Medication diversion is an issue that impacts hospitals throughout the United States. Drug diversion affects an estimated 10% to 15% of all healthcare workers in the country, with nurses being some of the most impacted by accusations. Because of these high rates, facilities have protocols in place to assist them in recognizing when medication diversion has occurred.

If you are a nurse and are facing a medication diversion accusation, you need assistance from nursing license defense lawyers. Learn more about the red flags that can put you in the crosshairs of an investigation and why an attorney can make a difference in your defense.

Understanding Medication Diversion

Medication diversion refers to any instance when a drug is diverted from its medical and lawful purpose. Diversion investigations mainly focus on issues with controlled substances, like opioids and other painkillers.
Diversion can occur as a result of a staff member developing a substance use disorder or looking to sell the medication, or it can be the result of errors. No matter what the cause of diversion is, the consequences can be severe for patients, healthcare workers, facilities, and insurance companies.

Patients can end up not receiving the medications they need or getting only a diluted amount of a drug. Reduced-dose administration is particularly problematic when it comes to painkillers because patients might go into interventions without the shield from pain that they need. They could also be at risk of developing infections from packages and syringes that have been tampered with.

Healthcare workers accused of medication diversion face the revocation of their licenses, as well as potential criminal charges. Medication diversion impacts hospitals, too, since the facilities will have to foot the bill for investigations and the replacement of the missing drugs.

Medication Diversion Red Flags Hospitals Look For

There are a few key patterns that hospitals watch for that can point to medication diversion. The following are the most common.

Patient-Focused Inconsistencies

When dealing with medication diversion, the drugs most commonly impacted are opioids. Hospitals closely monitor patient pain reports for this reason. If there is a high number of patients who complain of uncontrolled pain, even after receiving drugs, then that is a pattern that hospitals will pay attention to.

There could also be charting discrepancies. If a patient’s chart states that they received opioids or analgesics, but there are no recorded instances of pain or fever, then that could point to medication diversion.

If medications have been pulled for patients who have been discharged or transferred, or if there have been duplicate doses registered, then hospitals will typically launch an investigation.

Documentation and Dispensing Patterns

One dispensing pattern that can stand out is if there have been excessive overrides performed by an individual. They may have claimed there was an emergency when none existed.

Hospitals will also look at healthcare workers who show a disproportionate rate of access to high-value narcotics compared to their peers. If they record a higher rate of wasted narcotics, too, then that is a red flag.
Withdrawal-to-waste issues can also alert hospitals that diversion might be taking place. An individual who pulls doses that are larger than needed will typically be looked at more closely. Batch-wasting at the end of every shift can be a concern, too.

Physical and Behavioral Patterns

Hospitals will watch for individuals who rely on one specific colleague to witness medication administration or disposal. This pattern will usually prompt an investigation.

Behavioral patterns can include schedule anomalies, like consistently arriving early, leaving late, or volunteering for overtime. Frequent and long bathroom breaks can be a concern, as well.

There can also be closer scrutiny of people who display changes in their behavior. If they are more irritable than usual, experience mood swings, or display irrational or aggressive behaviors, then it can point to medication diversion.

The Drug Diversion Investigation

If there are enough red flags, the hospital may begin an investigation aimed at gathering evidence of medication diversion. Once an individual has been pinpointed as the person who has been committing these actions, a formal interview will take place.

If you have been flagged and hospital officials call you to an interview, it’s important to have an attorney by your side who has experience with nursing license defense strategies. You can bring evidence and witness statements to demonstrate that you did not engage in diversion. Your lawyer can help put all of this together.

Once the interview is done and all of the evidence has been assessed, the multidisciplinary team conducting the investigation will decide whether diversion took place and, if so, what the consequences should be.

In some instances, alerting the Drug Enforcement Administration (DEA) will be necessary, along with letting state licensing agencies know of the problem.

With a nursing license defense lawyer, it’s possible to protect your livelihood, however. An attorney will fight to prove that the evidence does not point to medication diversion or that there were system errors that could have caused discrepancies.

In instances when the problem does involve a substance use disorder, having an attorney can mean being able to request to participate in a drug monitoring program. An outcome like this can help you prevent license revocation.

Nursing License Defense: Protecting Your License and Your Career

It is never easy to face an accusation as severe as that of medication diversion. If the hospital begins an investigation against you, you will need to hire an attorney. This is not something that you should ever pursue on your own. There are serious consequences that could impact you for the rest of your life.

At Unlock Legal, our attorneys have years of experience representing medical professionals who have fallen under suspicion of medication diversion. We know the evidence that can make the most significant impact on your case and how to aggressively defend you against these life-altering accusations.

If you’re dealing with an investigation, it’s time to ask for help. Contact Unlock Legal to speak with one of our lawyers about your case.