Getting accused of drug diversion is a serious allegation. If you are practicing in the Denver Metro Area and are facing accusations of drug diversion, your nursing license, career, and professional reputation may all be at risk. Knowing where to go from here can be overwhelming, but when you retain the LLF National Law Firm, you don’t need to navigate this process alone. Call us at 888-535-3686 or contact us online.
What Constitutes Drug Diversion in the Denver Metro Area
The Colorado Nurse Practice Act details what constitutes drug diversion. The law refers to drug diversion as the unlawful possession, distribution, sale, dispensing, or use of controlled substances outside legitimate medical purposes. This can include taking medications intended for patients, altering medication records, or otherwise mishandling controlled substances.
Drug diversion in the Denver Metro Area is not limited to selling drugs to others. Allegations may involve a nurse diverting medication for personal use, failing to properly dispose of unused medication, falsifying records to conceal missing drugs, or allowing another person to access controlled substances.
The Denver Metro Area Nurse Drug Diversion Disciplinary Action Process
When drug diversion allegations arise in the Denver Metro Area, the Colorado Board of Nursing will be notified. While not every report results in formal discipline, once the BON becomes involved, the matter must be taken seriously. You should contact the LLF National Law Firm immediately. One of our Professional License Defense Team attorneys will answer all your questions and explain the process. Below is an overview of the typical disciplinary action process.
Complaint
Anyone can file a complaint with the BON, but most drug-diversion complaints originate with employers, supervisors, coworkers, or healthcare facilities. Hospitals and other facilities are often legally obligated to report suspected diversion. Individuals and facilities can both face disciplinary action themselves if they don’t report you when they suspect you have been diverting drugs.
Once a complaint is received, the BON will notify you in writing. You are required to respond. Ignoring the complaint or missing deadlines can result in additional violations and harsher discipline. You cannot afford to start out on the wrong foot.
Summary Suspension
In more serious cases, the BON may issue a summary suspension. A summary suspension requires a nurse to immediately stop practicing, which can obviously be a direct threat to your employment and livelihood. This action is reserved for situations where the BON believes continued practice poses an imminent threat to public safety.
Summary suspensions are not automatic in drug diversion cases, but they are possible, particularly when allegations involve patient harm. These aren’t used in most cases, but if you receive a notice of summary suspension, call one of our Professional License Defense Team attorneys. You can fight the summary suspension and ideally get back to practicing as soon as possible.
Investigation
Most drug diversion complaints in the Denver Metro Area result in a formal investigation. Investigators may request records, interview witnesses, and ask to speak directly with you. While investigators may appear neutral or even to be giving you the benefit of the doubt, their role is to gather evidence for the Board, not to protect your license. Statements made during an investigation can be used against you later. You should never speak with an investigator without first consulting your LLF National Law Firm attorney.
Informal Proceedings and Negotiations
The BON may attempt to resolve a drug diversion case through informal proceedings, such as a settlement or stipulated agreement. These agreements can involve probation, monitoring, restrictions, or mandatory treatment. You don’t have to accept the first offer the BON presents. Our LLF National Law Firm attorneys have successfully negotiated better deals for countless Denver Metro Area nurses.
Formal Hearing
If an informal resolution is not reached, the BON will proceed to a formal disciplinary hearing. Hearings follow strict procedural rules and involve evidence, testimony, and legal arguments. The outcome of a hearing can permanently affect your license and ability to work in the Denver Metro Area. This is why you cannot afford to be defending yourself in a hearing. Our attorneys are well-versed in the hearing process and can ensure your best defense is put forward.
Determinations
After the hearing, the BON will issue a written decision. If they find you guilty of drug diversion, potential disciplinary actions may include:
- License revocation
- License suspension
- Probation or restrictions
- Mandatory monitoring or treatment
- Fines or formal reprimands
Alternative to Discipline Programs
Certain nurses accused of drug diversion related to substance abuse issues may be eligible for an alternative discipline program. These programs focus on treatment, monitoring, and rehabilitation rather than traditional punishment.
You need to be aware that entering an alternative-to-discipline program doesn’t come without consequences, and if you don’t comply, you’ll face severe disciplinary action. An LLF National Law Firm attorney can help determine whether this option is a good fit for you.
Who We Can Help in the Denver Metro Area
LLF National Law Firm represents nurses throughout the Denver Metro Area, including the city of Denver and other towns in Adams, Arapahoe, Douglas, Jefferson, Broomfield, Weld, and Boulder counties. Our nurse clients work in a wide range of healthcare settings, from major hospital systems, community hospitals, rehabilitation centers, inpatient and outpatient treatment facilities, nursing homes, assisted living facilities, home health agencies, and specialty clinics.
We regularly assist nurses at UCHealth University of Colorado Hospital, HCA HealthOne, Intermountain Health Saint Joseph Hospital, Reunion Rehabilitation Hospital, Denver Regional Rehabilitation Hospital, Mile High Recovery, and more.
If You’re a Denver Metro Area Nurse Accused of Drug Diversion, the LLF National Law Firm Can Help
The attorneys at LLF National Law Firm understand Colorado nursing regulations and how the BON handles drug diversion cases in the Denver Metro Area. When you’re facing drug diversion allegations, the only person you can count on to be in your corner is your LLF National Law Firm attorney. Let us protect your license and your livelihood. Call us today at 888-535-3686 or use our online form.