Nursing is one of the most important professions in our society, but it is also one of the most physically and emotionally taxing. Nurses are also human beings who may face difficulties in their personal lives that can result in making mistakes at work due to stress and exhaustion. Subsequently, you may be accused of drug diversion at work.
If you are accused of drug diversion, it can have devastating impacts on your nursing career. Depending on the scope and severity of the accusation, your nursing license may be suspended or even revoked. Most nursing-specific matters are resolved at the state nursing board level, but some drug diversion accusations may lead to criminal proceedings in addition to any board sanctions. If a co-worker, patient, or a patient’s family suspects that you are diverting drugs, state nursing boards take these suspicions very seriously.
Are you a nurse accused of drug diversion in or near Baton Rouge? You don’t want to go at this alone: the Louisiana State Board of Nursing will not presume your innocence, and you should not represent yourself at your hearing. It is best to arrange representation as soon as possible if you suspect that a nursing board hearing is forthcoming. By retaining an experienced drug diversion lawyer for nurses in Baton Rouge, you will have comprehensive representation at every step of the disciplinary process.
The LLF National Law Firm is committed to protecting your future and the nursing career that you worked hard to build. Our experienced Professional License Defense Team advocates for nurses nationwide, and we can represent you even if you have a complex case. Call us at 888-535-3686 or fill out our online intake form to tell us about your case.
What is Drug Diversion?
Drug diversion, also referred to as medication diversion, occurs when an individual (usually a healthcare worker) transfers prescription drugs or other substances from the intended recipient to themselves. Once in that person’s possession, the diverted drugs may be for personal use, transferred to another person, or intended to be distributed.
It is estimated that 1 in 100 healthcare professionals is suspected of drug diversion in the workplace, with 10-15% of healthcare professionals suffering from a substance use disorder that can often lead to accusations of medication diversion.
Drug diversion can also include the following:
- Tampering with medications intended for patients, such as replacing the contents of an IV bag with saline
- Personally using a patient’s prescribed drugs, or stealing drugs from an electronic medicine cabinet, then reporting it as waste
- Writing fraudulent prescriptions for yourself
Whether you work in a large regional hospital system like Ochsner or Bluebonnet, or a smaller clinical setting, accusations of drug diversion among nurses can also occur due to documentation problems. Pyxis and other narcotic delivery systems are prone to documentation failures, and the technology problems are only compounded by human errors.
How Does the Louisiana State Board of Nursing Discipline Nurses Accused of Drug Diversion?
As a nurse, you are a key element of public safety in Louisiana’s healthcare ecosystem. Subsequently, the Louisiana State Board of Nursing (LSBN) takes accusations of drug diversion very seriously. LSBN will subject nurses to discipline if convicted of a crime that reflects an inability to practice nursing safely.
LSBN must receive a written complaint from a party, such as a co-worker, supervisor, witness, patient, or a patient’s family member. If they believe the complaint accusing you of drug diversion has merit, they will conduct an investigation that takes 3-18 months to complete, depending on the circumstances.
Depending on the investigation’s findings, the case may be dismissed or referred to the LSBN for further sanctions. If LSBN’s attorneys find any violations of the law in their review, you may be referred to your parish’s district attorney or state attorney for civil or criminal charges. Additionally, the LSBN offers a program for nurses battling substance use disorders, the Recovering Nurse Program. You may be eligible for a confidential stipulated agreement and lesser sanctions by participating in the program if your drug diversion accusations are related to a substance use disorder.
How Nurses Accused of Drug Diversion in Baton Rouge Can Prepare
- Arrange representation as early as possible. LSBN will notify you in writing if you are under investigation. It’s best to secure representation as early in the process as possible to ensure time for strategizing your defense and negotiating for the best outcome possi
- Take meticulous notes of systemic problems in the workplace. Nurses may be accused of drug diversion due to common documentation problems in narcotics dispensary systems and other arenas where technology clashes with human errors in providing healthcare. Gather as much evidence as possible if you or your co-workers have repeatedly experienced this problem and your employer refused to rectify the situation. This evidence can include internal communications, emails, photos, and testimony from your co-workers or patients.
- Remain calm and professional. Being accused of drug diversion is a serious matter, and emotions may be running high right now. However, it’s crucial to stay composed and professional while you are under investigation. Communications with your employer, patients, the board, and other parties should reflect this to ensure smoother proceedings.
You’ve dedicated your life to caring for your patients. Whether there were personal or systemic mistakes along the way, the LLF National Law Firm is committed to protecting your nursing career. If you’re a Baton Rouge nurse in need of drug diversion defense, the LLF National Law Firm will advocate for you at every step of the disciplinary process and defend you against potential sanctions. Call us today at 888-535-3686 or reach out via our online contact form.