The Alabama Board of Nursing (ABN) has little tolerance for nurses who violate its rules, including those specific to the handling of controlled substances. Any provider accused of drug diversion—or any similarly serious offense—should proceed as if license suspension or revocation is an imminent possibility.
The LLF National Law Firm Professional License Defense Team knows that mistakes happen, even to the most detail-oriented healthcare providers. We also know that substance use disorders affect even the most compassionate among us, and that nurses are not immune.
If you or a loved one is accused of drug diversion or another act that violates Alabama nursing statutes, call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.
We proudly serve providers throughout the region. Whether you work for UAB St. Vincent’s, Brookwood Baptist Health, Grandview Medical Center, or any other employer in the Birmingham region, we want to protect your career and your reputation—you only get one of each, and they are worth fighting for.
Drug Diversion and Similar Offenses Prohibited by Alabama Nursing Statutes
The Code of Alabama “to safeguard life and health, any person practicing or offering to practice professional nursing or practical nursing in this state,” nurses seeking a license must “submit evidence that he or she is qualified to practice.”
Furthermore, the Code states that nurses may see their license revoked, suspended, or denied for renewal if they are found responsible for:
- Being “convicted of any violation of a federal or state law relating to controlled substances”
- Being found “guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health”
- Being “unfit or incompetent due to the use of alcohol, or…habit-forming drugs to such an extent as to render him or her unsafe or unreliable as a licensee,” which may coincide with the diversion of controlled substances for personal use
- Being “unable to practice nursing with reasonable skill and safety to patients by reason of…inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance”
A nurse who faces criminal charges related to controlled substances or is impaired by the use of a controlled substance may be disciplined under these statutory standards. Yet, even if they are not impaired or facing legal proceedings, a nurse accused of diverting a controlled substance could be found responsible for “unprofessional conduct”—and disciplined severely as a direct consequence of that finding.
As soon as you suspect that you may be formally accused of drug diversion or another offense that violates Alabama’s nursing-specific codes, get an effective Birmingham nurse drug diversion defense from our Professional License Defense Team.
What Happens When a Nurse Is Accused of Violating Such Regulations?
The Alabama Board of Nursing oversees the conduct and licensing of nurses from Huntsville to Mobile, including Central Alabama locales such as Birmingham, Hoover, Alabaster, Vestavia Hills, Bessemer, Homewood, and Pelham.
When the ABN receives a complaint of suspected drug diversion (or another possible violation of nursing statutes), it then:
- Investigates the complaint
- Conduct a hearing to gather facts and hear the accused nurse’s case, with these hearings typically held in Montgomery
- At the hearing, allows the accused nurse to testify about the accusations, and possibly present witnesses to testify on their behalf
- Ask questions of the accused nurse and other parties involved in the hearing
- Use depositions to gather relevant evidence or witness testimony
- Rule, after a hearing, whether to take disciplinary action against the accused nurse’s license
Nurses accused of drug diversion or other misconduct may utilize subpoenas to compel witnesses to testify during a hearing, should they deem such measures necessary. Our team’s legal training and experience may prove vitally important in many ways, including in leveraging such subpoena power.
When you engage a nurse license lawyer for drug diversion allegations in Birmingham, we will prepare you for this adjudication process. We will also work to achieve the most favorable possible outcome, whether that is a negotiated settlement, a dismissal of the allegations, or a successful appeal.
Can I Appeal a Disciplinary Decision from the ABN?
You may appeal a serious adverse action against your nursing license in Alabama.
Alabama statutes explain that “Any person whose license is ordered suspended or revoked may appeal to the circuit court or a court of like jurisdiction of Montgomery County, from any order of the board under this section, within 30 days from the date of the decision of the board.”
Any nurse accused of drug diversion in the Birmingham area should proceed as if they will need to appeal, and engage a representative with a history of leading successful appeals (from our Professional License Defense Team).
Not Yet Accused of a Formal Offense? An Alternative-to-Discipline (ATD) Program May Work for You
Alabama’s nursing statutes explain that “When a registered nurse or licensed practical nurse voluntarily seeks treatment for use or abuse of drugs, controlled substances, alcohol, chemicals, or other substances…the board may refrain from taking disciplinary action.”
The Alabama Board of Nursing’s Voluntary Disciplinary Alternative Program (VDAP) may be the most practical and beneficial way for nurses to seek help while avoiding professional discipline.
If this could be a viable option for you, your drug diversion lawyer for a nurse in Birmingham will discuss this voluntary measure with you. Preserving nurses’ careers is our mission, but ensuring their well-being is even more important to us.
Sanctions for Drug Diversion Can Be Professionally (and Personally) Catastrophic
Whether a nurse worked for UAB Medicine for many years, is still establishing their footing at Children’s of Alabama, serves veterans through the Birmingham VA Health Care System, or occupies any other position in the state’s healthcare ecosystem, they have a lot to lose.
In addition to formal sanctions like license suspension and revocation, a nurse found formally responsible for drug diversion may:
- Suffer irreparable reputational harm
- Be terminated from their current professional position and face difficulty securing quality positions going forward
- Experience severe financial insecurity
- Suffer psychologically and emotionally as a result of professional discipline
Whether a nurse works in Birmingham, Talladega, Trussville, Helena, Cullman, Mountain Brook, or anywhere else in Alabama, they should contact us as soon as possible for the Alabama professional license defense every healthcare worker deserves.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss any professional problems you are facing and how we will work to help you overcome them.