Case Result: RN Accused of Impairment, Drug Diversion for Taking Benadryl from Hospital Due to Allergic Reaction

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.