Understanding Your Legal Rights
Drug diversion in healthcare settings refers to the illegal transfer of controlled substances from medical facilities to individuals for personal use or sale. When nurses, doctors, or other licensed health professionals are falsely accused of diverting drugs, the consequences can be severe and far-reaching. These allegations can devastate a nurse’s career, reputation, and personal life, potentially leading to license suspension, termination, and even criminal charges.
Addressing false accusations promptly is crucial to protect your professional standing and livelihood. Legal representation plays a vital role in navigating the complex process of defending against drug diversion allegations. As an experienced nurse license defense attorney, I can help try to safeguard your rights and guide you through Department of Health investigations.
Immediate Steps for Accused Nurses
When faced with an accusation of diverting prescription drugs by the Department of Health, maintain composure despite any immediate disciplinary action.
First and Foremost: Seek Legal Representation From Lauren A. Leikam, PLLC
If you are a nurse facing allegations of drug diversion, it’s crucial to understand your rights. Contacting an experienced healthcare attorney immediately is paramount. I am experienced in legal counsel for nursing license defense, health law, and healthcare regulations in Florida and can provide invaluable guidance and support throughout the investigation process.
As a former prosecutor for the Florida Department of Health, I’ve seen the challenges nurses face during these investigations. Now, I focus on defending healthcare professionals to help protect your rights and license while navigating the complex legal landscape.
I can assist you with:
- Responding to Florida Department of Health complaints
- Preparing statements and compiling supporting evidence
- Representation during interviews, hearings, and disciplinary proceedings by the Department of Health
Gather Details Related to the Drug Diversion Allegations
Gather any evidence that supports your innocence. Identify potential witnesses who can corroborate your account of events, including anyone present during the alleged incident. You can also try having your employer review surveillance footage if you believe it can prove your innocence. Additionally, you can request to be drug tested (or go through drug testing yourself).
Thoroughly review your workplace policies and procedures related to medication handling and administration. This knowledge will be invaluable during the investigation by the Department of Health and the criminal prosecution process.
It’s essential to avoid discussing the case with co-workers or on social media platforms, as this could potentially complicate your defense.
Florida Board of Nursing Investigation Process
The Florida Board of Nursing plays a pivotal role in investigating drug diversion allegations. These investigations often run parallel to workplace inquiries and can have far-reaching consequences for a nurse’s professional career. The timeline for investigations by regulatory agencies varies but typically involves several stages, including initial complaint review, evidence gathering, and formal hearings.
The licensing Board considers evidence such as medication logs, witness testimonies, and drug test results. Based on its findings, the Board can take various actions, including license suspension or revocation. Given the high stakes for a nurse accused of stealing narcotics, securing the right legal representation from Lauren A. Leikam, PLLC, prior to and during Board proceedings is vital for attempting to protect against criminal charges.
When approached by the Board, nurses should consult with me, Lauren A. Leikam, PLLC, before responding; it’s essential to understand the implications of any statements made during this process. Remember: accused nurses still have rights.
Drug Testing Procedures
Drug testing is a common component of diversion investigations. Tests may include urine, blood, or hair analysis, each offering different detection windows. Immediate testing can be vital in proving a nurse’s innocence, as it provides a timely snapshot of a nurse’s system.
Nurses should be aware of their rights regarding workplace drug testing, including the right to request specific testing methods. Properly documenting all drug screening results is essential for building a solid defense. Keep in mind that challenges may arise with delayed test results, potentially complicating the investigation process.
Protecting Your Nursing License
Safeguarding your professional license during investigations and administrative hearings is paramount. Maintain detailed documentation of all interactions related to the case and adhere strictly to any interim licensing board or practice restrictions.
Timely responses to the Florida Board of Nursing communications are critical. Failing to respond promptly can be interpreted as non-compliance and may negatively impact your case. Work closely with me to ensure all communications are appropriate and strategic.
When faced with the decision of voluntary surrender versus defending your license, carefully weigh the long-term implications of each option. Voluntarily surrendering a license while under investigation, or in lieu of discipline, is considered disciplinary action that gets reported to the National Practitioners Data Bank (NPDB). It can, therefore, trigger discipline in other jurisdictions. Voluntary surrender may seem like an easy way out, but it can have permanent consequences for your future nursing career.
Building a Strong Defense
When facing allegations of drug diversion, collecting robust evidence is crucial for your defense:
- Compile all relevant electronic records and communications, ensuring their preservation for future reference.
- Seek witness statements from colleagues who can vouch for your character and work ethic.
- Expert testimony can provide invaluable support to your case. We may consider consulting with pharmacologists, toxicologists, or nursing experts who can offer professional insights into medication handling procedures. Their expertise can help refute unfounded accusations and shed light on complex aspects of drug management.
- Document any procedural errors or policy violations by your employer during the investigation process. This information may reveal inconsistencies or biases that could strengthen your defense later on.
- Keep a detailed log of all interactions, including dates, times, and participants involved in the investigation.
- It’s a good idea to get drug tested if you were not already drug tested by your employer.
Preparing for Hearings or Administrative Proceedings
We’ll work together to develop effective strategies for presenting your case, including how to articulate your side of the story clearly and concisely.
Preventing Future Accusations
Proper documentation is crucial for nurses to avoid suspicion in medication management. Always adhere to facility protocols when administering medications, ensuring each step is accurately recorded. When discrepancies arise, address them immediately and transparently with supervisors or colleagues.
Maintain clear communication with your team to prevent misunderstandings about medications. Regular self-audits of your medication practices can help identify areas for improvement and demonstrate your commitment to accuracy.
Protect Your Nursing License: Call Lauren A. Leikam, PLLC, For Legal Counsel Now
Facing false accusations of drug diversion is a challenging ordeal, but it doesn’t have to define your career. Learning from the experience, advocating for change, and focusing on personal growth and patient care can help you regain confidence. Rebuilding professional confidence takes time, but it’s an essential step in moving forward.
If you’ve been accused of diverting drugs as a healthcare professional, I’m here to help. Contact me today to learn more about your rights, Florida’s registered nursing regulations, and how to protect your career. Don’t wait—schedule a free consultation today.
