Case Result: RN Previously Suspected of Drug Diversion is Reported to DOH After Alleged Overdose
In arguing against Florida DOH inquiry, our nursing license defense lawyers contended hospital would be liable for breaching confidentiality.
Sarasota Office
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
In arguing against Florida DOH inquiry, our nursing license defense lawyers contended hospital would be liable for breaching confidentiality.
Our Florida healthcare licensing defense attorneys contended that the Florida Department of Health had no probable cause for formal charges.
In contesting a THC drug screening result, our Florida Regulatory and Licensing attorneys asked for lab records and chain of custody, and we provided proof that the RN was not impaired.
What’s the best way for a Florida nurse or physician to face orders compelling exam? Having legal representation and medical experts from the get-go.
Florida nurses and medical practitioners are most often referred to IPN and PRN by employers due to potential safety-to-practice concerns.
For nurses and other health care professionals accused of drug diversion, the most crucial thing to do is to fight the allegations as early as possible, in order to prevent formal action and discipline.
Professional:
Registered Nurse
Primary issue:
Client registered nurse, who had serious health conditions, was at work when she began experiencing a serious allergic reaction to a new medication prescribed to her by her primary care physician. Her throat began swelling and she was covered in hives. Desperate, she consulted with her attending physician, who told her to take a Benadryl from the hospital, so she did. However, misappropriation of hospital drugs is a violation of the practice act in any circumstance, including emergency circumstances such as our client’s. As a result, the employer reported her to the Florida Department of Health (DOH), which began investigating her. The investigation initially involved several additional charges, including drug diversion and possible impairment.
Argument:
Our Florida healthcare license defense lawyers were able to persuade the DOH that this was not a case of impairment or a drug-seeking nurse, but rather a nurse that made a mistake. As a result, the nurse was only charged with unprofessional conduct. Under the disciplinary guidelines, this could still result in a penalty that required her referral to IPN. However, when presenting our case before the Florida Board of Nursing at an informal hearing, we were able to persuade the board that IPN referral would be inappropriate in this case, given that this was a one-time incident.
Result:
The Florida Board of Nursing agreed with our argument and imposed a penalty of continuing education courses and a $500 fine.
Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.
Sarasota Office
6841 Energy Court
Sarasota, FL 34240
Phone: (941) 893-3449
In contesting a THC drug screening result, our Florida Regulatory and Licensing attorneys asked for lab records and chain of custody, and we provided proof that the RN was not impaired.
Our healthcare licensing attorneys were able to provide the board with ample evidence proving that CBD can cause false positives and that there was no evidence of impairment.
After long negotiations, we were able to convince the Department of Nursing to settle the case with a reprimand, a small fine, and eight hours of continuing education classes.
What’s the best way for a Florida nurse or physician to face orders compelling exam? Having legal representation and medical experts from the get-go.
Florida nurses and medical practitioners are most often referred to IPN and PRN by employers due to potential safety-to-practice concerns.
For nurses and other health care professionals accused of drug diversion, the most crucial thing to do is to fight the allegations as early as possible, in order to prevent formal action and discipline.
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