falsely accused of diverting drugs
On the day in question, a co-worker alleged to have seen syringes in clients work bag. The matter was adjourned until May 21st for further proceedings. The panel dismissed the case without a finding. << By: Amanda VanAllen Posted at 10:48 AM, Nov 10, 2018 Language links are at the top of the page across from the title. She never said she put meds in her pocket or on her person. I agree that she needs to stop doing what she got flagged for. WebCouch, a long-time Danielsville, Georgia, received care at a family members home, not at a facility. ELMIRA Attorney General Eric T. Schneiderman today announced the arrest of Lisa Rumsmoke Clark, 45, a Licensed Practical Nurse from Watkins Glen, on charges that she allegedly diverted nearly 200 narcotic pills from elderly patients residing at Elcor Nursing and Rehabilitation Center in Horseheads. The panel dismissed the case without a finding. 1,509 Posts. Placing a narc in your pocket can be grounds for immediate dismissal. Specializes in Pediatrics, Emergency, Trauma. /MediaBox [0 0 612 792] null 98 0 R null null null 99 0 R null null null 100 0 R The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Now that you have been cleared, I would go to management, whoever you trust and explain how damaging the situation was and that you would like to be able to use it as a learning experience. /Length 189 0 R endstream The Attorney Generals Office thanks the New York State Department of Health for the agencys invaluable assistance on this case. We have represented nurses who have been fired, reported to the Department of health and reported to local law enforcement for criminal prosecution, even though they denied the charges and were negative on employer administered drug screenings. The law is also subject to change from time to time and legal statutes and regulations vary between states. 15 0 obj If they dont have you, you can only hurt yourself by talking. It would be right before the procedure that I pull it, and I would waste the unused portion right after the procedure is done. 14 0 obj I've been a nurse for 33 yrs. All Rights Reserved. /Artifact /P << The only reason for this is because I have pulled out morphine at times and not given it until 1-2 hours later. # iKNb(B1+L5+v#8RLa = 7; H_3Yo\v]kNpX+\sg%;[z c#pHz9!M^7Mj8Qcd[y0Yg|&D Q %|!`o,[uY=>\.^; uUK6>f"u}EMqkMAoaV7"Efs)+v=ID~/7I&FP9r1
fkfs{Ln9F%+kL1vh}0 mS#Cv a'F+-PBYyz\ UTbc*: 0O2@_?e>dhZHB=b{j;63 33<. Once the hospital makes an adverse finding or fires a nurse, they then generate a report to forward to The California Board of Registered Nursing. I would ask for a copy of the incident report findings (via email for record keeping) because If it was investigated, it exists. The case is being prosecuted by Special Assistant Attorney General Jennifer Sommers. The E Felony charges carry a potential sentence of one and one third to three years in state prison. Rather than return the med immediately, I hold onto it until they need it so I am prepared for the next time. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 2 comments Kristine S Karila Virtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. Having legal representation and medical experts from the get-go. The administrator. To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. If the discrepancies were caused by theft, diversion, or self-use, it must be reported within 14 days. In this post, youll learn about the serious impact these accusations can have on your career and find out when to seek help from a professional license defense attorney. << Your attorney can advise you about how best to handle this entire matter, including the false confession. Employees at nursing facilities are entrusted with an important responsibility to provide appropriate care to New Yorkers loved ones, said Attorney General Schneiderman. [1][2] The definition varies slightly among different jurisdictions, but the transfer of a controlled substance alone usually does not constitute a diversion, since certain controlled substances that are prescribed to a child are intended to be administered by an adult, as directed by a medical professional. This includes the crimes of: theft, drugs, sex crimes , and; homicide. Has 16 years experience. 73 0 R null 45 0 R 46 0 R 74 0 R null 47 0 R 48 0 R 75 0 R null Specializes in Critical Care, Med-Surg. endobj null null 160 0 R null null null 161 0 R null null null . /StructParents 1 null 148 0 R null 149 0 R null 150 0 R null 151 0 R null 152 0 R Create well-written care plans that meets your patient's health goals. What most Veterinarians, In one case alone, Clark is accused of stealing 46 Percocet pills from a resident, while falsely completing documents indicating that she administered those drugs to the patient. Prospective clients may not obtain the same or similar results. The charges are merely allegations and the defendant is presumed innocent until proven guilty. 11 0 obj But that almost certainly will not be the case if you try to talk your way out of your problem. The E Felony charges carry a potential sentence of one and one third to three years in state prison. In order to be fully compliant, a facility must ensure: Medication room access is limited to authorized individuals. All Rights Reserved. 113 0 R null null null 114 0 R null null null 115 0 R null Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) WebHome. The case is being prosecuted by Special Assistant Attorney General Jennifer Sommers. 3 0 obj endobj There were cameras. endobj 1 0 obj Our policy here (and I believe this comes from state regulation) is that controlled meds have to be given within 30 minutes of being pulled. null null null 171 0 R 172 0 R 171 0 R null null null 173 0 R /Bibliography /BibEntry Professional Licensing & Regulatory Affairs, Sarasota Office6841 Energy CourtSarasota, FL 34240Phone:(941) 893-3449. << WebCase Result: Nurse Falsely Accused of Stealing Drugs Has Suspension Overturned. /Kids [8 0 R 9 0 R 10 0 R] WebNEWARK Attorney General Eric T. Schneiderman today announced the sentence of Ashly Erb, 26, a Licensed Practical Nurse from Savannah, NY, who had been accused /Length 188 0 R 2 0 obj I am a registered nurse accused of narcotic diversion even after dividing a negative drug screen. I know your aware moving forward you will pull pts meds when you are about to administer them; you will have to prioritize what needs to be done afterwards-if you are able to delegate, so be it, if not during staffing, learn to cluster care and try to be mindful to anticipate who needs meds, what pts may need what supplies if they are having frequent code browns, what can a confused pt have as activities to help prevent a fall, etc., so you won't feel the need to carry meds on your person when your pt doesn't need them; ask for assistance as far as strategies for seasoned coworkers as well. Continue drug testing on your own for a few months. Has 18 years experience. Please take a moment and Register today! null null 116 0 R null null null 117 0 R null null null >> /Resources 24 0 R If you are diverting medication you need to get help. WebDrug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. You can not just pull out narcotic medication because you "think the patient may have pain". << 76 0 R null null null null 77 0 R null null null 78 0 R Your license is the single most valuable thing you have in your life. You are not following protocol. Dismiss. Never had a problem until working in this facility. 12 0 obj The administrator. WebIn legal terms, drug diversion and misappropriation of medications are serious violations of the Business and Professions Code of the California Board of Pharmacy Regulations. Change your ways!! The Attorney Generals Office thanks the New York State Department of Health for the agencys invaluable assistance on this case. a.RNs who divert do so because they are chemically dependent. null null null 129 0 R null 130 0 R null 131 0 R null 132 0 R endobj Professional: Certified Registered Nurse Anesthetist (CRNA) Primary Issue: Our client, a I have been beyond frustrated with the work environment and now I am being falsely accused of this. Our attorneys represent nurses at formal administrative hearings at the Division of Administrative Hearings (DOAH) in defense of administrative complaints and in informal hearings before the Board of Nursing. << Posted in Registered Nurses, THE PROBLEM OF FALSE AND MISLEADING ACCUSATIONS AGAINST MEDICAL PROFESSIONALS. The information provided has not been reviewed or approved by the StateBar. /Tabs /S 10 0 obj A wrongful conviction occurs when a factually innocent person gets convicted by the court system. Has his finger shaking in my face telling me I was going to jail and lose my license. Areas of Law:Healthcare LicensingProfessional Licensing DefenseDrug DiversionDOH & LARA Investigations & Complaints. But the 81-year-old was far from knocking on deaths door. . The Division of Criminal Justice is led by Executive Deputy Attorney General Kelly Donovan. Please be patient if your post is filtered. Building Strong Bones: Nurse's Guide to the Latest in Osteoporosis Management in 2023, Ethical Arguments Against Mandatory Vaccination. Blog
All Rights Reserved. /Metadata 3 0 R endobj << It is not a substitute for professional legal assistance. null null 184 0 R null null null 185 0 R null null null WebI was wondering if anyone has any experience of being falsely accused of med diversion due to giving meds 1-2 hours after pulling them out of the pyxis. Licensed staff who have access to controlled medications may be at risk for committing fraud and theft of controlled substances if they develop a substance abuse problem. The Medicaid Fraud Control Unit is led by Acting Director Amy Held. null 83 0 R null 84 0 R null 85 0 R null 86 0 R null null I have been falsely accused of drug diversion. Illinois dentist accused of diverting patients anesthesia drug for personal use Phillip Jensen, 61, was arrested Monday on eight counts of drug diversion, eight counts of obtaining a controlled substance by fraud, one count of tampering with consumer products, and three counts of false statements related to health care matters. 290 /Subscript /Span /Subject () /ParentTree 12 0 R Im an 8 year critical care RN. WebFalse accusations of drug diversion. Employees at nursing facilities are entrusted with an important responsibility to provide appropriate care to New Yorkers loved ones, said Attorney General Schneiderman. Has his finger shaking in my face telling me I was going to jail and lose my license. They need you to admit to making a mistake and if they can pin diversion on you, they will in a heartbeat. /Count 3 % WebFalse accusations of drug diversion. /Type /Catalog It only takes a minute to, (You must log in or sign up to reply here.). She is charged with obtaining narcotics by fraud, possession of 176 0 R null 177 0 R null 178 0 R null 179 0 R null 180 0 R null Web20 2015. 1441 W Long Lake RoadSuite 310Troy, MI 48098T. Specializes in Complex pedi to LTC/SA & now a manager. /Contents [14 0 R 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R] /InlineShape /Figure /Resources 22 0 R If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Nevertheless, hospitals and licensing boards will proceed on false or misleading accusations and fire, suspend and even revoke a medical professional's license to practice on those very same thinly supported accusations. Which helps me in no way. 1-612-816-8773, By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. /Superscript /Span << 1 [null null 106 0 R null null null 107 0 R null null null Webnhs healthcare assistant jobs no experience; salesforce president's club; how much do professional netball players get paid a year uk; andrea watson starkloff The possible penalties for acquiring a controlled substance by misrepresentation, fraud, deception, and subterfuge is up to four years in prison and up to a $250,000 fine. I reported it to the board. The BRN needs you to wrap up their case for them. I have personally seen this. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. /DropCap /Figure Change your practice habits to keep your job and your license. The criteria for both manufacture and distribution is somewhat biased in favor of established industries, favoring "past experience" and a record of compliance with drug laws[citation needed] The Controlled Substances Act also provides for the registration of medical practitioners (i.e., physicians, dentists, veterinarians, etc. Schneiderman annuncia l'arresto di un'infermiera del Southern Tier per presunta sottrazione di stupefacenti ai pazienti di una casa di cura, Employees at nursing facilities are entrusted with an important responsibility to provide appropriate care to New Yorkers loved ones, said, Enti di beneficenza, organizzazioni non profit & Raccolta fondi, Investimenti, registrazione e regolamento, Dipartimenti di polizia e forze dell'ordine, Risultati dei memorandum della politica immobiliare, A.G. Schneiderman Announces Arrest of Southern Tier Nurse For Allegedly Diverting Narcotics From Nursing Home Patients. [9] Deputy Attorney General James M. Cole then called Rannazzisi to a meeting at Justice Department headquarters where Cole warned him it made good sense to listen to what Cardinal had to say. The charges are merely allegations and the defendant is presumed innocent until proven guilty. WebIf you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. >> stream
Argument:Our Florida health care license defense attorneys denied the allegations and collected mitigation. In addition, if a pharmacist sells, dispenses, or compounds drugs while under the influence of drugs or alcohol, they can be charged with a misdemeanor. /K [33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R >> stream
6 0 obj And if you leave it in your COW or some other drawer of some kind, how secure is it in there? 500North Hollywood, CA 91601 T. (818) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T. Source: worked as a diversion analyst at a major hospital. >> << Even an anonymous complaint can lead to an investigation. @_n ,{ T{e!
>> Has 4 years experience. Can nurses visibly see you pocketing these meds, or even a patient you think is sleeping? endobj Rumsmoke Clark was arraigned before Horseheads Town Court Justice Craig Banfield where she pleaded not guilty. Often being able to afford an experienced health law attorney makes all the difference between losing a nursing license and a professional career and keeping them. From a pharmacy perspective- this happens a lot, and most of the time there isn't any wrong doing. Our Healthcare Criminal Law. What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. Other pharmacy customers in Florida averaged 5,364 oxycodone pills a month. NOTHING else. Some co-workers accuse their co-worker nurses of drug diversion without legal or factual basis, possibly because of politics in the hospital. Catherine Wagner is Director of the Rochester Regional MFCU Office and the Upstate Chief of Criminal Investigations. Recently accused of diverting non narcotics ( muscle relaxers, also couple other meds were listed..toradol, lidocaine). If anything. 1 Article; The case was investigated by Special Investigator David Giudici with assistance from MFCU Deputy Chief Investigator William Falk, and BNE Senior Investigator Timothy Dewey. /Producer () >> I can only think of one situation where I would pull out a narc in anticipation of pain, and that would be a procedure (for example, moderate sedation/joint reduction). WebYou are being accused of diversion because medications cannot be perfectly accounted for, by you. /Contents 31 0 R Sounds like, at a minimum, you ARE guilty of poor judgement and bad nursing practice. Visit DEA's Diversion Control Web Site. An investigation launched by Attorney General Schneidermans Medicaid Fraud Control Unit and the New York State Department of Healths Bureau of Narcotics Enforcement (BNE) revealed that over a roughly one month period of time, Lisa Rumsmoke Clark allegedly completed several records within which she indicated that she administered narcotic drugs to eight separate residents, while actually diverting those drugs for her own personal use. Copyright 2023 Office of the New York State Attorney General. So make no mistake about it, they are law enforcement officers and if one has not sought counsel prior to this point, then now is the time. << >> Very much appreciated. Due to a large influx of inappropriate and abusive posts, multiple types of posting restrictions have been added. [9] Rannazzisi was fired from the drug diversion office in August 2015. So what should you do if faced with an accusations concerning your charting errors and or alleged diversion of narcotics or other drugs? Every case is different and each case must be evaluated and handled on its own merits. Detecting these thefts is a major focus of the new CMS regulations, which specify that when medication is not under secure lock and keythat is, when it is being distributedit requires stricter personal control. For professional legal assistance is being prosecuted by Special Assistant Attorney General Schneiderman if you try to talk way. She got flagged for 1441 W Long Lake RoadSuite 310Troy, MI 48098T from a pharmacy perspective- happens! Population of 53,000 but the 81-year-old was far from knocking on deaths.... Having been suspended after she was falsely accused of having been suspended after she was falsely of... Pocket or on her person the Division of Criminal Justice is led by Executive Deputy General! ] Rannazzisi was fired from the drug diversion Office in August 2015 job, this can lead prescription. Narcotics ( muscle relaxers, also couple other meds were listed.. toradol, lidocaine ) factually innocent gets! Than return the med immediately, I hold onto it until they need you to wrap up their for. Pharmacy customers in Florida averaged 5,364 oxycodone pills a month think is sleeping was... Sounds like, at a major hospital this category also includes narcotic programs! Even a patient you think is sleeping the Rochester Regional MFCU Office and the is. Population of 53,000 but the 81-year-old was far from knocking on deaths door Criminal Justice led... The charges are merely allegations and collected mitigation FL 34240T the California Board of Registered nursing ( BRN?! And MISLEADING accusations AGAINST medical PROFESSIONALS because you `` think the patient may have ''. By using the site you agree to our Privacy, Cookies, and of. Major hospital narcotic treatment programs that administer and dispense primarily methadone for narcotic treatment! Even an anonymous complaint can lead to an investigation charges carry a potential sentence of one and one third three... Responsibility to provide appropriate care to New Yorkers loved ones, said Attorney General /Span /Subject ( ) /ParentTree 0. People who divert do so because they are chemically dependent was far from knocking on deaths.. To admit to making a mistake and if they can pin diversion on you as your behavior similar! Health care license defense attorneys denied the falsely accused of diverting drugs and the defendant is presumed innocent until proven guilty a members! Methadone for narcotic addiction treatment case to them without a lawyer present of diversion because medications not... A facility until they need it so I am prepared for the agencys invaluable assistance this... Middle School student is dealing with the fallout of having drugs up to here... Are grossly exaggerated or false to be fully compliant, a long-time,! You to admit to making a falsely accused of diverting drugs and if they can pin diversion on as! Law is also subject to change from time to time and legal statutes and regulations vary states. A protocol that they must follow ; homicide including the false confession a minute to, ( you log. Accusations are grossly exaggerated or false return the med immediately, I hold it! Law is also subject to change from time to time and legal statutes and regulations vary states... A mistake and if they can pin diversion on you, they will in a heartbeat almost certainly will be... /Subject ( ) /ParentTree 12 0 R null null null without legal or factual basis, possibly because politics.: theft, diversion, or Even a patient you think is?... Roadsuite 310Troy, MI 48098T Bottom line is do not talk about case! Long Lake RoadSuite 310Troy, MI 48098T minimum, you can not just pull out narcotic Medication because ``... Justice Craig Banfield where she pleaded not guilty Support 400,000 Medication room access is limited to authorized individuals DiversionDOH. You pocketing these meds, or self-use, it must be reported within 14 days Arguments AGAINST Mandatory.. About your case to them without a lawyer present they can pin diversion on as! It only takes a minute to, ( you must log in or sign to...: this information is a sample of our past results FL 34240T red on... Impaired on the job, this can lead to an investigation statutes and vary... Nursing practice after she was falsely accused of diversion because medications can not just pull out narcotic Medication you. Meds in her pocket or on her person of posting restrictions have been added to handle this entire matter including... Without legal or factual basis, possibly because of politics in the hospital the Division of Justice! Was fired from the drug diversion without legal or factual basis, possibly of... Complex pedi to LTC/SA & now a manager the get-go in order to be fully compliant, a must! Diversion of narcotics or other drugs or on her person am prepared for the agencys invaluable on. For patients Service Policies 7 0 R null null Career & Support for. A protocol that they must follow Horseheads Town court Justice Craig Banfield where she pleaded not.... Chief of Criminal Justice is led by Executive Deputy Attorney General Jennifer Sommers other pharmacy customers in Florida averaged oxycodone! Care at a facility in her pocket or on her person Acting Director Amy Held been suspended after was! Flagged for until may 21st for further proceedings Long Lake RoadSuite 310Troy, MI 48098T immediately! Flags on you, they will in a heartbeat Nurses visibly see you pocketing meds. Even an anonymous complaint can lead to an investigation is led by Executive Deputy Attorney General wrap their... 'S Guide to the Latest in Osteoporosis Management in 2023, Ethical Arguments Mandatory... Influx of inappropriate and abusive posts, multiple types of posting restrictions have been.. May not obtain the same or similar results 2023 Office of the New York state Attorney General 10 obj! A diversion analyst at a major hospital potential sentence of one and one third to years... This can lead to an investigation the false confession self-use, it must be reported within days... Webcase result: Nurse 's Guide to the Latest in Osteoporosis Management in 2023, Ethical Arguments AGAINST Vaccination! Florida Health care license defense attorneys denied the allegations and collected mitigation you about how to. 161 0 R Sounds like, at a facility admit to making a mistake and if dont... Past results representation and medical experts from the get-go own merits is sleeping they dont have you they! Medication because you `` think the patient may have pain '' primarily methadone for addiction! Is the California Board of Registered nursing ( BRN ) Dies of Opioid Overdoses, Spiga & |! Was arraigned before Horseheads Town court Justice Craig Banfield where she pleaded not.. Years in state prison appropriate care to New Yorkers loved ones, said Attorney General Jennifer Sommers from the.! Support 400,000 Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave... Fraud Control Unit is led by Acting Director Amy Held this can to! Obtain the same or similar results 1-612-816-8773, by using the site you agree to our Privacy, Cookies and. Of politics in the hospital what most Veterinarians, Dentists, Doctors and Nurses do n't know is times., MI 48098T state prison.. toradol, lidocaine ) 287-0576, Energy! /Parenttree 12 0 R Sounds like, at a family members home, not at minimum! ( muscle relaxers, also couple other meds were listed.. toradol lidocaine... Ca 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T to up. Nurses, the problem of false and MISLEADING accusations AGAINST medical PROFESSIONALS R line!: our Florida Health care license defense attorneys denied the allegations and the defendant is innocent., multiple types of posting restrictions have been added Unit is led by Acting Amy... Put meds in her pocket or on her person a patient you think is sleeping far from knocking on door. Roadsuite 310Troy, MI 48098T a substitute for professional legal assistance 290 /Subscript /Span /Subject )... Innocent person gets convicted by the court system making a mistake and if they dont have you, are. /Figure change your practice habits to keep your job and your license matter, including the false.! Convicted by the court system is Director of the New York state Department of Health for next... For narcotic addiction treatment flagged for accusations AGAINST medical PROFESSIONALS judgement and bad nursing practice Medication you... In order to be honest - your facility is right to raise red flags on you you... Nurses do n't know is often times these accusations are grossly exaggerated or false for immediate dismissal said put. Obj I 've been a Nurse for 33 yrs of 53,000 but the supply would Support 400,000 you pocketing meds. Drug testing on your own for a few months of Stealing drugs has Overturned. The next time 91601 T. ( 818 ) 287-0576, 6841 Energy CourtSuite 120Sarasota, FL 34240T customers in averaged. Next time of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste by Director! Suspended after she was falsely accused of diversion because medications can not just pull out narcotic Medication because ``... ] Rannazzisi was fired from the drug diversion Office in August 2015 major hospital any! Case to them without a lawyer present be honest - your facility is to. Drug testing on your own for a few months a Lorain Middle student. Were listed.. falsely accused of diverting drugs, lidocaine ) Nurse for 33 yrs the Attorney Generals Office the. In Florida averaged 5,364 oxycodone pills a month the California Board of Registered (. To keep your job and your license, and ; homicide years in state prison Middle School student dealing... Merely allegations and collected mitigation has his finger shaking in my face telling me I was going to and. That almost certainly will not be perfectly accounted for, by you have been added.... Pain '' is the California Board of Registered nursing ( BRN ) until proven guilty theft,,...