Nurses are granted immense trust, including the trust that they will handle controlled substances with the utmost care and responsibility. When anyone suspects that a nurse has intentionally or unintentionally violated this trust, that nurse’s license can be immediately jeopardized.
Whether you are under the jurisdiction of the Georgia Board of Nursing (GBON), the Florida Board of Nursing (FBON), or any other authority that may investigate and adjudicate alleged nurse misconduct, now is the time to fight for your reputation and career.
Whether “fighting” means negotiating the least punitive disciplinary agreement possible, defending yourself from a false allegation, or pursuing another resolution, we will lead the way.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online. We will discuss any allegations against you and the options for resolving those allegations efficiently and favorably.
What Does “Drug Diversion” Mean for Nurses in Georgia?
The Georgia Board of Nursing’s Nurse Practice Act’s section titled “Denial or revocation of licenses” notes that a nurse may be disciplined for:
- A felony conviction related to “any crime violating a federal or state law relating to controlled substances or dangerous drugs or marijuana”
- “An inability to practice nursing as a licensed practical nurse with reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or any other types of material”
Georgia statutes specific to pharmacists are more explicit in naming drug diversion as a violation of professional standards. Those statutes cite the failure to maintain “effective controls against diversion of controlled substances” as grounds for discipline.
Even without such specificity, nurse-specific statutes provide ample grounds for a nurse to be disciplined for drug diversion. Most offenses that might qualify as “drug diversion” in Kingsland, St. Marys, Woodbine, Folkston, and other Georgia communities could also constitute felony convictions—meaning they can be grounds for professional discipline.
How Does Florida Define Drug Diversion?
The section of Florida’s nursing statutes related to “disciplinary actions” alludes to drug diversion in this way:
“The board shall not reinstate the license of a nurse who has been found guilty by the board on three separate occasions of violations of this part relating to the use of drugs or narcotics, which offenses involved the diversion of drugs or narcotics from patients to personal use or sale.”
The statutes also refer to impairment by “drugs,” “narcotics,” and “chemicals,” inappropriate prescribing, and other drug-related offenses as grounds for professional discipline.
Nurses from Jacksonville to St. Augustine, Orange Park, Neptune Beach, and Palatka are held to the highest standards of safety, ethics, and restraint when it comes to prescribed and illicit drugs.
How (and Which) Georgia Authorities May Handle Alleged Drug Diversion by a Nurse
If you are reading this, there is a non-zero chance that you have been accused of drug diversion or another drug-related offense. Such an accusation is the type that deprives nurses of sleep—and should motivate them to resolve the problem as soon as possible, with the help of our Professional License Defense Team.
We know how Georgia authorities address alleged drug-related misconduct by nurses, as the process generally entails:
- The complaint is submitted online (where complainants can “search for a licensed individual,” increasing the odds of frivolous or malicious complaints)
- The Board of Nursing gives “serious consideration” to the complaint, and pursues further investigation if it deems it appropriate
- Investigations are completed “as soon as possible,” and will likely include at least one discussion with the nurse accused of drug diversion
- If the nurse does not agree with the proposed disciplinary action, the Georgia Board of Nursing “may be required to hold an Administrative Hearing.”
- An Administrative Law Judge may rule on the case, should it proceed to a hearing
- If the nurse disagrees with the Administrative Law Judge’s decision, they may request a review of the decision by the Board of Nursing
Nurses may also appeal a decision to the Superior Court of Bibb County. These are measures that our Professional License Defense Team can guide you through if you practice nursing in Georgia.
How (and Which) Florida Authorities May Handle Alleged Drug Diversion by a Nurse
A nurse accused of drug diversion or another violation in Jacksonville Beach, Atlantic Beach, Green Cove Springs, Jacksonville, or another Florida community might face the following adjudication procedures for allegations against healthcare professionals:
- The Florida Department of Health (DOH) reviews a written complaint and determines if further investigation is warranted
- A probable cause panel convenes to determine if sufficient evidence of a possible violation exists
- The probable cause panel may initiate a formal administrative complaint
- The accused nurse may participate in a hearing before an Administrative Law Judge
- The Florida Board of Nursing reviews the Administrative Law Judge’s recommendation and issues its order in response to that recommendation
Florida nurses may be entitled to judicial review to contest adverse disciplinary decisions. Our Florida professional license defense service always accounts for the possibility that a nurse will need to appeal.
What Are the Potential Professional Consequences When a Nurse Is Found Responsible for Drug Diversion?
Drug diversion and other drug-related offenses are considered gross violations of nurses’ professional duties. In some cases, nurses struggling with substance use qualify for alternative-to-discipline (ATD) programs, which can provide them with treatment without the threat of professional harm.
In many cases, though, nurses face swift and severe discipline when accused of drug-related misconduct. These sanctions may include:
- Formal reprimand
- A fine
- Probation
- Mandatory education
- Practice restrictions
- License suspension
- License revocation
Every nurse owes it to themselves (and their loved ones) to protect their careers. Whether you need to negotiate a merciful settlement or fight an allegation you believe is baseless or mischaracterized, we want to lead the fight for you.
Whether you need a Georgia professional license defense or are a Florida-based nurse facing a misconduct allegation, help is here. Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.