Getting accused of drug diversion is a serious allegation. If you are practicing in the Indianapolis Metro Area and are facing accusations of drug diversion, you can’t gamble with your license by fighting the battle on your own. At the LLF National Law Firm, our Professional License Defense Team represents nurses throughout the Indianapolis Metro Area whose licenses are threatened by drug-diversion claims. Call us today at 888-535-3686 or use our online form.
What Constitutes Drug Diversion in the Indianapolis Metro Area
What drug diversion means in the Indianapolis Metro Area is outlined in the Indiana Nurse Practice Act. Under Indiana law, nurses are prohibited from unlawfully possessing, using, diverting, or distributing controlled substances outside the scope of legitimate medical practice.
The Indiana law is broad, but drug diversion can include taking medications prescribed for patients, removing controlled substances from automated dispensing cabinet (ADC) systems without authorization, falsifying medication administration records, improperly wasting medication, or failing to follow required protocols for controlled substances. Drug diversion is also covered under Indiana regulations on nurse conduct. Drug diversion falls under the umbrella of unprofessional conduct, which, under state nursing regulations, includes conduct that endangers a patient or demonstrates an inability to safely practice nursing due to substance use or misuse of drugs.
The Indianapolis Metro Area Nurse Drug Diversion Disciplinary Action Process
When an Indianapolis Metro Area nurse is accused of drug diversion, the Indiana State Board of Nursing will get involved. It is their job to regulate the practice of nursing in the state, including licensure and licensure issues. The disciplinary process for Indianapolis Metro Area nurses accused of drug diversion can be a long and stressful one. When you meet with an LLF National Law Firm attorney, we will walk you through the process from start to finish. Here is an overview of what the process may look like for you.
Complaint
Drug diversion cases usually begin with a complaint filed with the Indiana State Board of Nursing. Complaints are commonly submitted by hospitals, supervisors, coworkers, pharmacies, and sometimes even patients. As you likely know, your employer (a healthcare facility) and your fellow nurses and doctors are mandatory reporters. Even if they didn’t want to report their suspicions, they may face liability themselves if they fail to report suspected diversion.
Once a complaint is filed, the Board will notify you in writing and request a written response. As soon as you receive the complaint or believe you have been reported to the Board, contact the LLF National Law Firm immediately. You are required to cooperate with the Board throughout the disciplinary action process, but that does not mean you should respond without assistance. One of our Professional License Defense Team will help you craft an appropriate response to ensure you’re putting forward the strongest error-free defense from the start.
Summary Suspension
In certain cases, the Board may issue a summary suspension. A summary suspension immediately prevents a nurse from practicing while the investigation proceeds. This rarely happens, and only when the Board believes a nurse poses an immediate danger to public health or safety.
Receiving a notice of summary suspension is upsetting, and from the documentation, it may seem like you must accept the decision, but that is not the case. The moment you receive notice of a summary suspension of your Indianapolis Metro Area nurse license, your LLF National Law Firm attorney can challenge the suspension and work to restore your ability to practice as soon as possible.
Investigation
Many drug-diversion complaints result in formal investigations. Investigations can be lengthy, from weeks to months. During this time, you can expect to be interviewed by an investigator. They will also request that you provide documentation and other evidence. Your employer, colleagues, and others familiar with the allegations may also be interviewed and asked to produce certain documents and evidence.
You should speak with or provide any information without first consulting your attorney. Investigators do not represent your interests. Their role is to collect evidence for the Board, not to protect your license – even if they seem friendly throughout the investigation. Statements made during interviews can and will be used later in disciplinary proceedings.
Informal Proceedings and Negotiations
Many Indianapolis Metro Area nurse drug diversion cases are resolved through informal proceedings, such as settlement agreements or agreed orders. These may involve probation, practice restrictions, drug testing, monitoring, counseling, or participation in substance abuse programs. Your LLF National Law Firm attorney will always work to negotiate the best deal possible, one with manageable or no disciplinary action against you and your license.
Formal Hearing
If an informal resolution is not reached, the case proceeds to a formal administrative hearing. Hearings are governed by Indiana administrative law and involve calling witnesses, putting forth evidence, and presenting legal arguments, essentially like a court case.
A formal hearing is a high-stakes proceeding that can permanently impact your nursing career in the Indianapolis Metro Area. Attempting to defend yourself without the guidance of the LLF National Law Firm puts your license at serious risk. If you wouldn’t represent yourself in court, you shouldn’t be representing yourself at an administrative hearing.
Determinations
After a hearing or settlement, the Board will issue a written decision. If you’re found guilty of drug diversion, potential disciplinary outcomes may include:
- License revocation
- License suspension
- Probation or practice restrictions
- Mandatory substance abuse evaluation, treatment, or monitoring
- Fines or formal reprimands
These outcomes can affect your ability to work not only in the Indianapolis Metro Area but nationwide through licensure reporting systems, like Nursys. This is why it’s important to have an LLF National Law Firm attorney fighting to secure the best possible outcome for you.
Alternative to Discipline Programs
Indiana offers alternative-to-discipline options for certain nurses whose alleged diversion is tied to substance use or dependency. These programs focus on treatment, monitoring, and rehabilitation rather than traditional discipline, meaning you don’t go through the disciplinary action process the same way.
But these programs aren’t always a win-win. Failure to comply with program requirements can result in immediate and severe disciplinary action. There are also other long-term consequences you need to consider. Your LLF National Law Firm attorney will talk to you about the pros and cons of entering these programs.
Who We Can Help in the Indianapolis Metro Area
LLF National Law Firm represents nurses throughout the Indianapolis Metro Area, including Indianapolis and surrounding communities in Marion, Hamilton, Hendricks, Johnson, Hancock, Boone, and Shelby Counties. Our nurse clients work in hospitals, rehabilitation centers, inpatient and outpatient treatment facilities, nursing homes, assisted living facilities, home health agencies, behavioral health centers, and specialty clinics. We regularly represent nurses employed by major healthcare systems, including IU Health, Ascension St. Vincent, Community Health Network, Eskenazi Health, Franciscan Health, and Kindred Hospitals.
If You’re an Indianapolis Metro Area Nurse Accused of Drug Diversion, the LLF National Law Firm Can Help
The attorneys at LLF National Law Firm are well-versed in how nurse drug diversion cases in the Indianapolis Metro Area work. Our team has successfully represented countless nurses facing these charges, and we’re here to help you. When your license, livelihood, and reputation are on the line, you need our Professional License Defense Team protecting you. Call 888-535-3686 or contact us online today.