If you are a nurse working in the El Paso area – whether your job is in Texas or across the state border in New Mexico – you are likely to face serious scrutiny from your state’s Board of Nursing if you are accused of drug diversion. The two main types of drug diversion that can put your nursing license at risk in both Texas and New Mexico are:
- Theft of medication from the workplace. This is serious for several obvious reasons. Drugs that are stolen from a care or treatment facility are not available for patient use. Nurses who work under the influence can put patients in danger.
- Failure to properly document drug administration or disposal. When a nurse doesn’t properly record how drugs were used or disposed of, they are often suspected of having removed the drugs for their own purposes.
Drug diversion is one of the main reasons for nurse discipline in both Texas and New Mexico. Whether you work in El Paso, across the border in Las Cruces, or in nearby cities such as Socorro, Horizon City, Chaparral, or Sunland Park, you need a strong defense if you are a nurse who has been accused of drug diversion. The LLF National Law Firm’s Professional License Defense Team has the experience and knowledge to protect your rights and defend your nursing license. Call us at 888.535.3686, or submit our online contact form so we can set up a confidential consultation to discuss your case and explain how we are able to help.
Other Drug-Related Issues That Can Put Your Nursing License at Risk
There are a number of other allegations that also fall under the heading of “drug diversion” and can lead to sanctions or even the loss of your nursing license. These include:
- Suspicious charting mistakes. Some nurses will try to cover up drug theft by claiming they made a mistake when charting how medications were used. When this happens more than once, supervisors may investigate the nurse and may also report the nurse to the appropriate state’s Board of Nursing.
- Refusing drug tests. Employers in both Texas and New Mexico have a lot of discretion when it comes to requiring nurses to take drug tests. When a nurse refuses to do so, they may lose their job – but they may also be reported to the Board of Nursing.
- Working while under the influence. These allegations can be based on the nurse’s conduct while on the job and relate directly to concerns for patient safety.
- Criminal drug charges. A nurse who is arrested for use or possession of illegal drugs can face discipline from the Board of Nursing of both Texas and New Mexico as a result.
What Should I Do if I am Accused of Drug Diversion or Drug-Related Misconduct?
It can be very stressful to learn that someone has accused you of drug diversion or other drug-related misconduct. Just because you may have made mistakes when recording how drugs were used or disposed of does not mean you took the drugs for your own use or shared them with others. You need to keep a clear head and pay close attention to what your responsibilities are as a nurse if you receive a notice from your state Board of Nursing that a complaint has been filed against you. In particular:
- Read and make sure you understand everything you receive from the Board of Nursing. You will be notified of the allegations made against you and may be given deadlines for filing a response. A Board investigator may want information from you. Pay attention to what you’ve been asked for and what the deadlines are for providing it.
- Be careful with how you provide information. When it comes to responding to information requests or sitting for an interview with a Board investigator, it is easy to make mistakes when it comes to giving information or answering questions. If you accidentally fail to provide information that you have, you can be accused of failing to cooperate. And sometimes you may neglect giving the Board or the investigator information that can help your defense.
- Work with an experienced attorney. The best way to make sure you are defending yourself as effectively as possible is to team up with an experienced professional license defense attorney. That way, you will have someone who has done this many times before guiding you and making sure you are meeting your obligations to cooperate with the Board while at the same time protecting your rights and building as strong a defense as is possible based on the facts of your case.
The LLF National Law Firm’s Professional License Defense Team is ready to go to bat for you when you have been accused of misconduct by your state’s board – whether you hold a Texas nursing license or a New Mexico nursing license. We help nurses all across the country who find themselves accused of a wide range of misconduct, including drug diversion, and we are here to use that experience to help you with your case.
What About Going for Treatment – Will That Help Me Avoid Discipline?
Sometimes. Both Texas and New Mexico have “alternative to discipline” programs in place for nurses who are battling substance abuse challenges. Texas has the Texas Peer Assistance Program for Nurses, also known as TPAPN. And New Mexico has a similar Alternative to Discipline program for nurses.
These programs are challenging, and while they can result in the board suspending or dismissing disciplinary charges against you, if you fail to complete the program, you will likely be disciplined based on admissions you made to the Board as part of enrolling. It is important to understand exactly what is involved before you enroll in any alternative discipline program. Our attorneys can help you make sure you do so.
Can I Negotiate My Drug Diversion Disciplinary Case?
Almost all nursing discipline cases, including those for drug diversion, end up being resolved by way of an agreement, called an “Agreed Order” in Texas and a “Settlement Agreement” in New Mexico. The nurse will typically agree to a certain recitation of facts and to one or more disciplinary sanctions.
What is important to understand is that these agreements are negotiated. In cases where the complaint against you is not dismissed outright, negotiation can lead to lesser sanctions or ones that focus more on education to prevent future mistakes than on penalties for prior ones. Working with an experienced attorney from the LLF National Law Firm’s Professional License Defense Team means you will have someone on your side who has negotiated many of these agreements before and will use that experience to help you with your case.
The LLF National Law Firm is Ready to Defend Your Nursing License in the El Paso Area
As a nurse working in the El Paso area, whether in El Paso itself or in nearby cities in Texas or New Mexico, such as San Elizario, Sunland Park, Horizon City, or Las Cruces, you deserve a strong defense if you have been accused of drug diversion or any other type of misconduct. We know how vital your nursing license is to your livelihood and your future, and our attorneys are here to use our experience to defend yours.
We represent nurses all across the country in drug diversion, substance abuse, and other types of misconduct cases. Whether you are facing disciplinary allegations or charges from the Texas or New Mexico Board of Nursing, our attorneys are ready to use our experience for your benefit.
Don’t hesitate if you’ve been accused of drug diversion. Call the LLF National Law Firm’s Professional License Defense Team at 888.535.3686 or by filling out our online contact form. We will set up a confidential consultation to review your case and explain how we are ready to help.