Case Result: Nurse Falsely Accused of Drug Diversion Has Suspension Overturned, Board of Nursing Complaint Dismissed

Registered Nurse

Primary Issue:
A Michigan nurse was accused of drug diversion for allegedly diverting a large amount of narcotics by stealing them and carrying drugs out of the building. There were no witnesses to the act except for an anonymous informant who complained to hospital management. The nurse was terminated, referred to HPRP, and a complaint was lodged with the State of Michigan, Department of Licensing and Regulatory Affairs (LARA). HPRP attempted to force the nurse into treatment despite the fact that she did not need it. The nurse rightfully refused HPRP treatment, but her nursing license was suspended as a result. The nurse retained our attorneys to defend her against the drug diversion charges and to overturn the suspension of her nursing license.

After successfully arguing our case, the Administrative Law Judge (ALJ) promptly dissolved the summary suspension of the client’s nursing license that day and delivered a favorable proposal to the Board of Nursing. The Board accepted the ALJ’s proposed decision and dismissed the entire drug diversion complaint.

Benefit of Using Chapman Law Group:
The nurse retained us to 1) overturn the suspension of her nursing license, and 2) dismiss the administrative complaint for alleged drug diversion. We were successful in achieving both of these goals. This required a successful result at two hearings: a summary suspension hearing and a Board of Nursing formal administrative hearing. During both hearings, we were able to successfully cross-examine HPRP representatives, the client’s evaluators, and fact witnesses, as well as provide favorable character testimony on behalf of our client. Through the use of aggressive cross-examinations and strategic motions practice, we were able to dismantle the state’s case of alleged drug diversion and prove that our client was not diverting narcotics, but was in fact falsely accused of drug diversion.

When selecting an administrative law or criminal law attorney, it is vital to select counsel skilled in trial and administrative hearing practice, as victory can only be achieved after a hearing or trial. Chapman Law Group has a team of attorneys skilled in representing licensed health professionals in state, federal, and administrative courts during trials and administrative hearings. We frequently defend nurses and doctors accused of diverting drugs.

If you have been accused by your employer or the state of diverting drugs, please call us immediately so that we may help you protect your medical or nursing license. Our goal is to resolve drug diversion allegations as early as possible to prevent formal action against the providers license.

Areas of Law:
Nursing License Defense
Drug Diversion
Summary Suspension of Nursing License
Administrative Hearings and Complaints
Health Professionals Recovery Program (HPRP)

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.

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Case Lawyers

Ronald W. Chapman II, LL.M.

Chairperson of White Collar Defense & Government Investigations

Michigan Office
1441 W. Long Lake Road, Suite 310
Troy, MI 48098
Phone: (248) 644-6326

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