Getting accused of drug diversion is one of the most serious allegations a nurse can face. When you have dedicated your career to patient care, it can be overwhelming to learn that you have been reported to your state board of nursing. In the Greater Memphis area, a diversion allegation can trigger investigations in Tennessee, Arkansas, or Mississippi, depending on where you are licensed and practicing within Greater Memphis. Your license, livelihood, and professional reputation are on the line. When you retain the LLF National Law Firm, you never have to fight these accusations alone. Speak with our Professional License Defense Team today by calling 888-535-3686 or contacting us online.
What Constitutes Drug Diversion in Greater Memphis?
Drug diversion laws in Greater Memphis are governed by three separate state regulatory systems: the Tennessee Board of Nursing, the Arkansas State Board of Nursing, and the Mississippi Board of Nursing. You’ve already interacted with your governing board when you applied for your nursing license. But these boards are also tasked with addressing drug diversion complaints against their nurses.
Drug diversion is a violation of laws in each of these three states: the Tennessee Nurse Practice Act, the Arkansas Nurse Practice Act, and the Mississippi Nurse Practice Act. None of the laws has a specific “drug diversion” provision, but rather prohibit drug diversion under provisions related to unprofessional conduct, unauthorized use of narcotics, and more. Under these laws, drug diversion can include:
- Unlawfully appropriating medications for personal use or sale
- Failing to dispose of medication properly
- Using controlled substances outside of legitimate medical purposes
- Falsifying patient or prescribing records
Drug diversion tends to come along with other misconduct charges. Common accusations that will be made in conjunction with drug diversion include violating patient health and safety standards and practicing nursing while impaired by a controlled substance, among others.
Documentation errors are one of the biggest causes of nurse drug diversion accusations. When there are missing medications that don’t line up with records with automated dispensing cabinets (ADCs), nurses have problems. It’s easier than you would think to be facing these allegations over a mistake or misunderstanding. While you may think you have established yourself professionally as an upstanding employee, that doesn’t mean your employer and your Greater Memphis nursing board won’t jump to conclusions. The only person you can guarantee is in your corner is your LLF National Law Firm attorney.
Great Memphis Nurse Drug Diversion Disciplinary Action Process
While each state has its own procedures, all three regulatory systems follow a structured disciplinary pathway. Understanding which agency is involved and how each stage works is critical.
Complaint
When a complaint reaches your Greater Memphis nursing board, it will first ensure that the allegation against you meets the state’s definition of drug diversion and is, in fact, a violation of the state’s nurse practice act. If your board determines that the allegations against you may have merit, it will open an investigation.
Summary Suspension
All three of the nursing boards with jurisdiction in Greater Memphis are authorized to issue a summary suspension of a nurse’s license in drug diversion cases. Boards may only do this if they believe a nurse poses an immediate threat to public health and safety. While boards may do this, it isn’t common. If you receive a summary suspension notice from your nursing board, contact the LLF National Law Firm immediately. You’re entitled to a prompt hearing to fight the suspension. Because board matters can take months to resolve, you need your license to be active so you can work throughout the disciplinary action process.
Investigation
Board investigators will usually interview you, colleagues, employers, and, in some instances, patients. Investigators will also collect evidence and documentation such as:
- Video
- ADC or MARs logs
- Patient records
- Pharmacy transaction reports
- Controlled substance inventory audits
- Drug test results
- Employment records
Once all this information is collected, the board will decide if issuing a formal complaint against you and your Greater Memphis nursing license is appropriate.
Formal Hearing
When a formal charge has been brought against you, your board will schedule an administrative hearing. This is your opportunity to defend yourself. Your LLF National Law Firm attorney will represent you before the board, providing a defense based on evidence, witness testimony, and more.
Determinations
After the hearing, your Greater Memphis board can decide to dismiss your case or take disciplinary action, including:
- Reprimand/warning
- Fines
- Mandatory participation in continued learning or rehabilitation programs
- Probation
- Suspension
- Revocation
Alternative to Discipline Programs
If substance use disorder is playing a role in your drug diversion case, an alternative discipline program may be an option for you. State nursing in Greater Memphis offers an alternative to discipline program, which is detailed in their respective nurse practice act. The programs in each state are as follows:
- Mississippi Nurse Voluntary Program (MnVP)
- Tennessee Professional Assistance Program (TNAP)
- Arkansas Nurses Alternative Program
While each differs slightly, they tend to have the same requirements: admitting to substance use, voluntarily requesting admission to the program, and undergoing a specific treatment program or programs. There are many things that make nurses ineligible for the program; these vary by state.
For example, if your drug diversion was only for self-administered or personal use, you may be eligible, while you are ineligible if the diversion was related to sale, distribution, or actual harm to a patient was caused as a result of the drug diversion.
Timing also matters a lot for these programs. Generally, you need to apply for the programs before a formal charge is filed; this usually means before a complaint is filed, right after it is filed, or before the completion of the investigative phase. Boards don’t like to see you using it as an “out” when it looks like you don’t have a better solution to avoid disciplinary action.
For some Greater Memphis nurses, this is a way to dedicate themselves to recovery fully, but entering these programs doesn’t come without its own consequences. Your LLF National Law Firm attorney can discuss the pros and cons of these programs with you so that you can make the best decision for you.
Who We Can Help in Greater Memphis
At the LLF National Law Firm, we represent nurses throughout Greater Memphis, including the city of Memphis, Forest City, and Clarksdale. Our clients have come from all types of medical settings, including large hospital systems like Methodist Le Bonheur Healthcare, Regional One Health, St. Jude’s Children’s Research Hospital, Baptist Memorial Care, and VA Memphis.
Some of our Greater Memphis clients have also worked at Quince Nursing and Rehab Center, Highlands Health and Rehabilitation Center, Ave Maria Home, and Midtown Center for Health and Rehabilitation. We also work with nurses employed in drug treatment centers, home health settings, and more.
If You’re a Greater Memphis Nurse Accused of Drug Diversion, the LLF National Law Firm Can Help
If you’re being accused of drug diversion in Greater Memphis, let us help you. Discuss your case with an LLF National Law Firm attorney today. Contact our Professional License Defense Team at 888-535-3686 or use our online form.