Nursing Law & Order

DUIs R Us: There Isn't a One Size Fit All Approach for the Implications of a DUI in Nursing

I received at least 6 emails this week from nursing students, NCLEX applicants, and nurses from around the country related to one or more DUI/OVI/DWI convictions and its impact on employment, suitability for initial licensure and renewal, and placement in clinical sites. I always respond to emails because I know there are alot of us out there who need assistance and don't know where to turn.

You should contact the following for assistance:

1. an administrative law attorney in your state or jurisdiction for assistance;

2. a nurse license defense attorney in your state or jurisdiction for assistance; or 

3. contact The American Association of Nurse Attorneys (TAANA) for a referral to the above in your state or jurisdiction.

If you live, practice, or are seeking licensure in Ohio, Kentucky, and Indiana, you can schedule a consultation with my office. I cannot answer your question(s) unless you are a client or unless you schedule a legal consultation. For additional information about legal consultations, see my website at www.nursing-jurisprudence.com and click on consultations.

The cost of a 30 minute telephone consultation is $150.00 and the cost of a 60 minute telephone consultation is $250.00. I also schedule in-person consultations at my office for nurses in the Greater Cincinnati area (my office is really easy to find off I-275 on Reed Hartman Highway) or if I am traveling to area. We can schedule telephone consultation the same day if needed depending on my schedule. On average, I have between 5-15 legal consultations with NCLEX applicants, nursing students, RNs, LPNs, and/or APRNs a month. A legal consultation is a one-time event. http://www.nursing-jurisprudence.com/consultations.html

To pay for a legal consultation, go to website and click on the online payment tab. The payment can be made via debit or credit card and it posts immediately. You will then receive a phone call and/or email from me, my assistant, or my receptionist about scheduling the consultation. http://www.nursing-jurisprudence.com/onlinepayments.html

For additional information about the difference between a legal consulation vs. legal representation, see my website at http://www.nursing-jurisprudence.com/consultations.html.

You have to pay for and schedule a legal consulation with me if you want me to provide with a legal opinion or provide you with legal advice and counseling.

I do not offer pro bono (free) license defense or nursing law services.

Why am I saying this again? I had a nurse contact my office this week at least 8 times in a 2 hour period. She told the receptionist that she was a client and she needed to reach me ASAP and it was a matter of extreme importance and urgency. My assistant returned the call initially and the nurse told my assistant that she would only speak to me. I contacted the nurse and her first response was "thank you for calling me back, I am sorry about lying to your staff about being a client, but I really need to ask you a few questions."

I politely asked the nurse to stop speaking and instructed her to pay for telephone consultation online and I would be happy to answer her questions about the impact of a recent felony conviction on her KY and OH RN license later that evening. The nurse hung up on me.  WTfrack:(

You can contact TAANA at www.taana.org for a referral to an attorney who may offer pro bono services in your state or jurisdiction. You can also contact your local or state bar association for an attorney referral. You can also search the internet to find an attorney in your area who may be able to answer your questions without charging a fee. You can contact your State Nurses Association or Specialty Nursing Association for assistance or contact the State Nursing Board.

Attention RN and LPN Ohio Independent Providers: Fraudulent Billing is a legal nightmare you may never wake up from, so don't do it!

If you are a nurse and you are working as an independent provider, please make sure you are billing the State of Ohio for the skilled nursing services provided in an accurate, truthful, ethical, and professional manner. Follow the guidelines and regulations for billing home care services. Don't think "Oh no one will know or find out" because chances are someone will and you will be held accountable and responsible for your actions. There is no passing the buck when it comes to being paid for services that you were not legally entitled to be paid for in the eyes of the law in this economy. The State of Ohio takes this cases very seriously because this is taxpayer's money.

There are more and more nurses every year who are working as Ohio independent providers (essentially home care nurses) and who are being investigated for fraudulent billing by the Ohio Attorney General's Office and subsequently the Ohio Board of Nursing.

These cases are complicated and serious because multiple issues and agencies become involved and the consequences of these types of cases can rip your nursing career apart for several years going forward.

Kentucky Nurse Indicted for Killing a Patient at a VA Hospital

See http://www.kentucky.com/medicine/story/967596.html.

Here is the indictment:  http://media.kentucky.com/smedia/2009/10/07/13/whittindictment.source.prod_affiliate.79.pdf

DUI/OVI/DWI Update 2009: Drunk Driving, DUI Convictions, and Nurses

I am attending an OVI update this year again in Ohio. Its sponsored by the Ohio State Bar Association and has live simulcast in Fairfield, Ohio.

This will be my third DUI/OVI/DWI update this year. No, I am not a criminal defense attorney but as a license defense attorney, I am seeing more of these cases in my law practice which turn on a suitability for licensure depending on the State.

Also some counties are going "hard core" with DUIs and I spoke with a relative of a nurse who is currently incarcerated on a second DUI conviction where there was bodily injury. Nurses, if you have a DUI conviction and you want to know how it will impact your license if at all, contact a license defense attorney in your state or jurisdiction.

Its "not just a DUI" anymore (say 5 to 10 years ago) because personally I doing more consultations where there are multiple DUIs and/or a felony DUI at issue. Most DUI attorney or traffic law attorneys are specialists and therefore are not familiar with State Nursing Board discipline. Why would you expect your DUI attorney or criminal defense attorney to know about the Nurse Practice Act, nursing standards of practice, and history of State Nursing Board discipline in your state from the last several years anyway?

Don't get it twisted and assume "its just a DUI and its no big deal" because every other person you know has a DUI and it didn't impact their career, job, or certificate. You are special; you are not everyone else because you a licensed nurse with a code of ethics, legal rights, obligations, and duties, and you provide specialized and skilled nursing care to the public. Again don't get it twisted and if you do get it twisted, contact my office and we can help you straighten it out if you are licensed in Ohio, Kentucky, and/or Indiana.

A DUI MAY (I didn't say "will" baby because I don't give legal advice on this blog) have license implications for nurses depending on the state(s) where you are licensed to practice nursing, may have implications for your  employment (your employer may have a legitimate concern about patient safety and fitness for duty depending on the circumstances) , and your career.

If "if" was a fifth we would all be drunk: state regulatory agency investigations can be administrative and/or criminal

I spoke with a nurse the other day who is licensed to practice nursing in a state where I am not licensed to practice law. I referred the nurse to several license defense attorneys in his state.

The nurse worked in home care and was being investigated by a state regulatory agency for billing discrepancies. The nurse after review of his billing records noted there was a billing discrepancy and pointed this out to his criminal defense attorney.

The nurse asked the criminal defense attorney whether or not he should divulge this information and just repay the money. The criminal defense attorney remarked "no" and let's just wait and see what happens. The nurse was charged with a felony, the criminal case is still pending, and the State Nursing Board is involved.

Now, there is an old saying "If if was a fifth we would all be drunk." A fifth of the hard stuff of course. I don't do liquor but I really enjoy Bartles and James (B&J) flavored malt coolers or as my younger brother says "Kool-Aid for Adults."  

The nurse is now being investigated by the State Nursing Board in his state. But I wonder:

1. IF the nurse had consulted with a nursing license defense attorney at start of the investigation and upon learning of the billing discrepancy, what IF the nursing license defense attorney recommended prompt repayment of the improper billing.

Would this have remedied the issue and averted a criminal indictment and prosecution and a State Nursing Board investigation and probable discipline (its coming)?

A criminal defense attorney and a license defense attorney have two different roles and perspectives in the representation, counseling, and advising of a licensed nurse in federal and/or state regulatory agency investigation. State regulatory agency investigations can be a combination of administrative and/or criminal.

This is why it is extremely important for a nurse to retain a criminal defense attorney and a nurse license attorney when being investigated by federal or state regulatory agencies whenever there is even a "hint" of a possible criminal issue.  

Some license defense attorneys are also criminal defense attorneys. Not the kid. You have to determine whether you want one attorney to handle the criminal and licensure matter or whether you want to different attorneys, one for the license and one for the criminal defense and what are the pros and cons of each of these arrangements.

An attorney is an attorney, right? My crim defense attorney can represent me before the State Nursing Board

There is no right answer. Is a nurse a nurse a nurse? Of course not and the same can be said for attorneys and law firms.

Your criminal defense attorney may represent you just as well or better than a license defense or administrative law attorney before the State Nursing Board. State Nursing Board matters are a specialty in and of themselves and an attorney (with no experience before the Board) can invest the time necessary into learning the in and outs of representing a nurse before the Board.

Now the counseling and advising on attending nursing law and professional practice matters that go along with State Nursing Board investigations and hearings is an entirely different animal in my opinion. I think this comes with experience and working on cases over time but that's just my opinion.

I am finding in this economy that attorneys who would be turned these types of cases down several years ago are saying "I can represent you before the State Nursing Board" to nurses involved in investigations, hearings, and licensure matters.

The Center for American Nurses has a fact sheet for the factors to consider when retaining an attorney. See www.centerforamericannurses.org. If you are not a member of the Center, you may have to purchase the pamphlet.

Consider asking the following:

1. What is your experience in these types of cases?

2. How many cases have you handled in the past?

3. How many cases do you have now before the State Nursing Board?

4. How do you determine your fee in these cases?

5. Am I your first Nursing Board case?

6. How do you communicate with clients?

7. Can you advise me on nursing workplace and professional practice matters that flow from the Nursing Board matter?

8. Are these cases your bread and butter, i.e., what percentage of your practice involves State Nursing Board or healthcare licensing board cases?

9. What are my options in this case?

10. What are the issues in my case? 

You can also contact more than one attorney. Sometimes I suggest that the nurse contact another license defense attorney and I will provide the names of at least two other license defense attorneys.

I am doing this more frequently if the nurse has represented himself/herself throughout the Nursing Board investigation and is really frustrated and surprised that the Board is proposing action against the license. Why?

So the nurse can speak with more than one attorney on how to approach the case because attorneys approach these cases and their clients or prospective clients differently. The nurse can then make a decision on which attorney he/she wants to retain. 

I am under no illusion that everyone who contacts my office is going to retain me (for whatever reason) to represent them before the State Nursing Board but I do let nurses know that if they don't retain me, consider retaining someone to assist you. You can contact TAANA at www.taana.org, your local bar association for an attorney referral, or another license defense attorney; but consider retaining someone.  

Northern Kentucky Dentist Charged with DUI and Drug Possession

If you are a licensed professional and you are charged with a crime, it may make the news. See this link:

http://news.cincinnati.com/article/20090806/NEWS0107/308050041/0/NEWS0107/N.Ky.+dentist+charged+with+DUI++drugs

Foster mom-nurse charged in baby’s death

http://www.thestate.com/local/story/777440.html. Here is the cut and paste

Foster mom-nurse charged in baby’s death

By Lee Higgins - [email protected]

 

A foster mother who is a neonatal intensive care nurse was arrested Wednesday, accused of taping a pacifier to the mouth of a 9-month-old boy who suffocated.

Angela Deniece Dukes, 30, of St. Andrews Road, is charged with unlawful neglect of a child, SLED spokeswoman Jennifer Timmons said.

Dukes is accused in the death of Curtis Williams, of Cayce, whom she found unresponsive on an adult bed at her St. Andrews Road apartment, authorities said.

Angela Dukes

Richland County Coroner Gary Watts had said earlier that the boy was found face-down amid sheets and a fluffy comforter, and that there was a crib in the home where the child should have slept.

SLED said no other adults or children were home at the time.

Curtis was pronounced dead at Lexington Medical Center at 9:59 a.m. on Feb. 8 of asphyxiation, Watts said Wednesday.

The Department of Social Services took Curtis into custody Feb. 7 and placed him in the foster home after he tested positive for THC, the active ingredient in marijuana, Cayce police have said.

Preliminary autopsy reports found the anti-allergy medication Benadryl in his system.

The foster home was licensed, DSS spokeswoman Virginia Williamson said Wednesday. She said no other children have been placed in Dukes’ care since the boy’s death.

DSS has been working with SLED and continues an internal investigation into the incident, Williamson said.

DSS officials are examining everything about how the case was handled including the removal of the child, his placement, any licensing issues and the care of the child, Williamson said.

Dukes was working as a neo-natal intensive care nurse at Palmetto Health Richland at the time, SLED said.

She has been suspended, pending the outcome of the investigation, hospital spokeswoman Tammie Epps said Wednesday night. She had worked there less than three years, Epps said.

Curtis tested positive for THC at Lexington Medical Center after police found him and his mother about 4:23 p.m. on Feb. 7 in a Cayce motel room filled with marijuana smoke.

His mother, Katrina Jivers, 22, was charged with unlawful conduct toward a child, contributing to the delinquency of a child and possession of marijuana.

Jivers’ 2-year-old daughter later tested positive for cocaine and was placed in a different licensed foster home.

In that case, Jivers was charged with unlawful conduct toward a child and contributing to the delinquency of a child, involving her daughter.

Dukes is at Richland County jail and faces up to 10 years in prison if convicted.

Reach Higgins at (803) 771-8570.

Its Just a DUI, OVI, or DWI !

I heard this again last week, "Its just a DUI."

Its nursing license renewal time in Ohio, Kentucky, and Indiana and this blog is popping up in searches related to DUI and nurses and criminal convictions and license renewal for Ohio, Kentucky, and Indiana.

Don't be offended but I have to keep it real on this blog; nurse license renewal time is like Christmas time without the snow at my law firm.

This isn't legal advice but consider it an early Christmas present.

Each State Nursing Board looks at "just a DUI" differently because each State Nursing Board is different. There isn't an "Across the State Nursing Board" rule for OVI, DUI, and DWI convictions. 

For example, I practice law in Ohio, Kentucky, and Indiana and each State Nursing Board in the states where I practice look at DUIs,OVIs, and DWIs differently based on the State Nurse Practice Act, Board of Nursing regulations, and Nursing Board investigation and discipline policies.

Some Boards don't have the authority under the Nurse Practice Act to propose discipline on "just a DUI" while other State Nursing Boards have the authority to propose discipline on "just a DUI."

How do you know how your State Nursing Board looks at DUIs? You can contact:

1. Your State Nursing Board;

2. Your State Nurses Association; or

3. An administrative law, nursing law attorney, or nurse license defense attorney in your state.

If you call my office and want to schedule a consultation to discuss a DUI, I need to see the court documents, traffic ticket, and other records because sometimes "its just a DUI." 

Sometimes its more than "just a DUI" and its a litany of charges and convictions with the DUI like possession of marijuana, possession of drug paraphernalia, resisting arrest, disorderly conduct, possession of crack cocaine, child endangerment, etc.

I actually have nurses schedule and pay for meetings (phone or in-person) with me related to DUI charges and convictions and their nursing license in Ohio, Kentucky, and/or Indiana and don't provide me with any of the requested documents to review and evaluate their situation. Okay?

Some attorneys may be willing to say "Oh its just a DUI (without reviewing docs), and it means this for your license...." but not the kid.

 C-O-U-R-T   D-O-C-U-M-E-N-T-S and

C-O-N-S-U-L-T-A-T-I-O-N

In other cases it is a felony DUI charge because of past DUIs.

In other cases it is one of two or three pending DUI charges and alcohol related offenses in a more than one county or state.

In other cases it is a pending DUI and other issues and circumstances involving a nurse's practice that make it more than "just a DUI."  

In other cases it is "just a DUI" but the nurse is participating in a State Nursing Board Alternative to Discipline program for Chemical Dependency. Is it "just a DUI" in this situation?

In other cases it is "just a DUI" for a nurse in recovery who signed a Return to Work agreement or Last Chance Agreement with a healthcare employer. Is it "just a DUI" in this situation?

In other cases it is "just a DUI" and the nurse is on probation with the State Nursing Board?

In other cases it is "just a DUI" and the nurse is on criminal probation for something else and the judge requires a self-report to the State Nursing Board?

Then sometimes just sometimes "it is just a DUI." Do you get my point?

I have been charged with a felony. What are my next steps?

I have been asked this question three times this month. Being charged with a felony is serious!!!!

If you are a nursing student, NCLEX-Applicant, RN, LPN, or a APRN and you have been indicted or charged with a felony, consider retaining a criminal defense attorney with significant experience practicing before the court in the jurisdiction where your case is pending. You can contact your local Bar association for an attorney referral or you can search online for a criminal defense attorney. You can also contact your State Nurses Association or the Center for American Nurses. www.centerforamericannurses.org.

Don't try to represent yourself in a criminal case. Retain a private attorney and if you cannot afford a private attorney, then try legal aid.

You also need to speak with a nurse license defense attorney ASAP. Don't wait until the criminal case is resolved. Talk to a nurse license defense attorney who practices before your State Nursing Board ASAP.

See www.taana.org and contact the Nurse Attorney Referral Line.  

Hospice Nurse in Ohio charged with stealing medication

See

http://www.cleveland.com/newsflash/index.ssf?/base/national-39/1248378882214790.xml&storylist=health

Here is the cut and paste:

Hospice nurse charged with stealing medicine

7/23/2009, 3:12 p.m. EDT The Associated Press

(AP) — NEW CASTLE, Del. - New Castle County police have charged a 30-year-old hospice nurse with stealing prescription drugs from a dying woman.

Jennifer Williams of Delaware City is charged with stealing morphine and a marijuana derivative from the 81-year-old woman, who died early Wednesday.

Investigators said Williams was assigned to the woman's home Tuesday night and immediately began acting strangely, prompting family members to spend the night at the home.

After the woman died, a second nurse called in to pronounce her dead noticed that Williams was incoherent and unable to stand.

Police said Williams, who is seven months pregnant, had ingested the drugs. She was admitted to a Wilmington hospital.

 

From the Nursing Law Bandit: If you a Nurse and you are charged with a DUI, DWI, or an OVI, hire a Traffic Law Attorney or DUI defense attorney

I enjoyed the material from the two "one" hour presentations at the Cincinnati Bar Association. Most of the attorneys present were criminal defense attorneys and several were traffic law and DUI specialists, i.e. these attorneys limit their practice to traffic law and DUI cases.

If you are a nurse and you are charged with a OVI, DWI, or DUI, you want to hire a criminal defense attorney. I would suggest that you take it step further and hire a criminal defense attorney who limits their law practice to DUI cases and/or traffic law cases. You want a specialist even though the attorney may not be able to call him or herself a specialist under the ethical canons.

You want an attorney who knows DUI and traffic law front and backwards and sideways from the arrest and investigation stage to the sentencing and post-sentencing phases. Like Chuck Strain in Cincinnati, Ohio, who calls himself the DUI Guy.  http://blog.lawinfo.com/2007/02/21/cincinnati-dui-lawyer-chuck-strain-is-a-frequent-speaker-at-dui-seminars-2/

This is my 4th DUI course in a less than a year (I don't miss these) and I don't practice criminal law. I am certainly not a DUI or traffic law practitioner but I am seeing so many cases in my license defense practice involving DUI the last 2 years that I have to get a better feel for the issues involved with these cases because nurses with DUIs are required to self-report this information at some point to the Nursing Board, depending on the State, of course.

Can I refer to myself as the Nurse License Gal? Its not as catchy.

Maybe Nurse Attorney for a Nurse License? Too wordy.

I personally like my handle (no I don't have CDL license or drive trucks on the side for additional income) and codename, Nursing Law Bandit. What is your handle, code name, or alias?

10-4, good buddy. http://answers.yahoo.com/question/index?qid=20080704221419AAde0ha. I am sure you have watched Smokey & the Bandit or was it just me growing up?

DUI,OVI, & DWI Seminar this week at the Cincinnati Bar Association

I am registered to attend to a one hour DUI program this week at the Cincinnati Bar Association. Although I don't defend nurses in criminal cases, I have found that criminal law and procedure impacts my representation of nurses in licensure matters in Ohio, Kentucky, and Indiana. Also criminal law and procedure continuing legal education programs are very interesting and informative. I will let you know how it goes.

I also need additional CLE to renew my law licenses this year in Kentucky and Indiana. I don't believe this is a renewal year with my Ohio law license.

Pending Criminal Matter and Your Nursing License

If you have been charged with a federal or state crime, whether it is a felony or misdemeanor, you need to speak with a license defense attorney in your jurisdiction; this includes DUI, DWI, or OVI.

Unless your criminal defense attorney has experience representing nurses before the State Nursing Board, it is imperative that you speak with a nurse license defense attorney. This can be in the form of a consultation (which may cost a few hundred dollars) or retaining a license defense attorney to handle the State Nursing Board complaint.

Don't say, I can't afford it in this economy because the real question is how can you not afford it? Its not all black and white with criminal convictions and nurses and you want to speak with someone who can discuss your options with you beforehand.

I was contacted today by a nurse who was told by her criminal defense attorney last month that a misdemeanor assault conviction would "probably have little or no impact on her nursing license" because the "situation is not related to patient care and involved a personal altercation."

I also spoke with a nurse earlier this month who retained a civil and criminal defense and personal injury attorney to represent the nurse in a criminal case. The attorney also agreed and was retained to represent the nurse before the State Nursing Board. This is the attorney's first Nursing Board case.

Criminal charges and criminal convictions even if unrelated to "direct patient care" can impact your nursing license, your employability, and your nursing career. Talk to someone, a license defense attorney or admnistrative law attorney with experience in nursing matters while your criminal case is pending.

Airforce Nurse Charged in Three Patient Deaths

See this link.

http://www.cnn.com/2009/CRIME/03/17/texas.military.nurse.deaths/index.html

Florida RN Charged With DUI Despite Assistance from her Friends to get home safely

Make sure you read the comments.

See http://www.ocala.com/article/20090120/ARTICLES/901200275

American Journal of Nursing Article: Remediation Among Disciplined Nurses

I may renew my subscription to the American Journal of Nursing.

http://journals.lww.com/ajnonline/pages/default.aspx

I had a consultation with a nursing student and future NCLEX-PN applicant this morning who commented on this article and that employers are going to think all nurses with criminal convictions are not worthy of hire (which of course isn't true).

There are three very interesting article in the March 2009 journal pertaining to criminal background checks, convictions, and nursing licensure.

See this original research article, which is available to all nurses for downloading and CE credit. Download 37[1]  

The Future of Nursing Education, Clinical Sites, and Criminal Background Checks

Its coming folks. More and more nursing education programs are inquiring about and requiring full or limited criminal background checks for nursing students because clinical sites (hospitals, clinics, home care, hospice, community sites, etc.) require criminal background checks for students and externships.

In the future, more and more nursing students with criminal convictions will:

1. Have a harder time being accepted to nursing programs;

2. Not Be Admitted to Nursing Programs because of the unavailability of clinical sites; 

3. Will face more difficulty with licensure depending on the State Nursing Board; and/or

4. Will face limited employment options with a criminal conviction.

See http://www.indiana.edu/~iubnurse/home/application/Student%20Disclosure%20Form%201%206%2009.pdf.

Three Hurdles: More State Nursing Boards are conducting Criminal Background Checks for Licensure

I read in article published in 2008 in the Journal of Nursing Law that some vocational counselors suggest nursing (either RN or LPN) for individuals with a criminal history and criminal convictions for a variety of reasons. One reason I am assuming would be the ability to attend school for one year (LPN or LVN) or two (RN with a diploma or ASN)and make a decent living.

I told you about a corrections nurse who approached me last year and asked me what should she tell the female inmates. This nurse  works with incarcerated female inmates in vocational groups and counseling sessions and the women are interested in being a nurse.     

Nothing surprises me anymore as a licensure defense attorney.

More State Nursing Boards are conducting criminal background checks for licensure. Although there are still a handful of states that do not require a criminal background check but still inquire about criminal convictions on the licensure application. For example, Indiana. Which only makes me wonder, how many are failing to disclose criminal convictions becausea criminal background check isn't being performed and the Board relies on self-disclosure.

See this chart from the National Council of State Boards of Nursing.

https://www.ncsbn.org/CBC_SxS.pdf

With criminal convictions, being admitted to nursing school and clinical sites is Hurdle One; this is the easiest hurdle. 

Hurdle Two is suitability for licensure depending on the State Nursing Board where you apply for a licensure.

Hurdle Three is employability. Employability is an issue and I am seeing more and more newly licensed nurses who have a license, most of the time with restrictions and probation, who are having trouble finding and securing employment as a nurse. Even if you have an unencumbered and restricted nursing license (clear), employability may still be an issue in some states if not most because of criminal background checks in healthcare and some healthcare organizations will not and some cannot hire you with certain felony and/or misdemeanor convictions.

Having a "S" on your chest and being able to leap easily over Hurdle One and Two is meaningless if you hit a wall at Hurdle Three. Do your due diligence before you apply to nursing school if you have criminal convictions. Don't assume you will be able to find a job because "there is such a demand for nurses."

Don't waste your money. You are an adult and you should do your own due diligence and research before pursue a certain educational course. If you have criminal convictions, a career as a licensed healthcare professional may not be your best option.

Illegal Processing of Drugs Documents is a Felony and Ohio Nurses Are Being Charged

Dear Ohio Nurses,

Regardless of how busy you are, how short staffed you are, or how how the patient acuity is on a particular unit, you have a professional and legal obligation to accurately document your administration, handling, and waste of a controlled substance.

http://www.sconet.state.oh.us/Communications_Office/summaries/2003/0618/020230.asp

You can be investigated by your employer and terminated, reported to the Nursing Board and investigated by the Nursing Board, and reported to local law enforcement and criminal charged and indicted for illegal processing of drug documents. Its happening all to frequently to Ohio nurses in cases where theft of drugs can't be proven beyond a reasonable doubt. 

Do not underestimate or blow off the importance of adequate and appropriate documentation of medication administration. 5-10 years ago, prosecutors weren't touching these types of cases because these cases weren't being reported by healthcare organizations.

Healthcare organizations know their reporting obligations and are taking steps to minimize their liability by reporting. Also there is a war on drugs and multiple county, state, and federal agencies are involved with combating illegal drug use. The paper trail or lack thereof will be there in these cases. The Prosecutor doesn't have to prove theft of drugs, just the failure to document in accordance with facility policy and laws and regulations.  

If you want to gamble, go to one of the Indiana Casinos. I would be willing to meet you there to gamble with you. Do not gamble with your nursing license; its your livelihood at stake and being charged with a drug related felony may, can, and/or will ADVERSELY impact your license, your career, and your life.

If you need help with a chemical dependency or addiction, get help ASAP.

If your issue is not dependency and just sloppy nursing practice, get out the mop and broom and clean up your nursing practice because you can be charged and convicted of Illegal Processing of Drug Documents for not documenting the administration and waste of a "dangerous drug" in accordance with the Ohio law, facility policy, and professional practice standards. Slow down and document. There is no excuse for not protecting yourself by and through documentation in today's highly regulated healthcare environment. Document as if your life and your license depended on it because in a way it does.