Getting accused of drug diversion is a serious accusation. If you’re practicing in the Greater Cleveland area and find yourself before the Ohio Board of Nursing on drug diversion charges, your nursing license, livelihood, and personal and professional reputations can be hanging in the balance. Retaining an LLF National Law Firm drug diversion attorney means you’re never going into the battle to protect your license alone. To talk about your case with our team, call us at 888-535-3686 or contact us online.
What Constitutes Drug Diversion in Greater Cleveland
The Ohio Nurse Practice Act is the state law governing nursing licensing requirements and legal responsibilities throughout the state, including Greater Cleveland. There are several provisions of the law that address drug diversion.
The first provision defining drug diversion in Ohio prohibits the “selling, giving away, or administering or therapeutic devices for other than legal and legitimate therapeutic purposes.” Regarding this violation, it further states that the Ohio Board of Nursing can take disciplinary action if a Greater Cleveland nurse is convicted, found guilty, or found by the court to be eligible for a pretrial diversion program for drug intervention.
It’s important to make the distinction that drug diversion in Greater Cleveland can be a nurse “selling, giving away, or administering drugs” to themselves or others. When a nurse is diverting drugs for their own use, they can also, depending on the situation, face disciplinary action for other Ohio Nurse Practice Act violations for:
- Self-administering or otherwise taking a Schedule I controlled substance
- Habitual or excessive use of controlled substances that impair their ability to provide safe nursing care
- Impairment of the ability to practice nursing in accordance with acceptable safety standards for nursing care because of the use of drugs or other chemical substances
Greater Cleveland Nurse Disciplinary Action Process
When you’ve been accused of drug diversion, you can anticipate that the Ohio Board of Nursing will get involved. But just because you’ve been reported as committing drug diversion doesn’t mean you will be found guilty or face the maximum penalty of losing your nursing license. Having a Greater Cleveland drug diversion lawyer on your side from the get-go can make all the difference in your case. How you respond to the allegations from the outset can set the stage for how the proceedings will unfold. If not handled properly, things can go sideways fast. Your LLF National Law Firm nurse license defense lawyer will explain the full disciplinary action process to you, but here is an overview of the process.
Complaint
Anyone can submit a complaint to the Ohio Board of Nursing, but most often, drug diversion by nurses is reported by their employer or colleagues. Complaints against Greater Cleveland nurses are kept confidential in most situations; this changes when law enforcement or other government agencies are investigating the nurses’ drug diversion allegations as well.
When the Ohio Board of Nursing receives a complaint about one of its nurses, it will immediately inform them in writing. If it’s sent you a complaint, you need to respond; under no circumstances can you ignore the allegations. Failing to respond and defend yourself can result in serious disciplinary action against your license, likely a much more serious outcome than if you had appropriately responded.
Summary Suspension
In some situations, the Ohio Board of Nursing will issue a summary suspension of a nursing license. Any nurse who has a summary license suspension issued against them must cease practicing immediately and may not practice again without the Board’s approval. This action is reserved for the most severe cases and can be used if you’re accused of drug diversion. To issue a summary suspension, the Ohio Board of Nursing must have clear and convincing evidence that continued practice poses an immediate and serious harm to the public.
Investigation
The Ohio Board of Nursing will usually open an investigation for complaints related to drug diversion. Investigations generally involve interviewing you, your employer, and others familiar with the allegations. While the Ohio Board of Nursing’s investigators may seem friendly, they aren’t representing your best interests. Their job is to protect the public, not give you the benefit of the doubt. Contacting an LLF National Law Firm attorney immediately ensures you are prepared to communicate with any Board of Nursing officials and don’t fall for any tricks.
Informal Proceedings
The Ohio Board of Nursing may offer you a settlement agreement as an alternative to pursuing formal disciplinary action. Keep in mind that formal disciplinary action uses the Board of Nursing’s limited time and resources. It’s in your best interest to settle your case early, so having an LLF National Law Firm nurse drug diversion attorney there to negotiate the best settlement on your behalf is the best option.
Hearing
If a settlement agreement isn’t on the table or doesn’t materialize, the Board of Nursing will schedule a formal hearing for your case. Formal hearings have strict procedural rules, and knowing how to handle presenting evidence, written materials for your case, and more can make all the difference. The attorneys at the LLF National Law Firm are well-versed in Ohio Board of Nursing proceedings and have successfully represented many Great Cleveland nurses before them.
Determinations
The Ohio Board of Nursing is required to notify you of its decision in writing. Your notice will state what disciplinary action, if any, will be taken against your Greater Cleveland nursing license. The following disciplinary actions can be taken against your license if you’re found guilty of drug diversion:
- License revocation
- License suspension
- Restrictions placed on your license
- Issuance of a reprimand
- Imposition of fines
Alternative to Discipline Programs
If you’ve committed drug diversion that involves your own use of the drug, you may qualify for an alternative discipline program. The alternative to discipline programs doesn’t get you off the hook, but provides some different options. These programs include the Alternative Program for Substance Use Disorder and the Practice Intervention and Improvement Program. You should never enter these programs without first consulting your LLF National Law Firm attorney. There are strict eligibility requirements, and numerous pros and cons to each program that you need to consider before committing. Your attorney will walk you through it all.
If You’re a Greater Cleveland Nurse Accused of Drug Diversion, You Need the LLF National Law Firm
Drug diversion allegations are a real and serious threat to your Greater Cleveland nursing license. When your career and livelihood are on the line, you need back up from attorneys familiar with the ins and outs of Ohio nurse license defense – that’s the LLF National Law Firm Team. Let us fight for you; call us today at 888-535-3686 or use our online form.