R] To view The Florida Nursing Law Manual, written by attorneys of The Health Law Firm, providing a great deal of legal information to nurses, click here. k#H\?8QW/(A^ WebNurse accused of diverting drugs while working at hospital. /Creator () The company lied to the Drug Enforcement Administration about steps it had taken to prevent such diversion, fraudulently increasing the amount of its products it was permitted to sell. I think it could be a learning experience. Most allegations of drug diversion are false. on Tuesday, 04 August 2015. Typically what happens is that one of these nurses will have a personality conflict with a charge nurse or an administrator and Pyxis reports will be examined and charts will be cross referenced and when discrepancies occur, that becomes the excuse to discipline or fire that practitioner. 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. 113 0 R null null null 114 0 R null null null 115 0 R null We do continue to strongly recommend that every nurse purchase nursing liability insurance with coverage for professional licensure defense, despite your employer. -- A registered nurse is facing multiple charges after allegedly stealing prescription medication from her the St. Joseph Regional Medical Center,

Anyone can accuse a nurse of drug diversion. When patients are denied medications so that others can divert them for personal use, it harms patients and fuels the cycle of addiction.. So be smart and get a lawyer. /Producer () Press question mark to learn the rest of the keyboard shortcuts. I am so upset that this is happening. /MediaBox [0 0 612 792] The Attorney Generals Office thanks the New York State Department of Health for the agencys invaluable assistance on this case. On the day in question, a co-worker alleged to have seen syringes in clients work bag. DEA investigators serving a warrant to a CVS pharmacy in Sanford on October 18, 2011 noted that "approximately every third car that came through the drive-thru lane had prescriptions for oxycodone or hydrocodone. If you really did itjust quietly walk away. 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). 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. If the pharmacist is impaired on the job, this can lead to prescription errors that result in life-threatening issues for patients. 73 0 R null 45 0 R 46 0 R 74 0 R null 47 0 R 48 0 R 75 0 R null endobj

These matters were investigated by the Iowa Medicaid Fraud Control Unit. So, calendar your case and appear in court. If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. If You Run a Pharmacy, Are a Pain Management Specialist, or Prescribe Prescription Narcotics, the DEA, Feds Are Waiting to Strike. 3 166 0 R 4 168 0 R HWKs7q9\dw5Ece/@d&AK> &'fW~]^lwarz \4Lr22UuW_0y_/w0ij;-~}z6h2Jaq /Contents 31 0 R 108 0 R null null null 109 0 R null null null 110 0 R null 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. By no means would I ever do this. /Outline /Span Create an account to follow your favorite communities and start taking part in conversations. allnurses is a Nursing Career & Support site for Nurses and Students. /Resources 22 0 R Disclaimer:This information is a sample of our past results. WebI 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. Has 7 years experience. 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. The E Felony charges carry a potential sentence of one and one third to three years in state prison. Because of null 158 0 R null] Bail for Bauer was set at $25,000 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. Has 4 years experience. /S /Sect The circumstances of your case may differ from the results provided. When they call that means that you are in trouble.

interpol officer salary; crain and son funeral home obituaries; when is an appraisal ordered in the loan process She is charged with obtaining narcotics by fraud, possession of 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. 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. This complaint / report initiates a disciplinary investigation. Professional Liability/Malpractice Defense, Standard of Care in Medical Malpractice Actions, Wrongful Death Acts in Medical Malpractice, Miami & Florida Health Care Compliance Attorneys, Los Angeles & California Health Care Compliance Attorneys, HIPAA Compliance for Healthcare Professionals & Practices, Developing a Health Care Compliance Program, Health Care Fraud Defense/Criminal Defense, Health Care Fraud Defense in Miami & Florida, DEA Registration Suspensions & Revocations, Unlawful Prescribing or Dispensing (Michigan), DOH and LARA Investigations and Complaints, Emergency Suspension Orders and Hearings Florida, (IPN) Florida: Intervention Project for Nurses, (HPRP) Health Professionals Recovery Program, Michigan and Florida Healthcare Licensure Applications and Renewals, Medical Board Hearings: Florida & Michigan, Staff Privileges, Credentialing and Peer Review, Healthcare Corporate Transactions & Business Matters, Healthcare Practice Formation and Expansion, Case Result: RN Accused of Impairment, Drug Diversion for Taking Benadryl from Hospital Due to Allergic Reaction, Case Result: RNs Impairment, Drug Diversion Case Dismissed as Colleagues Allegations Turn Out to Be False, What to Do If You Are a Healthcare Professional Accused of Drug Diversion or Stealing Drugs, Fighting Pill Mill, Unlawful Prescribing and Drug Diversion Allegations, Case Result: Registered Nurses Impairment, Drug Diversion Accusations Stemmed from a Retaliatory False Report by HR Personnel, For Nurses, Physicians, Other Florida Healthcare Providers, Orders Compelling Exam Can Be Unfair But Theyre Not Unbeatable, Healthcare Fraud Defense & Health Care Criminal Defense. >> null 138 0 R null 139 0 R null 140 0 R null 141 0 R null 142 0 R null null null 93 0 R null null null 94 0 R null null If they dont have you, you can only hurt yourself by talking. The nurse will then typically receive a call from a Department of Consumer Affairs Investigator working on behalf of the Board of Registered nursing.

Change your practice habits to keep your job and your license. The case was investigated by Special Investigator David Giudici with assistance from MFCU Deputy Chief Investigator William Falk, and BNE Senior Investigator Timothy Dewey. "[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.

Our client believed the HR personnel made a false report on impairment and drug diversion in retaliation. 181 0 R null null null 182 0 R null null null 183 0 R null Prospective clients may not obtain the same or similar results. Choosing a specialty can be a daunting task and we made it easier. In this post, youll learn about the serious impact these accusations can have on your career and find out when to seek help from a professional license defense attorney. If you are experiencing an issue with drug diversion, our experienced team will fight for your rights and ensure that you are treated fairly by the board. Areas of Law:Healthcare LicensingProfessional Licensing DefenseDrug DiversionDOH & LARA Investigations & Complaints. Is this legal? 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 /StructTreeRoot 5 0 R >> endobj Your license is the single most valuable thing you have in your life. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. 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. null 133 0 R null 134 0 R null 135 0 R null 136 0 R null 137 0 R They need you to admit to making a mistake and if they can pin diversion on you, they will in a heartbeat. All Rights Reserved. Our members represent more than 60 professional nursing specialties. We represent nurses in forming corporations and limited liability companies, in applications for home health agencies, nurse registries, health care clinics and other types of facilities regulated by the Agency for Health Care Administration (AHCA). NOTHING else. Specializes in Critical Care, Med-Surg. Nurses falsely believe that they have insurance coverage for such matters "through my employer" when they do not. 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. . The patients were well-known to me and would have had to be woken up over and over to be scanned. null null null 171 0 R 172 0 R 171 0 R null null null 173 0 R Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? << WebFalse accusations of drug diversion. 1 Article; 7 0 obj The E Felony charges carry a potential sentence of one and one third to three years in state prison. 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. Are there behaviors you have displayed that raised suspicions? Especially those of you playing devils advocate. 2 0 obj In response, CVS in a statement issued February 17 in response to opioid trafficking questions from USA Today said the company is committed to working with the DEA and had taken "significant actions to ensure appropriate dispensing of painkillers in Florida. /ModDate () 13 0 obj We do continue to strongly recommend that every nurse purchase nursing liability insurance with coverage for professional licensure defense, despite your employer. I would ask for a copy of the incident report findings (via email for record keeping) because If it was investigated, it exists. I have been falsely accused of drug diversion. Press J to jump to the feed. Just follow policy. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. 1995 - 2019 TheLaw.com LLC. /Lang null 143 0 R null 144 0 R null 145 0 R null 146 0 R null 147 0 R Is there some policy that is unclear that left you under a cloud of suspicion? A wrongful conviction occurs when a factually innocent person gets convicted by the court system. Utilizziamo i cookie per migliorare la tua esperienza di navigazione, offrire contenuti personalizzati e analizzare il nostro traffico. /Bibliography /BibEntry When hospital staff searched her locker and work bag, they found two pre-pulled 1 mg hydromorphone 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. /Underline /Span null 167 0 R 168 0 R 167 0 R null null null 169 0 R 170 0 R 169 0 R 11 0 obj 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. [5], 21 U.S.C. Recently accused of diverting non narcotics ( muscle relaxers, also couple other meds were listed..toradol, lidocaine). null 83 0 R null 84 0 R null 85 0 R null 86 0 R null null Utilizzando questo sito web acconsenti al nostro utilizzo dei cookie. She might have left them in the patients' med drawers. So is there anyone sus on your unit? Youve really helped me gain perspective and regain some direction and intent. 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. endobj /Type /Page Specializes in Neuro, Telemetry. No accusations from patients. 305.712.7177. Has his finger shaking in my face telling me I was going to jail and lose my license. She never said she put meds in her pocket or on her person. endstream These are only a few of the many areas in which we provide legal advice and representation to nursing professionals. The administrator. % I think the managers are kinda obligated to follow up even if they don't believe in any wrong doing. All Rights Reserved. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Staff also found a syringe plunger and needle in the original package. Unfortunately, many pharmacists are unsure of what constitutes a violation. In this instance it helps to have a lawyer. Has 16 years experience. We use cookies to ensure that we give you the best experience on our website.

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