In Milwaukee and throughout Wisconsin, nurses play a vital role in caring for residents and their families. However, some nurses in clinics, hospitals, and care facilities are accused of drug diversion of medications each year in Wisconsin. These cases often start with a report from a colleague or supervisor, but they quickly escalate to a charge of nurse drug diversion by the Wisconsin Board of Nursing. Charges of this type can cost you your nursing license.
If you are a nurse accused of drug diversion in the Milwaukee area, you must have an experienced nurse license defense attorney. The LLF National Law Firm’s Professional License Defense Team represents nurses accused of all types of alleged misconduct, including drug diversion. Call us today at 888-535-3686 or use our contact form, and we will reach out to you.
How Nurse Drug Diversion Allegations Commence in Milwaukee
As most nurses are aware, allegations of drug diversion often come from the hospital or clinic at which they work. Allegations might start with a discrepancy in the inventory of narcotic medications or an issue with medication waste documentation. In other cases, a coworker or supervisor may report suspicions of drug diversion. Once an allegation has been made, the facility or individual must, in many instances, report it to the Wisconsin Board of Nursing (BON). This is true even if proof of actual wrongdoing is scanty. While a nurse may be immediately concerned about the potential loss of a job due to these accusations, the loss of a license is now the greater concern.
Drug Diversion Allegations Can Put Your Wisconsin Nursing License at Risk
In Wisconsin, Chapter 441 covers the Board of Nursing (BON) and regulations governing the nursing profession. Section 441.07 lists the grounds for discipline of a Wisconsin nurse. Section 441.07 provides three broad categories that apply in many diversion cases:
- Acts that show a nurse is unfit because of abuse of alcohol or drugs.
- Misconduct or unprofessional conduct.
- Violation of laws on controlled substances (including prescription drugs) if the nurse has the right to prescribe meds (typically an advanced practice nurse).
This regulation provides that the Board of Nursing (BON) may discipline a nurse, up to and including suspension or revocation of their license, for violations of these provisions.
Who We Help in the Milwaukee Metro Area
The LLF National Law Firm represents nurses across the Milwaukee metro area, including Racine, Waukesha, West Allis, and Beaver Dam. It doesn’t matter where you are in Milwaukee, Waukesha, Washington, or Ozaukee counties: the LLF National Law Firm can help you with your BON issues. We represent a broad range of nursing practice and can help whether you work in a hospital, clinic, nursing home, care facility, or other healthcare setting. We regularly help nurses at major employers in the Milwaukee area, including Advocate Aurora Health, Wisconsin Children’s Hospital, Ascension Columbia St. Mary’s Hospital, and Froedtert Hospital. We also help nurses at small outpatient clinics and retirement communities throughout the Milwaukee area.
The Wisconsin Nursing License Disciplinary Process
Under the Wisconsin BON disciplinary process, you must be given fair notice and an opportunity to respond to a charge of drug diversion. Due process requires that you have the right to challenge the charges against you and to see the evidence supporting the charges. Within a limited time frame, you must respond to these charges. It is vital to show great care in your response to the BON. If you are contacted for an interview during the investigatory process, it is vital that you not attend without first consulting an experienced drug diversion attorney.
The Board may ask that you attend a settlement conference to discuss the charges and may ask you to enter into a consent agreement. Again, it is vital not to sign such an agreement without speaking to an experienced nursing license defense attorney. If the licensee decides to deny and contest the charges, the DPPS will commence formal charges and will set a hearing under administrative procedures for nurse disciplinary actions.
Consent Agreements in Wisconsin
Wisconsin nursing regulations allow the DSPS to settle disciplinary charges against a nurse through an agreement. As part of a consent agreement, the nurse must typically acknowledge or admit fault and enter into an agreed-upon rehabilitation process. For nurses accused of drug diversion, this will include treatment and drug testing in most cases. It is vital to remember that signing an agreement in which you admit diverting medication can affect your license in other states and can create liability and other difficulties. The experienced nurse drug diversion defense attorneys at the LLF National Law Firm can help you negotiate a settlement agreement on the best terms possible if you choose to settle. The administrative law judge assigned to your case will need to approve the settlement, and the agreement’s terms will likely remain in place for some time to come.
Potential Outcomes in Nurse Drug Diversion Cases
When the Wisconsin BON investigates allegations of drug diversion by a nurse, they may arrive at many different outcomes, depending on the circumstances. The possible outcomes of a complaint of drug diversion include:
- Dismissal and closure without discipline.
- Probation.
- Practice restrictions, including limitations on access to controlled substances.
- Mandatory drug testing, monitoring, or treatment.
- Suspension of nursing license.
- Revocation of nursing license.
In some cases involving substance abuse, the BON may give the nurse the option of using the Professional Assistance Procedure. This procedure allows nurses who admit to having a substance abuse issue and are committed to recovery to avoid serious discipline. Nurses who enroll in this program must remain drug-free and must submit to random testing. It is vital to remember that participation in this program is not without its own consequences and issues. It is vital to speak with the drug-diversion lawyers for nurses at the LLF National Law Firm in Milwaukee before entering the Professional Assistance Program.
The LLF National Law Firm Provides Nurse License Drug Diversion Defense in Milwaukee
An allegation of drug diversion puts your nursing license at risk in Wisconsin and in other states where you may be licensed. The way you respond early in the investigation of a drug diversion complaint is critically important. The LLF National Law Firm’s Professional License Defense Team represents nurses throughout the Milwaukee metro area. We have a proven track record of defending nurses in all types of licensing issues. If you are a nurse accused of drug diversion in Milwaukee, call the experienced attorneys at the LLF National Law Firm. Call 888-535-3686 or fill out our contact form, and we will reach out to you.