Handling controlled substances, or simply being near them, is one of the many responsibilities that test nurses’ discipline and ethics. Many nurses go their entire career without facing a drug-diversion allegation. Others are not so fortunate, though, as false allegations, unintentional mistakes, and lapses in judgment can place a nurse’s license in jeopardy.
If you have been accused of drug diversion, impairment while practicing, or any other similarly serious nursing offense, the LLF National Law Firm Professional License Defense Team will be your advocates. We have helped many nurses overcome such allegations, and we will strive to help you do the same.
Even when nurses slip up, they must protect the substantial investments they have made in their careers. We don’t judge. We simply evaluate the circumstances and identify the right path forward.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online as soon as possible.
Nurses in California Face a Bevy of Rules, Including Those Related to Controlled Substances
California nursing statutes contain both explicit and broadly worded offenses that can lead to formal professional discipline. Some of the more broadly worded justifications for sanctioning a nurse are:
- “Incompetence or gross negligence in carrying out usual certified or licensed nursing functions”
- “Conviction of a felony or of any offense substantially related to the qualifications, functions, and duties of a registered nurse, in which event the record of the conviction shall be conclusive evidence thereof,” which could include a criminal conviction for a drug-related offense
- “The knowing failure to protect patients”
- “Unprofessional conduct”
The law also mentions specific offenses related to controlled substances, including:
- “Obtain or possess in violation of law, or prescribe…or furnish or administer to another, any controlled substance,” which is one way of describing drug diversion
- Using a controlled substance (or other impairing substance) in a way that endangers oneself or the public in the course of one’s nursing practice
- Falsification of records related to controlled substances
Whether a nurse is accused of consuming a substance in a hazardous way, diverting controlled substances for financial gain or other reasons, engaging in inadequate recordkeeping, or engaging in some combination of this or other prohibited conduct, the professional ramifications can be severe.
The high-pressure, trauma-laden work environments that many nurses occupy heighten the risk that they will engage in prohibited conduct related to controlled substances. At the same time, nurses’ proximity to controlled substances can also make them targets for false allegations, whether the allegations are prompted by malice, misperception, or other motivations.
As soon as you know or suspect you will be accused of professional misconduct, reach out. Our Professional License Defense Team will begin protecting you right away.
What’s in Store for Nurses Accused of Drug Diversion (or Another Serious Professional Infraction) in the Fresno Area
California nursing laws and regulatory procedures tie together providers across Fresno, Clovis, Madera, Hanford, Corcoran, Dinuba, and the rest of the state. When a nurse in any California locale is accused of drug diversion or another professional offense, they may face an adjudication process that entails:
- The California Board of Registered Nursing (BRN) is fulfilling its duty to “protect patients by ensuring that registered nurses are competent and safe to practice” by leading the adjudication process
- The BRN reviews any complaint against a nurse to ensure its “authority to investigate the complaint”
- The Department of Consumer Affairs Division of Investigation will then investigate the complaint
- If there is grounds to believe the nurse violated the Nurse Practice Act, the case will be resolved “by informal or formal proceedings”
- If the nurse’s conduct involves criminal activity, the Board may also refer the case to the district attorney
The Board’s policies state that “Complaints containing allegations of the greatest consequences (e.g. gross negligence/incompetence, patient abuse, etc.) are given priority attention.” This means that an allegation of drug diversion may be investigated and adjudicated with uncommon urgency, and that you may have little time to prepare your defense.
The urgency of the Board’s adjudication procedures should move you to engage our Professional License Defense Team right away.
Formal Penalties and Secondary Consequences You Might Be Facing
It does not matter whether a nurse has a quarter-century of faithful service to pediatric patients at Valley Children’s Healthcare. They could have the unquestioned respect of their peers and colleagues at Kaiser Permanente or within the Community Health System. If a nurse is found responsible for drug diversion or another form of serious misconduct, their career and reputation can suffer irreparable harm.
State statutes grant licensing officials the authority to:
- Place a nurse on probation
- Suspend the nurse’s right to practice for a year or less
- Revoke the nurse’s license
- Take “other action in relation to disciplining them as the board in its discretion may deem proper”
The prospect of license suspension or revocation is frightening for any nurse. However, the uncertainty of the “other action” California statutes mention can be just as concerning.
Our Professional License Defense Team will work hard to ensure that you suffer no professional sanctions you should not. If you have made a professional mistake, we will work diligently to secure a merciful resolution that leaves your career intact.
Call the LLF National Law Firm Student Defense Team Today
Nurses who engage in drug diversion often have complex motivations and stories. Sometimes, they are in active addiction. Other times, the overwhelming pressure of personal and professional obligations leads to mistakes in the handling or documentation of controlled substances. Such stories need to be told, as they often influence the licensing board’s disciplinary decisions.
We have also seen many cases in which nurses are baselessly accused of drug diversion and other serious professional infractions. No nurse should suffer professional discipline for an offense they did not commit.
Our Professional License Defense Team will fight to get you the best possible outcome to a situation we know you’d rather not be facing. Get the type of California professional license defense every hardworking nurse deserves.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss how we may help you.