12 entries categorized "Chemical Dependency & Impairment"

November 19, 2008

Butler County, Ohio Nurse Convicted of Drug Theft and other crimes

http://news.cincinnati.com/article/20081118/NEWS0107/311180044

Here is the cut and paste:

LEBANON – A nurse at The Otterbein Home pleaded guilty today to five drug-related charges.

Roxie Luff, 22, was stealing Hydrocodone and Oxycodone from the retirement facility, 585 N. State Route 741. She would manipulate her patients’ charts to indicate that they had been given the drugs, and then take them for herself, said Warren County Prosecutor Rachel Hutzel.

Tests of her patients revealed that they had not received the drugs that their charts indicated, Hutzel said.

Luff pleaded guilty to three counts of theft of drugs, one count of aggravated possession of drugs, and one count of illegal processing of a drug document, or altering the patient’s charts.

Her sentencing has been scheduled for Jan. 6 in Warren County Common Pleas Court.

November 18, 2008

Ohio Guidelines for Managers Working With Impaired Nurses

See this Guideline published by the Ohio Nurses Association.

The Guideline notes that most nurses are not familiar with their legal rights and nursing managers should inform impaired nurse of their rights including their right to self-incriminate. Really?

This is true however what I typically see are nurse managers, HR, and security working in conjunction with law enforcement like a tag team of good cop bad copy "to close a case" and illicit a confession from a nurse who is impaired or dependent.

Why? Once you say, yes I have been for example, diverting drugs, you feel better because you are owning up to your disease and this is the first step in treatment. But guess what? Here comes the criminal, employment, licensure, and regulatory knocks and blows.

http://www.ohnurses.org/Content/NavigationMenu/Resources/PeerAssistanceGuidelinesforManagersofImpairedNurses/Impaired_Nurses.pdf

November 13, 2008

DUI Seminar and Chem Dep.

I am attending a full-day DUI seminar at Cincinnati, Ohio today. This is my first criminal law full day seminar and it won't be my last. 

As a licensure defense attorney, I am getting more and more involved in the criminal aspects of the law when a nurse is charged or convicted of crime.  

I am seeing more and more DUI cases in my law practice where a nurse has been charged with a DUI, pled a DUI down to reckless operation, or convicted of a DUI.

I know alot of my posts are centered on chem dep here lately. Its because of alot of the legal consultations I am providing to prospective clients involve chem dep and DUI or allegations of drug theft or narc discrepancies in either Ohio, Kentucky, and Indiana.

I am also attending a second full day seminar the day before Thanksgiving here in Cincinnati on DUI and the changes to Ohio law. There is a seminar in Indianapolis on traffic law next month but I don't think I will attend. I usually register for a conference in Indy and don't attend. It has to be a hell of conference for me to drive to Indy.

Its the same distance give or take a few miles to drive to Louisville, Lexington, Columbus, Ohio, or Indianapolis. Maybe its because I can't drive as fast going to Indy because of the police cars on the road.

Actually, I almost hit a deer driving from Chicago back to Cincinnati (you drive through Indianapolis) and it scared me. That's it. So if I have a 8am seminar in Indianapolis, then I have to leave Cinti around 5:45am and its dark and usually deer time on the expressways.

I can drive to Columbus, Louisville, and Lexington with my eyes closed but I don't get to Indianapolis as much. I am usually in Columbus at least 2-3 times a month or in Louisville at least once a month.

November 12, 2008

Conviction or Rehabilitation for Ohio Chemically Dependent Nurses

See this article written by the editors of a Cleveland newspaper on this topic.

http://blog.cleveland.com/pdopinion/2008/10/rehabilitation_or_conviction_f.html

Will this end up in the Supreme Court? Let's hope so.

I am not sure if this increased attention to chemically dependent or impaired nurses in Ohio will help or hurt nurses as far as the criminal, licensure, employment, and regulatory aspects.

It remains to be seen.

Here is the cut and paste:

Rehabilitation or conviction for addicted nurses?

Posted by The editors October 13, 2008 10:56AM

Categories: Editorial

How should the courts treat a nurse who stole morphine from Summa Health Center in Akron to get high?

Should the first-time offender get treatment in lieu of conviction and an opportunity to return to her profession without a blot on her record?

Or should she get a scarlet letter -- a felony on her record -- because her crime abused a position of trust?

There is no obvious answer, because the Ohio appeals courts have issued differing rulings. That's why this issue belongs in the Ohio Supreme Court.

Summit County Prosecutor Sherri Bevan Walsh is appealing nurse Sally Massien's treatment in lieu of conviction sentence to the 9th Ohio District Court of Appeals -- and Walsh doesn't want it to end there. She hopes the case will be taken up by the Ohio Supreme Court. That's a good place for it.

Walsh argues that the law excludes nurses because they hold a position of trust at their medical facilities. She supports treatment, but firmly believes that a felony should be on an addicted nurse's record.

That sounds like a valid point, from the view of someone in a hospital bed whose pain-killers are in use by his nurse.

But an argument can be made that nurses who are first-time offenders have long qualified for the program in many counties and should continue to do so. They have an excellent recovery track record, because they have too much to lose if they become addicts again, experts say.

So there are good arguments on both sides. With such different opinions across the state, the diagnosis of this difficult case must come from the Ohio Supreme Court.

November 11, 2008

Cuyahoga County (Cleveland, Ohio) Nurses Beware and Be Afraid! You Could Be Next

What the frack is going on in some Northern Ohio counties?

There was a time when the Cuyahoga County prosecutors would not bite at these types of cases for whatever reason. 10 indictments is making a statement. What is the statement?

Maybe its an election year. Maybe its part of protecting the public from those in positions of trust. Maybe its nurses gone wild. Maybe its simply a result of how widespread chemical dependency is in nursing and healthcare in general. Maybe its the war on drugs. Maybe its just plain and good old fashion s*&! on nurses year in some northern Ohio counties in 2008. See my previous posts under the Chemical Dependency category.  

Nurses this underscores the importance of managing risk and seeking assistance before its too late if you have a chemical dependency issue.

This blog is viewed by nurses from all over the country. Please be advised that not all states deal with dependency issues and drug diversion in the same manner. In some states you will be prosecuted to the fullest extent of the law (and some) and dipped in hot wax not only in a felony criminal court case but also before a State Nursing Board. Talk to a licensure defense attorney in your state or jurisdiction ASAP. Contact your state nurses association for an attorney referral or see www.taana.org.

See this article from the Summer of 2008 http://blog.cleveland.com/metro/2008/07/cuyahoga_county_prosecutors_in.html

Here is the cut and paste:

Cuyahoga County prosecutors indict 10 nurses for drug abuse

Posted by Leila Atassi July 23, 2008 19:06PM


Ten nurses working at hospitals and health care facilities throughout Cuyahoga County were indicted Tuesday for stealing prescription drugs from their employers for personal use.

Many of the nurses helped themselves to high-potency painkillers, such as Vicodin and Demoral, from drug dispensing machines at their respective facilities, prosecutors say. But in other cases, the nurses stole the pills that were on their way to patients in pain.

The nurses worked at MetroHealth Medical Center, Bedford Community Hospital, the Northeast Ohio Pre-Release Center, HCR Manor Care Cleveland and several facilities affiliated with the Cleveland Clinic, including the Cleveland Clinic Dialysis Center, Hillcrest Hospital, Lutheran Hospital, South Pointe Hospital, Lakewood Hospital and the Cleveland Clinic Surgical Care Unit.

Some of the nurses were caught when supervisors confronted them for being impaired at work, said Ryan Miday, spokesman for Cuyahoga County Prosecutor Bill Mason.

Seven of the nurses are first time offenders and cooperated with investigators, which makes them eligible for diversion programs in lieu of conviction through the county and the Ohio Nursing Board, Miday said. The programs have high success rates, he said. And in many cases, participants could have their nursing licenses restored.

The 10 cases were investigated by different police agencies; prosecutors chose to indict them all this summer.

Law enforcement pays special attention to health care workers because of their access to a ready supply of addictive drugs.

Prosecutors, working with Parma Heights police, on Tuesday also indicted a medical receptionist and an accomplice on 54 counts of drug trafficking and possession of drugs for running what prosecutors say was a prescription drug racket based out of the office of two unsuspecting doctors.

Prosecutors say Sarah Hughs, 25, of Cleveland, abused her job as a receptionist at Westside Medicine and Cardiology in Middleburg Heights to write prescriptions -- in the names of more than a dozen aliases -- for powerful painkillers, including Oxycontin, Percocet and Hydrocodone.

Jenny O'Grady, 34, of Parma Heights, would then take the prescriptions to be filled, prosecutors said, at pharmacies in Brooklyn, Brook Park, Brunswick, Medina, Cleveland, Middleburg Heights, North Royalton, Parma and Strongsville.

If pharmacists called the doctors' office with questions, Hughs made sure she was there to field them, investigators said.

The two women set up shop in O'Grady's Parma Heights apartment, where investigators believe they made more than $25,000 selling the drugs.

Parma Heights police detectives caught wind of the operation when they received a tip, said Captain Garry Lauter. The detectives staked out O'Grady's apartment in mid-December and followed her to Hughs' home. The women were arrested later that day, when they tried to submit a fake prescription at the Rite Aid pharmacy on Broadview Road in Cleveland.

Six counts of the indictment are for peddling super bulk amounts -- drugs either 100 times the strength or 100 times the quantity of a standard prescription. The charge carries a mandatory 10-year prison sentence. If convicted on all 54 counts, Hughs and O'Grady could be sentenced to as many as 287 years in prison

October 29, 2008

Drug Theft in the Workplace by Nurses and Other Healthcare Professionals

http://www.cleveland.com/medical/index.ssf/2008/09/prescription_drug_abuse_vexes.html

Prescription drug abuse vexes the medical profession

by Harlan Spector/The Plain Dealer
Tuesday September 16, 2008, 8:50 PM

By the numbers

Ohio Board of Nursing
Registered nurses (2007): 158,295
Licensed practical nurses: 48,241
Drug and alcohol complaints (2007): 706 *
Drug and alcohol complaints (2002): 400

Ohio Medical Board
Licensed doctors: 40,297
Total disciplinary actions (2007): 175
Number due to alcohol/drug impairment (No. 1 cause): 70

*Board says increase reflects more nursing licenses issued and stricter mandatory reporting law.

At 6:20 in the morning, 40 minutes before her shift started, the nurse was seen in street clothes walking out of a medication room at Hillcrest Hospital.

A suspicious co-worker alerted a manager, which led to an investigation into whether the nurse was dipping into narcotic pain medications. An audit of an automated pill-dispensing machine found that the nurse had entered a patient's name to get two tablets of the painkiller Vicodin for herself. She was confronted and admitted she had stolen Vicodin twice before, according to prosecutors.

The nurse illustrates a common crime in healthcare facilities, and the addictions among professionals who work there. Drug and alcohol problems are a leading cause of disciplinary action by state nursing and medical boards.

Some say prescription drug abuse is on the rise among health-care professionals. Others say the numbers have not changed much, but that drugs of choice are more powerful, and addicted professionals often go to greater lengths to get them.

"About 50 percent of what we do is related to some kind of drug or alcohol abuse," said Lisa Ferguson-Ramos, compliance manager for the Ohio Board of Nursing. Nurses have returned to work to take drugs after they were placed on leave or fired, she said; one nurse dressed in disguise and sneaked into a facility to steal pain patches off patients.

In July, the Hillcrest nurse and nine others were indicted in Cuyahoga County for stealing prescription drugs from their employers for personal use.

The 10 cases are unrelated. The nurses worked all over town, mostly at hospitals except two who worked in a nursing home and correctional facility.

Cuyahoga County indicts 40 to 70 nurses a year for felony drug thefts. The addictions often follow legitimate prescription use for injuries or surgeries, according to prosecutors.

The electronic dispensers -- sort of like ATMs for Percocet, Oxycontin and other painkillers -- have made thefts far easier to detect and prosecute. Some machines require that users swipe a card and enter a password to get in, others use fingerprint identification. The technology tracks drug orders, inventory and withdrawals.

Most of the nurses indicted in July were caught through an audit of the machines.

As long as nurses aren't dealing drugs or depriving patients of pain medication, first-timers are offered treatment in lieu of conviction. Most return to work in a year or two with restrictions and mandatory drug screens. Rare is the repeat offender, the prosecutor's office says.

Lawyers for several of the indicted nurses declined to comment.

Among health professionals, nurses are most often snared in Cuyahoga.

But Dr. Ted Parran, an addiction specialist at Case Western Reserve University who consults with the Ohio Medical Board, says doctors, nurses and pharmacists have similar rates of drug and alcohol addictions as the general public.

"About 10 percent will develop a drug or alcohol problem over a lifetime," Parran said.

Prescription drugs have been the favored choice among addicted health professionals, he said. Ten years ago, Case researchers surveyed doctors in four states who were treated for addiction and in recovery. "We were astounded that three-fourths used controlled (narcotic) drugs as part of their addictive behavior," Parran said. "Most of them admitted they got the controlled substances not through legitimate venues."

Prescription drug abuse is increasing in general, but "doctors, nurses, pharmacists and dentists have always had access," he said.

D. Christopher Hart, 54, lost his Ohio pharmacy license in December 2004, after being caught a second time taking Vicodin from pharmacies where he worked. The first time, in the early '90s, his license was suspended. He went through treatment and five years of drug testing and AA meetings.

The second time, his license was revoked.

He had been stealing about 15 pills a day, which he said made him feel euphoric, "like a superpharmacist." He thought he could manage it because he was the drug expert. "Then the disease kicks in, and you have no control," he said.

Today, Hart lectures on the perils of addiction as an instructor at three Ohio pharmacy schools. He started the class at Ohio Northern University in 2005 with 10 students. Now the class is regularly filled. This fall he added teaching duties at the Northeastern Ohio Universities College of Medicine and Pharmacy in Portage County.

"Somebody in recovery needs to teach this course," Hart said. "Students want to hear this kind of stuff. The situation is out there. Let's not stick our heads in the sand."

Parran said 80 to 90 percent of doctors who go through the medical board recovery program attain long-term sobriety. The success rate for other health professionals is not as high because the programs aren't as stringent, he said.

October 28, 2008

Another Blow for Chemically Dependent Nurses in Ohio

Wow, if chemically dependency wasn't enough; dealing with the medical, licensure, personal, financial, and emotional aspects. Read this article.

http://blog.cleveland.com/medical/2008/10/summit_prosecutor_argues_nurse.html

Here is the cut and paste:

Summit prosecutor: Nurses who steal pain-killers should not get treatment in lieu of conviction

Posted by Harlan Spector/The Plain Dealer October 05, 2008 12:14PM

Sherri Bevan Walsh
In a court case that could set precedent, the Summit County prosecutor is arguing that nurses who steal narcotic pain-killers from the workplace should not be able to dodge felony records by entering addiction treatment programs.

Prosecutor Sherri Bevan Walsh's hard line on drug-addicted nurses is contrary to policies in many counties, including Cuyahoga, where prosecutors allow first-time offenders to get treatment in lieu of conviction.

The Summit case involves registered nurse Sally Massien, who was indicted in May on two felony counts of drug theft for stealing morphine from Summa Health System. After a judge granted Massien treatment in lieu of conviction, the prosecutor appealed. Walsh contends Massien, 52, is not eligible for the program under law because she held a position of trust.

"We're not saying she can't get treatment," said Brad Gessner, chief criminal prosecutor. "We're saying this should not be erased from her record." The prosecutor takes the same stance with doctors who break the law to feed addictions, Gessner said.

Massien said in an interview that she entered drug rehabilitation and follows all conditions set by the court. Court records include a report from the Summa employee assistance program that said Massien has been "steadfast in her commitment to recovery." Summa recommended her for treatment in lieu of conviction.

"I've done everything I'm supposed to do, and she [Walsh] is still going forward," said Massien. "Addiction is not nice, but it's a disease."

Drug and alcohol problems are a leading cause of disciplinary action by state nursing and medical boards. Most nurses caught stealing narcotic drugs who complete rehabilitation will return to work in a year or two with restrictions and mandatory drug screens.

Emily Brown, a supervising attorney with the Ohio Board of Nursing, said the licensing board would not view a criminal drug conviction any more harshly than a case dismissed because the nurse completed rehabilitation.

"We look at the underlying facts of the case," Brown said. "We recognize that it varies by jurisdiction."

Most Ohio counties provide for treatment in lieu of conviction, she said. But the prosecutor said in the appeal that other Ohio appeals courts have ruled that nurses who steal drugs are not eligible for the program because of their positions of trust.

Summit County Common Pleas Judge Elinore Marsh Stormer, who started a drug court when she was a municipal judge, said she supported treatment in lieu of conviction.

Health-care professionals, she said, "tended to do well. They were educated and highly motivated because everything was taken from them."

State law allows the treatment option when it's believed that drug addiction led to the crime and that treatment will probably prevent it from happening again.

If Walsh's appeal succeeds, the case could set precedent in the 9th Ohio District Court of Appeals, which encompasses

October 17, 2008

Counselors, Social Workers, and Chemical Dependency Counselors Cannot Provide You With Legal Advice

Okay, I should have posted on this a while ago but here it goes....

Counselors, social workers, chemical dependency evaluators, and other professionals involved in the assessment, diagnosis, treatment, and evaluation of chemical dependency and impairment are not licensed attorneys and should not provide nurses with legal advice and counseling or strategies in how to proceed in a nursing board investigation or licensure matter.

I am never amazed by the number of individuals who want to give "legal advice" but preface it by saying "I am not an attorney but..." But what?

I am speaking with nurses who are being advised and counseled by non-attorneys on how to proceed and what works with a Nursing Board.

This worked with Nurse A and she received....

If you self-report, the Board will do this....

If you hire an attorney now it looks bad to the Board.....

All the nurses who come here have done this and it turned out okay

for them....

If you want legal advice about a Nursing Board investigation or a licensure matter, there are administrative law and licensure defense attorneys throughout your state or jurisdiction, all you have to do is search the internet and/or contact your state nursing association for a referral. Or you can contact The American Association of Nurse Attorneys (TAANA) as it has an attorney referral hotline.

Relying on the legal advice of non-attorneys until things don't go as planned or until you hit a bump in the road or process, isn't smart. If you want legal advice and you want to make informed decisions, talk to a licensure attorney immediately. Otherwise you can't point the finger at anyone except yourself when you make life changing and split second decisions that have vast implications for your livelihood, license, and career based on the advice and counsel of someone is not licensed to practice law in your state and familiar with nursing licensure cases.

August 25, 2008

Chemical Dependency & Impairment and Licensure Defense Attorneys

Tara Mackay is a nurse attorney in Texas and I enjoyed reading her post on Chemical Dependency and Impairment and Licensure Defense. http://nurseattorney.blogspot.com/2008/08/impairment-or-substance-abuse-attorney.

Its unfortunate how nurses with a chemical dependency are regarded by some. Chemical dependency and addiction is a disease however it can spell R-U-I-N for some nurses, depending on the state of licensure. Each State Nursing Board handles chemical dependency and impairment issues differently and you should consult with a licensure defense attorney in your state about your options.

I actually had a nurse client who applied for a state nursing board alternative program in State A only to have her application for licensure denied for immediate consideration. She assumed because she was already admitted into the alternative programs in State B and C that the process and the procedure for admission to a similiar program in State A was the same.

I post alot on chemical dependency on this blog because chemical dependency or impairment depending on the drug of choice may have licensure, criminal, employment, regulatory, and long-term career implications for nurses.

August 06, 2008

Alleged Theft of Narcotics and Hospice Nurse and Previous Criminal Issues

See http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20080530/NEWS32/805300401

Article published Friday, May 30, 2008
Ex-hospice nurse had felony count
Mitchell faced no public discipline by nursing board
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The registered nurse who resigned from Hospice of Northwest Ohio after she was suspected of stealing liquid pain medication has not faced public discipline from the Ohio Board of Nursing in the 17 years she's been licensed, officials said.

Mary Ellen Mitchell, 51, of Maumee, has a valid license through August, 2009, said Lisa Ferguson-Ramos, board of nursing compliance manager.

Mitchell has renewed her license every two years since at least 2003, Ms. Ferguson-Ramos said.

Information about earlier renewals was not available yesterday. She received her license in March, 1991.

Mitchell was convicted in 2001 on a felony charge of theft of drugs, according to Lucas County Common Pleas Court records.

A felony drug conviction is a basis for the nursing board to discipline a nurse, Ms. Ferguson-Ramos said.

That action would be public. No such action is on Mitchell's record, Ms. Ferguson-Ramos said.

But until 2004, a nurse with a felony drug conviction who had a chemical dependency problem could be found eligible for an alternative program. Nurses in the program surrendered their licenses until the nursing board evaluated their recovery and deemed them safe to return to practice.

"In 2001, a nurse, in theory, who had a drug problem might have been eligible to participate in the program," Ms. Ferguson-Ramos said.

That participation would be confidential, she said.

Hospice officials filed a police report Tuesday in which they said they had monitored the nurse and the amount of pain medication she gave to patients from April 1 to May 22 at the hospice facility on South Detroit Avenue.

The medication is an injectable liquid, packaged and premeasured in a vial. Patients receive a prescribed dose, and the medication remaining is to be disposed. Hospice officials have alleged the nurse gave patients the prescribed dosage and kept the rest.

Mitchell has not been criminally charged. Hospice officials are likely to talk further with Toledo police today, said Judy Lang, hospice's director of communications.

Hospice conducts criminal background checks before hiring, but "somehow, for some reason that we honestly cannot explain, [Mitchell's 2001 conviction] slipped through the cracks," Ms. Lang said.

"Now procedures are very different and have been enhanced, and this would never happen again."

Mitchell was hired about 2 1/2 years ago.

"About two years ago, we beefed up our human resources effort," Ms. Lang said, which included hiring a director of human resources with training in the field.

In addition, hospice is reviewing the background of current employees, but Ms. Lang would not say how.

"That is a personnel matter. I'm not comfortable talking any more about our personnel procedures," Ms. Lang said.

Hospice, which has facilities in Perrysburg Township and South Toledo, employs more than 400 people, including about 150 nurses.

"This is the first time this has ever happened, and we feel we have had a very professional, well-managed team," Ms. Lang said.

After Mitchell's 2001 conviction, she was sentenced to three years' probation and ordered to submit random urine samples and continue treatment with the state nursing program. Courts can order such treatment, but admission to the program would be up to the nursing board, Ms. Ferguson-Ramos said.

In 2004, the board decided that those convicted of felony drug offenses are not eligible for the alternative and confidential program. Instead, their licenses are immediately suspended pending final board action.

Contact Mark Zaborney at:
mzaborney@theblade.com
or 419-724-6182.

July 12, 2008

Ohio Case involving a Pharmacist, Office of Inspector General and Intervention in Lieu of Conviction

See this recent case. http://www.hhs.gov/dab/decisions/CR1752.pdf.

In my opinion, the cards are unfairly stacked against licensed healthcare professionals with a chemical dependence who steal drugs.

You are terminated from your employment, you are criminally prosecuted, you have your license suspended, and you may be unable to work for 5 years in any facility receiving federal and state funds for healthcare. The OIG exclusion is expansive.

There is a reason why some licensed healthcare professionals opt to say "Welcome to Walmart" or proceed in another employment direction all together rather than the jump the hoops and do the "song and dance" imposed on licensed healthcare professionals with a chemical dependency.

July 11, 2008

Full Day Seminar on Chemical Dependency in Nursing: Now That's What I am Talking About!

I am planning to attend this conference. Hats off to the Indiana State Nurses Association and its Alternative Program for Chemical Dependency (ISNAP) for its annual conference focused on chemically dependent nurses and recovery.

See http://www.indiananurses.org/events/2008%20ISNAP%20agenda.pdf

Give me a full day conference with meaty topics (although I am a veggie) and I will drive an two hours and pay a hundred dollars with no problem. Where do I send the check?

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