Diversion of Controlled Substances

Diversion of Controlled Substances

Diversion of Controlled Substances

Diversion of a controlled substance is the act of misappropriating and misusing the substance for a purpose other than that intended by the manufacturer or supplier.

Diversion of controlled substances occurs in hospitals, nursing homes, home health care, and various other practice settings. Opiates, benzodiazepines, stimulants, and sleeping medications are the most frequently diverted drugs.

Diversion often arises from an addiction, but can also be related to the intended sale or distribution of the drug.  Nurses who use street drugs may eventually resort to diverting controlled substances from the workplace, in part because diverted medications are readily available.

Detecting Diversion of Controlled Substances

Diversion is usually detected through the use of statistical reports derived from controlled substance storage machines, such as a Pyxis machine.

The statistical report compares one individual's withdraw, administration, and waste activities relating to controlled substances with that of the individual's colleagues. If an individual provider's withdraw, administration, or waste patterns deviate too much from the statistical mean of the entire group of users, the individual is highlighted on the statistical report.

Reports obtained from the machine can also highlight too frequent withdraws of a drug, untimely withdraws, or the use of too many dispensing machines.

A healthcare provider may also exhibits signs of drug intoxication at work, such as sleepiness, slurred speech, or diminished mental acuity. Employers often perform fitness for duty evaluations and drug toxicology tests to detect diversion. 

The most common medications involved in licensing board diversion cases are opiates, such as oxycodone, morphine, and fentanyl.  Benzodiazepines, such as Xanax and Valium, are also frequently diverted.

Investigating Diversion Cases

If drug diversion is suspected, an employer will investigate. It will match each medication withdraw with the medication administration record to verify that each dose of medication has been administered per the physician's order, and per policy.

The employer will also examine each drug waste to verify that it was conducted per policy. Interviews with co-workers may also verify that each waste was properly witnessed. In some cases, an employer will review video footage, or conduct an ongoing sting operation, to catch diversion.

Employers frequently require fitness for duty evaluations (i.e. urine or blood toxicology tests) for someone suspected of diversion. Such tests will detect the presence of controlled substances in the body.

Implications of Diversion

Diversion is often reported to the individual's licensing board. Some boards have non-punitive drug rehabilitation programs that allow an individual to get help with an addiction without the need for disciplinary action.

Boards can also open an investigation and prosecute an individual suspected of diversion. Such cases can result in very serious disciplinary action against the individual's license, if the case is not aggressively defended.

Diversion often results in suspension or even revocation of a professional license.

Cory Silkman, Esq.

License Defense Lawyer | Drug Diversion Lawyer

Cory Silkman is one of the most highly respected and sought after drug diversion lawyers defending healthcare providers before their licensing board. He is known for his relentless advocacy and legal skill, and has a proven track record of success in handling both simple and complex cases. Mr. Silkman draws on his background as both an attorney and a registered nurse to fight aggressively on behalf of his clients and protect their legal interests.

Call 410-415-9158 today to discuss your case.
Cory Silkman is a Fellow of The American Association of Nurse Attorneys and handles all licensing board cases.
Cory Silkman is also a Member of the American Health Lawyers Association.

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