patient is caught stealing does she report it to nurse incharge

Duty to report: Legal implications of nurses stealing from patients This article explores the situation when a nurse receives a report from a patient that a colleague is stealing from the patient. It looks at the duty of the nurse and the issues which may arise when she tries to put her duty into action.

Full Answer

Can nurses be accused of stealing medication?

There is a term used specifically for an RN accused of stealing medication, it is calling diverting, and it happens so often that there is an entire program established by the BRN for such nurses. That program is the Diversion or Intervention Program.

Can a nurse be charged for making a medical mistake?

A former nurse at Vanderbilt University Medical Center in Nashville, Tenn., was arrested and charged with reckless homicide and abuse in February for making a medical mistake that resulted in an elderly patient's death. Criminal charges for a medical error are unusual, patient safety experts say.

Do nurses have to report suspicious injuries?

Depending on the state, nurses may be required to report suspicious injuries to law enforcement whether or not the patient consents or wishes to press charges. Depending on the type of abuse, the nurse is required to call Adult Protective Services or Child Protective Services and follow it up with a written report.

What happens if a nurse fails to report abuse and neglect?

As mandated, they are trained to identify signs and symptoms of abuse or neglect and are required by law to report their findings. Failure to do so may result in discipline by the board of nursing, discipline by their employer, and possible legal action taken against them.

What happens to a nurse caught stealing narcotics?

It includes drug theft, use, or tampering (adulteration or substitution). Drug diversion is a felony that can result in a nurse's criminal prosecution and loss of license. “If patients are harmed, a nurse may risk permanent exclusion from working in healthcare,” New says.

When should a nurse be reported?

When there is a legal requirement to report under the Regulated Health Professions Act, you must do so within 30 days of the incident. In any event, we encourage you to submit the report as quickly as possible.

Who would you notify if a family member has a complaint about the Nursing care?

Report the situation to a supervisor or the nurse's employer immediately. Then, contact your state BON (or state licensing authority) and file a complaint. If you are unsure whether a nurse has done something that should be reported, contact the state BON for assistance.

What do I do if someone is stealing my medication?

Speaking of pharmacists, they are required to report lost or stolen drugs. Federal regulations require that pharmacists and their employers to notify the DEA Field Division Office in their area of any theft or significant loss of any controlled substance.

What happens when a nurse is reported to the board?

Once a complaint hits their desk, the board has to determine if the facts as stated in the complaint are a violation of the laws that govern a nurse's practice. If so, an investigation is initiated, and the nurse may respond to the allegations. The board then resolves the complaint. It may or may not require a hearing.

What can nurses get in trouble for?

Such allegations include incompetence or negligence. This can include medication errors or failing to identify a change in patient condition. Sometimes it can even include concerns due to terminations from multiple jobs in a short period of time.

What happens if a nurse is caught stealing narcotics from the automated dispensing machine?

As if losing your job and facing losing your RN license were not enough, the DEA or DA may press criminal charges against you for felony diversion of medication. That's right, stealing medication is a felony and if the DEA or DA can prove you diverted, they will issue a warrant or arrest you.

What is the most common reason nurses are disciplined by state boards of nursing?

The most frequent reason for discipline is practicing while impaired. SBNs set and enforce minimum criteria for nursing education programs. Schools of nursing must have state approval to operate.

What is unprofessional conduct in nursing?

According to the Medical Practice Act, unprofessional conduct includes "any departure from or failure to conform to the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to the prescribing or use of drugs, treatment or diagnostic procedures which are detrimental ...

How and when must significant losses of controlled substances be reported?

Federal regulations require that registrants notify the Field Division Office of the Administration in his area, in writing, of the theft or significant loss of any controlled substance, disposal receptacles or listed chemicals within one business day of discovery of such loss or theft.

What happens if someone steals your Adderall?

For example, in the state of California, the unlawful “simple” possession of Adderall (whether somebody else's prescription or otherwise) is a misdemeanor, with maximum penalties of one year in county jail and a $1,000 fine.

Can someone else pick up my controlled substance prescription?

Can Someone Else Pick Up My Controlled Substance Prescription? In most cases, someone else can pick up a controlled substance prescription on behalf of the patient. However, these medications require a little extra from the person acting on behalf of the patient.

What did Nurse A steal?

While employed at a hospital, Nurse A stole codeine phosphate 30mg tablets on one or more occasions. On 13 August 2015 while being investigated by the hospital she said that she had not been involved in any previous investigation into missing medication when this was not the case. Her conduct was dishonest in that she was seeking ...

Why do we use cookies?

We use cookies to personalize and improve your experience on our site. Visit our Privacy Policy and Cookie Policy to learn more. You can opt out of some cookies by adjusting your browser settings. More information on how to do this can be found in the cookie policy. By using our site, you agree to our use of cookies.

How long can a nurse be suspended?

Suspension: the nurse or midwife will be suspended from practice for a period of initially not longer than one year, but this can be extended after review by an FTP panel. Striking off: a nurse or midwife is removed from the register and not allowed to practise in the UK.

What did the panel find about Nurse A?

The panel found there was no harm caused to a patient and the charges did not relate to clinical failings. However, Nurse A breached one of the fundamental tenets of the nursing profession – to act with honesty and integrity at all times. The panel noted that her actions brought the profession into disrepute as members of the public would not expect nurses to behave in this way.

What is the role of nurses in society?

Nurses occupy a position of privilege and trust in society and are expected at all times to be professional and to maintain professional boundaries. To justify that trust, nurses must be honest and open and act with integrity.

How long does a condition of practice last?

The order can be applied for up to three years and must be reviewed by an FTP panel again before expiry

Did codeine phosphate tablets go missing in 2015?

Stock levels were monitored from the beginning of summer 2015 and it was observed that on 10 separate occasions, a number of codeine phosphate tablets had gone missing. The staff register was checked and it was revealed that the only staff member with access to the drugs who was on duty for all 10 shifts was Nurse A. It is alleged that Nurse A, on one or more occasions, stole varying amounts of 30mg codeine phosphate tablets.

How to tell your nursing manager if she is absent?

The answer is that you tell your nursing manager if she is in the building. If not, you go to the phone and page the nursing supervisor, or the manager who is covering for your manager while she is absent, immediately and report what you saw.

Should pharmacy be reported to security?

It should be reported to Security as well. And don't be surprised if they come down hard and fast. (This has happened to me when I was a supervisor.) I believe Pharmacy has to do a report as well.

Do nurses take motrin?

Narcs. and meds. assigned specifically to a patient, I would tell the boss. On the other hand, a nurse takes a couple of motrin, not a big deal in my book. But that is just me.

What is a BON investigation?

A BON's investigation into violations of a state's nurse practice act (NPA) The process for filing a complaint against a nurse who has exhibited unsafe, negligent or incompetent behavior. What a nurse can expect while their complaint is being investigated. Download Publication.

What is a complaint nurse?

Filing a Complaint. A nurse's practice and behavior is expected to be safe, competent, ethical and in compliance with applicable laws and rules. Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule or related state or federal law may report the alleged violation to the board ...

How to avoid liability as a nurse manager?

As a nurse manager, one of the best ways you can avoid potential liability for your role is to underscore the importance of preventing foreseeable and unreasonable risks to patients. Following a sound risk-management approach can do wonders to avoid such risks. Open lines of communication with your staff, as well as with patients ...

What happens if professional negligence is alleged against you in the latter role?

If professional negligence is alleged against you in the latter role, your overall standard of care would be compared with other nurse managers/charge nurses. The duty to manage your staff nurses does not require you to be aware of each and every possible injury that a patient may be exposed to because of staff nurses’ negligence.

What is the duty of managing staff nurses?

The duty to manage your staff nurses does not require you to be aware of each and every possible injury that a patient may be exposed to because of staff nurses’ negligence. Rather, the duty requires you to be aware of those foreseeable and unreasonable risks of harm that the patient might be exposed to if the staff nurse does not provide care as required (an act of omission) or provides care negligently (an act of commission).

What is the standard of care for a med/surg nurse?

If you work in med/surg nursing, then the standard of care becomes that of ordinary, reasonable and prudent nurses in med/surg nursing in the same or similar community. If you practice in the pediatric setting, your conduct is compared with other nurses in pediatrics.

Is a nurse manager a liability?

Last, but by no means least, don’t shy away from the charge nurse/nurse manager role. Yes, the liability is different, but the role is a challenging and interesting one that can bring satisfaction in ensuring non-negligent care is being given to the patients on your unit.

Can a nurse be accused of negligence?

As you probably know, allegations of professional negligence are possible against any nurse. As a nurse, you must conform your conduct to the overall standard of care; that is, what other ordinary, reasonable and prudent nurses would do in the same or similar circumstances in the same or similar community.

What was the name of the nurse who was arrested for a medical error?

Vaught, a former nurse at Vanderbilt University Medical Center, was charged with reckless homicide after a medication error killed a patient. A former nurse at Vanderbilt University Medical Center in Nashville, Tenn., was arrested and charged with reckless homicide and abuse in February for making a medical mistake that resulted in an elderly ...

Why did the Nashville District Attorney bring criminal charges against Vaught?

The Nashville District Attorney's office told the Tennessean it made the decision to bring criminal charges against Vaught specifically because she administered the fatal medication after overriding the safety mechanism in the dispensing machine. Medical errors are common.

What is the American Nurses Association's statement criticizing the charges?

The American Nurses Association issued a statement criticizing the charges, saying that "the criminalization of medical errors could have a chilling effect" on health care workers' willingness to report errors.

Why do medical errors occur?

Manges says that most medical errors occur because of systemic problems. Human error is inevitable, she says, and hospitals should account for that by instituting safety checks and protocols.

How common are medical errors?

Medical errors are common. Some researchers estimate they're the third leading cause of death in the United States. And many in the patient safety community say they don't understand what prompted the DA's office to prosecute this case in particular.

What are the most high profile cases?

Most high-profile cases tend to involve death, a significant injury or a patient well-known in the community, he says. And prosecutors tend to focus on nurses, he says, rather than physicians or hospital administrators, though he's not sure why.

Why should health care mistakes be analyzed?

All health care mistakes — even small ones — should be analyzed to understand the underlying issues that caused them , Ross says. A non-punitive approach encourages transparency, she says, and "that prevents future mistakes or errors from happening.".

What entity causes the most stress to RNs accused of stealing medication?

The BRN is the entity that causes the most stress to RNs accused of stealing medication because the choices aren’t great, either way you look at it. If you did divert and there is a pattern of missing medication, or worse, if you admitted to diverting hoping the employer would take it easy on you (hint hint—They NEVER DO!!!), ...

What is the BRN treatment?

THE BRN’s TREATMENT OF A RN ACCUSED OF STEALING MEDICATION. For a RN accused of diverting medication, there are 2 options when it comes to the BRN. 1.) you voluntarily enter the Diversion or Intervention Program 2.) the BRN launches its own investigation and imposes disciplinary action accordingly. There is a novel’s worth ...

How does the DA or DEA prove that you diverted?

How does the DA or DEA prove that you diverted? Well, remember that employer interview when you admitted to your supervisor that you had been diverting Fentanyl so they would be merciful? That’s how. Those conversations are not confidential. In fact, NONE OF YOUR INTERVIEWS ARE CONFIDENTIAL! Anything you say to one entity can and will be passed along to the other. This is why we emphatically beg you to not make ANY STATEMENTS to ANYONE without an attorney advising you or present.

What are the red flags for a nurse?

1.) Charting errors comprised of missing doses, improperly wasted medication, Pyxsis discrepancies or giving more frequent medication than the rest of the nurses . 2.) a colleague or coworker suspects the RN of diverting and reports them 3.) a supervisor or coworker suspects the nurse is impaired at work.

What is the term for a RN accused of stealing medication?

RN Accused of Stealing Medication? There is a term used specifically for an RN accused of stealing medication, it is calling diverting, and it happens so often that there is an entire program established by the BRN for such nurses. That program is the Diversion or Intervention Program. Nurses are actually more familiar with ...

Is diversion of medication the same as stealing?

Because diversion of medication is exactly the same thing as stealing, there are a number of entities that are going to make a really big deal out of it. The first is the nurse’s employer. The second is the Board of Registered Nursing and the third is the DEA or District Attorney in the nurse’s jurisdiction.

Can a BRN be accused of diversion?

A BRN investigation may result in an Accusation from the BRN, calling for revocation of your RN license. The Accusation will only be filed if the BRN can prove that you either diverted (which is incredibly hard to prove) or that you were just sloppy with your charting or wasting… which is still enough to accuse you of Incompetence or Gross Negligence (more on that elsewhere on the blog ). In 99% of the cases that we have handled for our registered nurse clients accused of diversion, we are able to keep our client’s licenses from being revoked or suspended.

The Charge

See more on nursingtimes.net

The Background

at The Hearing

Results of The Fitness-To-Practise Panel