Should diverting nurses be prosecuted?

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Specializes in ER.

https://www.wrtv.com/news/wrtv-investigates/nurse-facing-charges-for-diverting-patient-medications-has-a-history-of-fraud

I read this article, it seems like a run of the mill diversion case to me. I've known nurses who have been caught diverting and nobody got prosecuted. 

There's a section in the article where the daughter of one of the nursing home residents was so shocked that her mother might have gotten cheated out of a 0.5 mg clonazepam pill. I thought her comments were pretty dramatic. It doesn't sound like anybody got hurt, but maybe got cheated out of their pain medicines. Nothing like the case in Tennessee.

On the other hand, the whole system for dealing with diverting nurses seems disorganized and unfair. It will take a long time for BONs to get around to even doing an investigation after the nurse is reported. Then, there seems to be a crazy system for rehabilitating them that doesn't differentiate between minor offenses vs stealing from patients. A nurse who took her sister's Vicodin because she sprained her ankle is definitely not on par with someone who repeatedly stole patients meds instead of giving it to them, and used on the job. 

What do you all think?

 

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Specializes in CRNA, Finally retired.

This article is a little suspect.  We don't have enough information to make a judgement.  She went to a 5 days :rehab' program?  Maybe that works for chocolate but not for drugs.   There's no mention of drug testing.  Did the employer get her to an ER for a drug test?  Every state has a dependency program and some are separate from the BON.  The number of suspect nurses is overwhelming for the few state investigators.  BON's do not so the investigations.  What's disorganized about the programs?  Maybe this woman is "retiring' because she found out she's under investigation.  The daughter sounds like a drama queen looking for a lawsuit.

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Specializes in ER.
subee said:

This article is a little suspect.  We don't have enough information to make a judgement.  She went to a 5 days :rehab' program?  Maybe that works for chocolate but not for drugs.   There's no mention of drug testing.  Did the employer get her to an ER for a drug test?  Every state has a dependency program and some are separate from the BON.  The number of suspect nurses is overwhelming for the few state investigators.  BON's do not so the investigations.  What's disorganized about the programs?  Maybe this woman is "retiring' because she found out she's under investigation.  The daughter sounds like a drama queen looking for a lawsuit.

What do you think about the prosecution of drug diverters?

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Specializes in CRNA, Finally retired.
Emergent said:

What do you think about the prosecution of drug diverters?

It's usually out of line and unproductive.  Most BON's offer an alternative to arrest.  I come from the day when nurses were escorted out of the ward by police and helped shape a state alternative program.   

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Should diverting nurses be prosecuted.  Short answer no, that's what EAP's are for.

In response to the article, it is just so sketch.  The director of the nursing home received complaints that staff found the woman 'standing asleep at the medication cart,.. and licking her lips and picking her skin' and so she called the Indiana States Attorney General.  What kind of Director is that!  

Neither party is performing their job duty to the best of their ability.  So many missed opportunities here instead of just wanting to trend on social.

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Specializes in CRNA, Finally retired.
HiddenAngels said:

Should diverting nurses be prosecuted.  Short answer no, that's what EAP's are for.

In response to the article, it is just so sketch.  The director of the nursing home received complaints that staff found the woman 'standing asleep at the medication cart,.. and licking her lips and picking her skin' and so she called the Indiana States Attorney General.  What kind of Director is that!  

Neither party is performing their job duty to the best of their ability.  So many missed opportunities here instead of just wanting to trend on social.

When I was active in helping the alternative program in NY get into the state regs, I sent a notice to every hospital in NY advising them they they could get someone from the program to meet with their department heads to let them learn more about addiction among nurses. Only a single hospital asked for a speaker.  They don't want to hear about it or discuss it among themselves.  Many years later when I was working at 350 bed hospital in NY and spoke with the "VP Director of Patjent Services" offering my services for a nurse ED project in nurse addiction, she told me they didn't have a problem.  The pharmacy department just laughed when I told the manager that.  Narcotic diversion was a regular occurrence foe them but the higher ups weren't  interested in what he had to tell them.  Thus director surely takes the cake for willful ignorance.

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subee said:

When I was active in helping the alternative program in NY get into the state regs, I sent a notice to every hospital in NY advising them they they could get someone from the program to meet with their department heads to let them learn more about addiction among nurses. Only a single hospital asked for a speaker.  They don't want to hear about it or discuss it among themselves.  Many years later when I was working at 350 bed hospital in NY and spoke with the "VP Director of Patjent Services" offering my services for a nurse ED project in nurse addiction, she told me they didn't have a problem.  The pharmacy department just laughed when I told the manager that.  Narcotic diversion was a regular occurrence foe them but the higher ups weren't  interested in what he had to tell them.  Thus director surely takes the cake for willful ignorance.

How could the Healthcare systems not want to get out in front of these types of issues.  I don't foresee anything they would be liable for down the road by engaging in this sort of proactive practice.

and

Of course, the pharmacist laughed, they are the real watchdogs.  They know. 

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Specializes in CRNA, Finally retired.
HiddenAngels said:

How could the Healthcare systems not want to get out in front of these types of issues.  I don't foresee anything they would be liable for down the road by engaging in this sort of proactive practice.

and

Of course, the pharmacist laughed, they are the real watchdogs.  They know. 

I think that avoidance of getting educated about the issue is just denial.  It's really self-sabotage in the making.  Why so few people refuse to make their jobs easier is beyond me and an embarrassment to our profession.. 

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Huge issue, but anyone, nurse or doctor, should get charged with a crime if it can be firmly established that someone else was harmed, ie, gave a beta blocker or something and diverted the narcotic intended for a patient to themselves. Lots of recovery programs in prison. But if not, lend a hand and hope they get better. 

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Specializes in ER.
offlabel said:

Huge issue, but anyone, nurse or doctor, should get charged with a crime if it can be firmly established that someone else was harmed, ie, gave a beta blocker or something and diverted the narcotic intended for a patient to themselves. Lots of recovery programs in prison. But if not, lend a hand and hope they get better. 

Gave a beta blocker?

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Emergent said:

Gave a beta blocker?

 Providers intent on diverting have, as a strategy, given IV beta blockers and recorded giving a narcotic instead and taken the narcotic for their own use. The rationale being that the physiologic pain response, ie, elevated HR and blood pressure would fall and reflect being given something for pain. Pretty dastardly, but the addiction is so strong that rational thought really can break down and stuff like this happens. I suspect anyone could do that and just say the patient has a very low pain threshold or high tolerance to narcotics

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