Accusations of drug diversion have become increasingly common for nurses in Florida, who then face potential loss of employment, action against their nursing licenses, and possibly even criminal charges. If you have been accused of diverting drugs from a Pyxis or other automated medication dispensing system, it is important to get help from an experienced Florida nursing license defense attorney as soon as possible.
Attorney Jonathan Rose has helped numerous nurses and other healthcare professionals defend their licenses, and he will leverage his knowledge of healthcare law and successful defense experience to protect your rights and your future. The sooner you get qualified legal representation, the better your chances are for resolving the drug diversion allegations in your favor, so don’t hesitate to contact an attorney who knows how to defend you successfully in this situation.
Accusations of Drug Diversion
When a drug is pulled but does not reach its charted location or patient, nurses are often the ones accused of drug diversion. Co-workers, managers, and/or patients may make the accusation, and the employer must then respond. Frequently these accusations, as well as the assumption of substance abuse that usually accompanies them, are unfounded. In these situations, the accused nurses should be prepared to defend themselves vigorously rather than responding out of fear of losing their licenses.
Attorney Jonathan Rose knows there are different reasons why a pulled drug doesn’t reach its charted destination and that IPN is not always called for. He also knows that if he can intervene early in your case, he may be able to resolve the situation with your employer without any Board involvement and prevent an investigation from progressing to the Department of Health for possible disciplinary action against your license.
Florida Department of Health Investigations
If drug diversion allegations are reported to the Department of Health, the Department will begin an investigation, and you will be notified that your license is under investigation for alleged violations of the Florida Nurse Practice Act. You will also be told you to provide a copy of your curriculum vitae and a response to the allegation.
The investigation can proceed very quickly to the hearing stage, where action can be taken against your license, so it is very important to have an experienced Florida nursing license defense attorney working with you. By responding persuasively to investigators on your behalf, attorney Jonathon Rose may be able to get the drug diversion allegations dismissed before a hearing occurs. In addition, filing your own response to a Florida Department of Health drug diversion investigation can be very risky, since any statements you make can be used against you by the Department of Health’s prosecuting attorneys during a hearing and subsequently used against you in criminal court.
Defending Nurses against Drug Diversion Allegations at Board and Administrative Hearings
If drug diversion allegations are not dismissed during the investigation phase, the investigator’s findings are sent to the Florida Department of Health to determine if a formal complaint will be issued. At this point, a skilled license defense attorney may be able to improve your chances of dismissal or another favorable outcome by presenting the Department with a strong case before a formal complaint is filed.
If a formal complaint is filed, you need an experienced license defense attorney to fight for your nursing license, career, and future. At this point, your case becomes public and is heard by an administrative law judge at the Division of Administrative Hearings. If you don’t have a skilled, knowledgeable attorney representing you, you could be subject to career-altering license discipline, including the possible suspension or revocation of your license.
Hopefully, your drug diversion allegations will be resolved, and criminal charges will not be filed. However, if you do face criminal charges, you must have a Florida defense attorney who is experienced in health care law, nursing license defense, and both state and federal criminal law fighting for you. Jonathan Rose has the experience, skill and knowledge you need.
Get the Legal Help You Need to Defend Your Florida Nursing License and Future
If you’re accused of drug diversion, you need a qualified, skilled healthcare defense attorney protecting your rights and defending your nursing license at every step of the process.
For experienced, successful defense, contact Jonathan Rose at 407-894-4555 or submit the “Tell Us What Happened” form on our website. He will put his years of experience defending nurses to work fighting aggressively to protect your reputation, assets, and career.