Nursing is a notoriously stressful occupation. Its physically and emotionally demanding nature is one of the reasons that nursing professionals grapple with a higher-than-average rate of substance issues. Sometimes, in order to meet the immediate needs of a substance dependency and/or sell substances to meet a pressing financial concern, nurses take controlled prescriptions from patients. When this occurs, the nurse is at risk of losing their license. Similarly, nurses who are falsely accused of “drug diversion” due to a misunderstanding or malicious complaint are also at risk of license suspension or revocation.
If you are a nurse practicing in Greater South Bend or Southwest Michigan, and you’ve been accused of drug diversion, your career is on the line regardless of whether those allegations are well-founded or not. Thankfully, no matter what the nuances of your situation are, you do have rights and the ability to fight back in informed, supported, and strategic ways. Call the reputable Professional License Defense Team at the LLF National Law Firm today at 888-535-3686 or contact us online to get started.
Common Reasons Why Nurses Are Accused of Drug Diversion
A nurse may be accused of drug diversion for a variety of reasons. Certainly, there are times when nurses – often out of desperation inspired by substance abuse dependency or great financial need – steal a patient’s controlled substances outright. Other times, a nursing professional may be accused of falsifying patient medication records or some other form of prescription fraud. Even misunderstandings related to missing medications or discrepancies in recordkeeping can lead to accusations of drug diversion.
Unfortunately, some nurses are falsely accused of such conduct by those who seek to harm their reputation. It is not unheard of for unstable patients, vindictive co-workers, and even exes looking to gain an advantage in a child custody scenario to lodge complaints with the Indiana Professional Licensing Agency’s Nursing Board or the Michigan Board of Nursing.
Crafting a Nurse Drug Diversion Defense in Greater South Bend
When someone suspects – or wishes to falsely accuse – a nurse practicing in Indiana of drug diversion behavior, they are empowered to file a complaint with the state’s Attorney General (AG) via the state’s so-called Consumer Complaint Process. If the AG is concerned that the complaint could have merit, they will pursue action against the nurse named in the complaint after notifying the Indiana Nursing Board. The Board then needs to hold a hearing in order to hear both sides of the case.
Depending on the nature of the case, the Board may hear the issue directly, or an administrative judge appointed by the Board may hear the concern and make recommendations accordingly. Alternatively, a settlement hearing may be permitted, which allows the legal team representing a nurse who is being scrutinized to pursue a favorable resolution to the concern detailed in the complaint without a formal hearing.
This is one of the primary reasons why it is so important to connect with the experienced Professional License Defense Team at the LLF National Law Firm as soon as a nurse learns that a complaint has been filed against them. Responding in a targeted, diplomatic way to drug diversion allegations can place a nurse in the strongest possible position to resolve their case quietly, efficiently, and favorably. Otherwise, they may be compelled to defend their case in a formal hearing scenario. While either approach could lead to a reprimand, censure, fines, probation, suspension, or revocation of a nursing license, it is more likely that a dismissal or lesser consequences will be handed down if a settlement hearing is as successful as it can be under the circumstances.
Crafting a Nurse Drug Diversion Defense in Southwest Michigan
The Michigan Board of Nursing has taken more steps than most other state boards when it comes to addressing the high risk of substance dependency that nurses face. The State’s Prescription Drug and Opioid Abuse Commission, for example, continually pursues a mission of assisting “licensed or registered health professionals recover from substance abuse/chemical dependency problems or a mental health problem.” As such, Michigan’s Board of Nursing may be more inclined to work with a nurse accused of drug diversion due to their own dependency issues in order to find a mutually agreeable way forward than other boards might. However, reaching a resolution that allows for adequate substance abuse treatment and a license that either remains active or is reinstated after a pause for treatment requires a thoughtful, strategic defense.
Per the Michigan Public Health Code, the Michigan Department of Licensing and Regulatory Affairs (LARA) is empowered to investigate complaints related to drug diversion that are lodged with the state. Any member of the public, from fellow healthcare professionals to patients and their families, spiteful exes to concerned Michigan residents in general, is permitted to file complaints of this kind.
Once a complaint has been filed, it will be reviewed. It may then be dismissed or investigated if potentially credible evidence suggests that impermissible drug diversion has occurred. LARA may then file a formal administrative complaint against the healthcare worker named in the original complaint submitted to the state. At that point, the affected nurse at issue will generally have 30 days to submit a written response to the allegations. Failure to file a written response may result in sanctions applied by default.
If you’re facing drug diversion allegations in Michigan, know that it is important to seek experienced legal guidance before submitting a written response for two primary reasons. First, how you craft your written response can profoundly influence the outcome of your situation. Second, it may be used as evidence – for better or worse – as your case evolves. If LARA finds your account to be compelling, that may place you in a stronger position to negotiate a favorable resolution to your circumstances via a compliance conference. If a compliance conference isn’t in your best interests – or if a favorable outcome is not reached via this kind of informal negotiation – your written account may be used against you in a formal administrative hearing setting if it is not crafted with care. This could cause the judge assigned to your case to issue an unfavorable recommendation to be considered by LARA’s disciplinary committee.
Contact a Skilled Drug Diversion Lawyer for Nurses in South Bend and Southwest Michigan Today
You have worked hard to earn your nursing license. If your fitness to continue nursing is under scrutiny, you may be understandably worried that you could lose that license. Know, however, that whether a complaint has been made against you due to a mistake, misunderstanding, or a malicious complaint, scrutiny by your state’s Board doesn’t have to derail your career.
The compassionate Professional License Defense Team at the LLF National Law Firm practices across the U.S., so we can help you to safeguard your reputation and your license, whether you work in Indiana or Michigan. We take our clients’ needs seriously, and we craft legal strategies that put their unique circumstances at the forefront of our response to drug diversion allegations. Call 888-535-3686 or contact us online today to learn more about how we can help. We look forward to hearing from you.