South Carolina is among the ten states with the largest projected shortages of registered nurses. Yet, as defenders who fight on the front lines alongside nurses who are defending their right to practice, we have seen how overzealous discipline takes fit, competent nurses out of the workforce.
We want to protect you from this kind of severe disciplinary outcome. Drug diversion is a serious offense, and just one of many that the South Carolina Board of Nursing (SCBON) can cite as grounds to discipline a nurse (and harm their reputation in doing so). Whether or not a nurse has committed such an offense, the accusation alone is a grave professional threat.
The state of South Carolina has invested substantial financial resources to “recruit and retain nursing educators.” Yet, it does not always make a good-faith effort to retain the nurses who have already completed their education and entered the workforce. That’s where our firm comes into play.
The LLF National Law Firm Professional License Defense Team believes capable nurses should remain working. Even if they make a mistake, their career is worth preserving.
If you are accused of drug diversion or any other professional infraction in the Greenville area, call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss how we can help.
Offenses Involving Controlled Substances (Including Drug Diversion) That South Carolina Nurses Can Be Sanctioned For
South Carolina statutes detailing “grounds for discipline of licensees,” and nurses in particular, cite the following offenses:
- Practicing nursing while impaired (including but not limited to impairment by a prescribed or illicit drug)
- Falsely reporting the “wastage” of “narcotics or controlled substances,” which can be a possible indication of diversion
- Falsifying records related to controlled substances
- Unauthorized possession, manufacture, or distribution of a controlled substance
Nurses throughout this region, from Greenville to Spartanburg, Anderson, Greer, Mauldin, and elsewhere, should recognize the seriousness of these kinds of accusations.
Once such an allegation arises, the disciplinary process may proceed at a jarring pace, so now is the time to contact our Professional License Defense Team to discuss the right defensive strategy.
A Nurse Is Accused of Drug Diversion in South Carolina, Then This Happens.
South Carolina statutes both detail grounds for discipline and the manner in which discipline may be imposed. The procedures you can expect to unfold if you are accused of drug diversion or another serious nursing infraction are:
The Complaint Is Filed with the South Carolina Board of Nursing
Alternatively, a complaint could be filed with the South Carolina Department of Labor, Licensing and Regulation (LLR).
An allegation of mishandling controlled substances may be most likely to come from an employer, regulator, or other party with direct oversight of records or dispensing practices.
Designated Investigators Will Conduct Their Process
The investigator generally comes from the LLR. The accused nurse might expect to be contacted by the investigator, questioned about the offense, asked to turn over relevant records, and potentially be judged as guilty (even informally) during this process.
The value of a South Carolina professional license defense from one of our firm’s members will be apparent during the investigative stage.
The SCBON May Provide Formal Notice of Charges
At this point, the nurse’s license is at imminent risk. If they have not yet engaged our Professional License Defense Team, they should not delay a moment longer.
The South Carolina Administrative Law Court Will Conduct a Hearing
A nurse should have the opportunity to explain themselves, refute wrongful allegations, present evidence, and question witnesses during this hearing. However, due process is not always provided without a fight.
Our team fights to ensure that clients take full advantage of these hearings, which can be a defining moment in disciplinary proceedings.
The Board of Nursing Could Impose Discipline Post-Hearing
Of course, the South Carolina Board of Nursing could decide to discipline a nurse accused of drug diversion or another infraction.
The Nurse May Appeal Discipline
South Carolina statutes authorize appeals, including but not limited to judicial review (which may proceed to the Supreme Court of South Carolina).
Knowledge of this process can be empowering. For some, though, seeing this process on paper is daunting. When you engage our Professional License Defense Team, though, you should breathe easier knowing that we have navigated this process before—and that you have a capable, trustworthy advocate to guide you through.
What a Nurse Can Lose Because of Accusations Related to Controlled Substances
Employers throughout the Greenville area, from Prisma Health to Spartanburg Regional Healthcare System, Bon Secours St. Francis Health System, and even providers of a much smaller size, want nurses whose trustworthiness is beyond question.
A nurse found responsible for drug diversion or another serious offense may have their integrity questioned for the foreseeable future. However, we should emphasize that:
- If you have committed the offense you are accused of, our goal may be to mitigate professional harm (rather than disprove the allegations)
- If you have not committed the infraction you are accused of, we are prepared to fight any form of discipline—as disciplining a nurse who did not commit the alleged infraction is, in most cases, unjust
Drug diversion is among the most egregious offenses a nurse can be accused of, and may trigger:
- License revocation
- License suspension
- Other formal professional discipline that remains publicly visible for the foreseeable future
Such professional discipline can result in termination, lost future opportunities, financial harm, and mental health challenges. We have seen this toll firsthand among nurses who did not take every available measure to protect themselves against such allegations.
These kinds of cases can also involve legal issues, making the process even more stressful for the accused nurse. Our team is cognizant of this stress, and takes active measures to help the nurse alleviate that stress—for one, by taking as much of the adjudication process off their shoulders.
We are familiar with this region, including providers such as AnMed Health and Self Regional Healthcare, as well as communities such as Simpsonville, Greenwood, and Easley. Just as importantly, we know South Carolina’s laws and procedures related to nurses, and we are ready to help you right now.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss any drug-related misconduct allegations you face (and how we may defend you from those allegations).