Nurses - Diversion of Drugs

Being a nurse provides you with access to prescription drugs virtually every work day. Unfortunately, not all nurses handle drugs responsibly. Drug diversion continues to be a problem in nursing. It affects patients, healthcare facilities, and the nurses who engage in this behavior.

Have you been accused of drug diversion? Whether you believe the accusations are fair or accurate, now is not the time to attempt to defend yourself alone. If you're found responsible for drug diversion, the consequences may derail a career you've worked hard for.

That doesn't need to happen. When a licensing board investigates you due to accusations of drug diversion, protect yourself by hiring attorneys qualified to handle a case like yours.

That's exactly what you'll find at the Lento Law Firm's Professional License Defense Team. For more information about what we can do for you, submit your info through our online contact form or call us at 888-535-5686.

What is the Diversion of Drugs in Nursing?

Diversion of drugs can take many forms. Be aware that the “official” definition of diversion of drugs may depend on the laws in your state and the policies of your licensing board. An act that constitutes the diversion of drugs in one state may not necessarily result in the same penalties in another state.

That said, the diversion of drugs in nursing essentially involves redirecting prescription drugs from their intended destination or usage. Ways in which a nurse may engage in diversion of drugs include:

  • Direct theft
  • Substituting one drug for another
  • Diluting a patient's medication to steal a quantity of it
  • Otherwise tampering with drugs to steal from unknowing patients or one's employer

Research indicates that drug diversion may also frequently occur during “wasting.” Essentially, when a nurse needs to provide a patient with a dose of medication, the nurse may need to begin by completely filling a syringe. They should then dispose of a certain amount of the medication until the correct amount is in the syringe.

A nurse usually has to perform this step in the presence of a witness. However, witnesses aren't always available. Even if another medical professional is on hand to observe the wasting process, they may not always pay complete attention. When a nurse is unobserved, they can steal at least some of the medication they were meant to dispose of. In some cases, they can even steal entire syringes.

Why Do Nurses Engage in the Diversion of Drugs?

Just as there are various ways in which the diversion of drugs may take place, there are several reasons nurses may engage in this violation. They include:

  • Personal use
  • Giving to friends or family
  • Selling to others

Regardless of a nurse's reason for engaging in the diversion of drugs, the penalties can jeopardize their career if they're caught. This is one of many reasons why it's important for nurses to have representation from qualified attorneys when facing accusations of diversion of drugs. We at the Lento Law Firm's Professional License Defense Team are available to protect your future if you face such accusations.

How Common is Diversion of Drugs in Nursing?

Official statistics regarding how common the diversion of drugs is among nurses are difficult to come by. This is partially due to the fact that nurses who haven't yet been caught are unlikely to honestly report engaging in wrongdoing, even when responding to an anonymous survey. That said, research indicates nurses may be responsible for approximately 31% of public drug diversion incidents in a given year.

Some types of drugs are more popular to steal than others. The types of drugs most commonly involved in diversion of drugs cases include:

  • Opioids
  • Depressants
  • Hallucinogens
  • Stimulants
  • Anabolic steroids

As the diversion of drugs in nursing becomes an increasingly common problem, everyone from regulatory agencies to individual healthcare facilities is striving to guard against it. One way they may do so is by training nurses other healthcare workers, and professionals to identify the signs of drug diversion and report their suspicions accordingly.

If you've been accused of diversion of drugs, and you suspect a colleague reported you, don't attempt to resolve the matter directly by speaking with them. Doing so could only make the situation worse. Instead, allow the professionals with the Lento Law Firm's Professional License Defense Team to handle your case.

Potential Consequences for Diversion of Drugs

The consequences you may face if a licensing board determines you've engaged in the diversion of drugs could prevent you from practicing nursing, whether permanently or temporarily. It's up to a licensing board to penalize you if it determines you've violated diversion of drugs rules.

The following are just a few common options a licensing board may consider when disciplining a nurse who mishandled drugs:

  • License suspension
  • Loss of professional license
  • Probation
  • Substance abuse counseling

You've devoted years of time and energy to achieving your career goals. Protect those achievements by enlisting the help of lawyers who have experience defending nurses at risk of losing their licenses.

At the Lento Law Firm, our Professional License Defense Team understands how these cases can differ from typical criminal cases. We approach them accordingly. That's the type of unique service you need right now.

Factors That May Affect Penalties for Diversion of Drugs

Various factors could influence the penalties a licensing board may consider when a nurse is found to have engaged in the diversion of drugs. Common examples include:

  • The number of drugs diverted
  • The nature of the drugs involved in the incident
  • The reason for engaging in drug diversion
  • A nurse's history of disciplinary issues
  • The impact of a drug diversion incident on patients and other relevant parties

Although every case is different, it's worth noting that it's sometimes possible to enter into a deal with a licensing board. For example, rather than permanently stripping you of your license, a nurse licensing board might agree to a temporary suspension or probationary period. They might do so if you, having stolen drugs due to your own drug habit, agree to undergo drug counseling and any other terms the licensing board deems appropriate.

That's just one example. What's important to consider is that negotiating with a licensing board on your own could prove challenging if you lack experience handling these matters.

This is yet another reason to enlist the help of the Lento Law Firm's Professional License Defense Team if you've been accused of diversion of drugs. If entering into a deal with a licensing board appears to be an option, it's certainly one we'll consider as we work on the ideal strategy for your case.

Additional Consequences of Drug Diversion Nurses Should Know About

Disciplinary action on the part of a licensing board isn't the only potential consequence of drug diversion accusations. Depending on the nature of the case, a licensing board could share the information it uncovers during its investigation with law enforcement. In some circumstances and states, a licensing board may even be required to share such information when it appears a crime has been committed.

You may not currently be facing criminal charges. However, making mistakes (like making incriminating statements) during a licensing board's investigation could lead to a criminal case. You're less likely to make these errors when you have representation from experienced lawyers.

It's also worth noting that drug diversion can have significant consequences for patients and their families. Examples include:

  • Pain
  • Prolonged symptoms
  • The need for additional treatment
  • Death

In some cases, a nurse may be the direct target of a medical malpractice claim or lawsuit filed by victims affected by drug diversion. However, it's more likely that their employer would be the target of a claim or lawsuit.

That doesn't mean such action wouldn't affect a nurse accused of drug diversion. Even if they manage to keep their license after a professional investigation, they may have difficulty finding employment elsewhere. A medical facility may not be inclined to hire a nurse whose past behavior resulted in their former employer being sued.

These points aren't meant to frighten you. Rather, they're meant to highlight the importance of having a proper defense when someone accuses you of drug diversion. That's what our Professional License Defense Team at the Lento Law Firm is prepared to offer.

Essential Information about the Nursys System

Many states now participate in the Nursys system. This is an information-sharing system that theoretically offers benefits to nurses who wish to practice in other states. Rather than having to get relicensed in a new state, when a nurse gets their license in a Nursys state, their credentials are typically valid in any other states participating in Nursys.

Unfortunately, there's a flip-side to that arrangement. Licensing boards across Nursys states also share information about disciplinary action. Thus, if you lose your license in a Nursys state, even if you only temporarily lose it, getting relicensed so you can work in another state may be more difficult than it would otherwise be.

In rare cases, nurses accused of drug diversion may feel they can ignore the issue because they don't plan on living in their states much longer. A nurse may not be too worried about the effects of disciplinary action on their license if they're moving and think they can just get relicensed in a new state.

That's not necessarily the case. Even if you won't be living in your current state for much longer, getting in trouble with its nurse licensing board can affect your employability elsewhere.

Always take accusations of diversion of drugs seriously, regardless of future plans. Contact our Professional License Defense Team at the Lento Law Firm right away when you learn about such accusations against you.

What Happens When a Nurse is Accused of Diversion of Drugs

There isn't a single standardized process all licensing boards adhere to when handling these types of cases. The specifics of the process can and likely will vary from one state to another. Generally, though, when someone accused you of diversion of drugs, the process may involve such steps as:

  • Initial notification: A licensing board, your employer, or other such party may provide you with official information about the fact that you've been accused of diversion of drugs. Depending on a licensing board's policies, you may or may not learn the identity of the party who initially reported you. Different states and licensing boards may also have different policies regarding who may file initial reports or complaints. Regardless, thoroughly check all the information and documentation you receive, as it may contain important information about your next steps.
  • Initial review: Not all reports and accusations are worthy of further investigation. Again, policies differ, but it's not uncommon for licensing boards to begin by conducting a general review of a complaint. They may even complete this step before notifying you that a complaint was made. Depending on the conclusions of those reviewing the initial complaint, they might decide not to proceed with an investigation. That said, you shouldn't assume this will happen. If a licensing board informs you of a complaint before it conducts its initial review, don't wait for the outcome to decide what to do next. Make the smart decision and contact lawyers right away.
  • Investigation: Members of the licensing board (or others representing it) will investigate the accusations if they determine a complaint has merit. In states where licensing boards don't conduct initial reviews of complaints, a licensing board may skip to this step. Timelines can also vary on a state-by-state basis, with some licensing boards requiring investigators to complete their investigations and present their findings within certain timeframes. During an investigation, investigators may speak with you, your employer, your coworkers, and anyone else who may have information about your case. Lawyers can help in several ways during this experience. Along with protecting you, they can be a source of emotional support during what may be a challenging time.
  • Hearings and evidence presentation: You may be asked to participate in hearings or interviews during an investigation. Be aware you have a right to have lawyers present during these meetings. In general, you can't necessarily trust a licensing board to inform you of all your rights throughout an investigation, so it's wise to hire attorneys to speak on your behalf when your rights are potentially being violated. When the investigators are done looking into your case, they will present their evidence to the licensing board. Depending on the specifics of a licensing board's process, this might occur during a hearing in which you could defend yourself.
  • Review and decision: The members of the licensing board responsible for deciding whether disciplinary action is necessary typically aren't those responsible for investigating a case. After reviewing investigators' findings, they will usually convene to make a decision. Once they arrive at their decision, they will inform you of it, often both verbally in-person and through mail. Attorneys can explain the nature of a licensing board's decision and any requirements you may need to be aware of.

Lawyers can also explain other potential options if a licensing board does decide to take disciplinary action. For example, some states and licensing boards give you the option to appeal a decision. A lawyer can help with this process, determining if filing an appeal is an option and making sure you do so by the deadline if you decide to go this route.

The right lawyer to defend you needs to be one who understands your options as they relate to the policies and processes of a nurse licensing board. That's the type of attorneys on hand to work on your case at the Lento Law Firm's Professional License Defense Team.

What Not to Do if You're a Nurse Accused of Diversion of Drugs

Being accused of diversion of drugs is a frightening experience for a nurse. Knowing your license may be on the line could cause you to act out of fear.

Don't make this error! Now is the time to take a breath and plan how to proceed. If you don't, you run the risk of making such common MISTAKES as:

  • Participating in interviews or meetings without lawyers present
  • Otherwise, answering questions without the representation of your attorneys
  • Posting about the case on social media
  • Discussing the case openly
  • Attempting to contact any individuals you believe may have accused you of drug diversion

Treat this case with the same degree of seriousness that you would treat a criminal case. Contact our lawyers at the Lento Law Firm's Professional License Defense Team to ensure someone is defending your rights and your future.

Possible Defenses in a Diversion of Drugs in Nursing Case

There's no one way to defend a nurse accused of diversion of drugs. At the Lento Law Firm, our Professional License Defense Team prioritizes ensuring our defense strategies are tailored to the specific needs and circumstances of our clients. We can begin working on a defense strategy for you once you meet with us, discuss the details of your case, and decide ours is the right team to defend you.

That said, there are some common defense strategies lawyers may employ when defending nurses in your position. Reviewing them can help you better understand the approaches we may consider for your case.

Potential defenses include:

  • Lack of evidence: A case involving a licensing board considering disciplinary action may not be a criminal case. Thus, the rules of due process may not apply to the same degree that they would if you were to face criminal penalties. Regardless, a licensing board should provide sufficient evidence that the diversion of drugs has actually occurred before deciding disciplinary action is necessary. We could help if it appears the licensing board or its representatives have failed to provide such evidence.
  • Unintentional diversion of drugs: As a nurse, you should make every attempt to handle and dispose of prescription medications safely and properly. However, it is possible to accidentally handle drugs in a way that constitutes a diversion of drugs. If there was a lack of criminal intent when you engaged in the diversion of drugs, lawyers could help to argue this.
  • Miscommunication: Another way accidental diversion of drugs may occur is through miscommunication. Perhaps a nurse misreads a chart or misunderstands the directions of one of their superiors. Sometimes, these types of misunderstandings can lead to unintentional diversion of drugs.
  • Evidence is weak: One of the most effective ways to prevent the diversion of drugs (and guard against false accusations) is by keeping proper and thorough records. Unfortunately, some medical professionals and facilities fail to do so. It's possible you're facing accusations of diversion of drugs because your employer's records contain errors. This is just one way in which a lawyer might argue the evidence against you is too weak or inaccurate to justify disciplinary action.

Again, the above are just examples. Our strategy for you may involve one of the above, a combination of the above, or none. Learn more by getting in touch with the Lento Law Firm's Professional License Defense Team. The sooner we learn about your case's details, the more time we have to build a defense strategy that's right for you.

Diversion of Drugs in Nursing Accusations: How a Lawyer Can Help

The benefits of hiring qualified attorneys to defend you when facing accusations of diversion of drugs are numerous. Ways in which our lawyers could help you now include:

  • Reviewing your case and answering your questions
  • Explaining the basics of what you should and shouldn't do now
  • Informing you of your rights
  • Protecting your rights when others are at risk of violating them
  • Identifying holes or weaknesses in the case against you
  • If necessary, gathering evidence or contacting witnesses (although the burden of proof is still on the licensing board)
  • Explaining the requirements of any disciplinary action a licensing board takes
  • Exploring appeals and other potential options

Being a nurse gives you the opportunity to help others. You could lose that special opportunity if accusations of drug diversion put your license in danger.

At the Lento Law Firm, our Professional License Defense Team has the experience you need to fight back against such accusations. If someone has accused you of diversion of drugs, find out what we can do for you today by calling us at 888-535-5686 or submitting your information online.

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Attorney Joseph D. Lento and the Lento Law Firm are committed to answering your questions about Physician License Defense, Nursing License Defense, Pharmacist License Defense, Psychologist and Psychiatrist License Defense, Dental License Defense, Chiropractic License Defense, Real Estate License Defense, Professional Counseling License Defense, and Other Professional Licenses law issues nationwide.
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