Tag Archives: theft of drugs

National Prescription Drug Take-Back Day October 26, 2013

Posted on by
Reply

Saturday, October 26, 2013 from 10am-2pm is another National Prescription Drug Take-Back Day. For information on where to take unused and unwanted medications you may call 1-800-882-9539 or go to:
http://www.deadiversion.usdoj.gov/drug_disposal/takeback/

Before the previous take-back day in April 2013, I entered the following post:

I regularly meet with and represent nurses before the Ohio Board of Nursing who are addicted to prescription medications. Some nurses take medications from work, however, many nurses tell me that they take medications from home that have been prescribed to other family members or that they buy them off the street.

There is also a disturbing trend in this country of teenagers and young adults who go to parties and pass around bowls of prescription medications they have obtained from home, which they take in an effort to “get high”.    All too often, prescription drugs are easy to obtain and are easily misused and abused, sometimes leading to devastating consequences.

As nurses, I urge you to support and spread the word of the United States Department of Justice, DEA National Prescription Drug Take Back Day, which is scheduled for Saturday, October 26, 2013.

According to the DEA:

In the five previous Take-Back events, the DEA, in  conjunction with our state, local, and tribal law enforcement partners, has collected and removed from circulation more than 2 million pounds of prescription medications.

The National Prescription Drug Take-Back Day aims to provide a safe, convenient, and responsible means of disposal, while also educating the general public about the potential for abuse of these  medications.”

As always, if you have any questions about this post or about the Ohio Board of Nursing, please feel free to contact any of the attorneys at Collis, Smiles and Collis, LLC at 614-486-3909.

What the Nursing Board really cares about ..addiction, lies and convictions

Posted on by
1

I had the opportunity to speak to a nursing school last week about the role of Ohio Board of Nursing. In preparing for the talk, I knew I would be asked “What is going to get me in trouble with the Nursing Board?”.  I have a pretty good idea of the types of actions that I regularly see investigated by the Board, but I also did a little research and reviewed the last few months’ list of disciplinary actions or proposed actions so I would be ready for this question.

I found, generally, the Nursing Board receives 3000 complaints each year. While the Board investigates all complaints, they only take action against approximately 600 nurses each year.

Half of the nurses disciplined or monitored by the Nursing Board involve cases of nurses who suffer from drug or alcohol abuse or dependency. (see my former post The Alternative Program for Chemically Dependent Nurses)   Many nurses voluntarily seek treatment and then are entitled to participation in the Board’s confidential monitoring program.

But, some nurses find themselves the subject of Board discipline after being found guilty of a DUI, or testing positive on a drug screen through their employer. Last month, the Nursing Board cited several nurses who tested positive at work for illegal street drugs or for medications for which they could not produce a valid prescription (ie. they had been given a prescription drug from a friend or family member)

In addition to actions against nurses who suffer from substance abuse, the Board also takes actions against nurses who have felony convictions and misdemeanors involving moral turpitude.  The Nursing Board recently cited nurses who had been charged with numerous crimes including: child endangering; Medicaid fraud; transporting or possessing a semi-automatic handgun; stealing narcotics; misdemeanor assault; illegal processing of drug documents; theft by deception, just to name a few.

The Board also takes action against nurses who have been disciplined by other state agencies (other state Nursing Boards) and they take actions against nurses for practicing outside of the scope of their license or for failing to disclose to the Board a disciplinary action or conviction from another agency or district (lies).

Most nurses are surprised to learn that the Nursing Board is genuinely concerned about conduct both at work and also outside of work. In addition to discipline related to practice, nurses can be subjected to disciplinary actions for “bad behavior” outside of the work setting. Nurses are routinely the subject of discipline by the Board for DUIs, assault, child abuse, neglect, passing a bad check and other crimes. As professionals, nurses are held to a high standard by the Board while at work and after work.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, please feel free to email me at beth@collislaw.com or call me at 614-486-3909.

Taking medical “waste” for your own personal use is a felony

Posted on by
2

The Ohio Board of Nursing may discipline a nurse for a wide range of violations from falsification on an application, practicing outside of the scope of their license or chemical substance impairment that prevents the nurse from providing safe nursing care, just to name a few.  However, few violations are more egregious than taking medication from a patient or documenting giving a patient a medication that was not given.  Even the most impaired nurse knows that they must always give their patients the medications that are prescribed to them.

However, many nurses “rationalize’ that they can take the medication waste that is not prescribed to a patient which is just going to be discarded. This is also faulty thinking. Anytime you take medications from a nursing home, hospital or patient, you are committing a crime and could be charged with a felony.  When medical facilities learn that medications are missing, usually the hospital pharmacist or hospital security are called in to conduct an investigation. Nurses can be asked to provide a urine drug screen and if the nurse tests positive for any prescription medication for which they do not have a valid prescription or an illegal street drug,  the results of the drug test are usually turned over to the local prosecutor and/or the Nursing Board. The police can charge the nurse with a variety of felonies including, theft of drugs, deception to obtain illegal drugs, or illegal processing of drug documents.

Some impaired nurses also use their knowledge on prescribing to call in an illegal prescription to a pharmacy. Pharmacists have been trained to keep an eye out for suspicious activities and will often call the “prescribing” physician to verify the prescription. Then, upon finding any irregularities in the prescription, the police will be called to arrest the nurse when she (or he) arrives at the pharmacy to pick up the medication.

Taking medical waste, documenting that you gave a patient a medication when you actually took it yourself or calling in a prescription to a pharmacy for your own personal use, can all lead to being charged with a felony in Ohio and suspension or revocation of your Ohio nursing license.

If you believe you are impaired, you should seek medical treatment immediately. For nurses who voluntarily seek treatment, you might also be eligible for the Ohio Board of Nursing Alternative Program for Impaired Nurses. http://66.161.141.164/oac/4723-6

As always, if you have any questions about this post or questions about the Ohio Board of Nursing in general, feel free to email me at Beth@collislaw.com or call me at 614-486-3909.