Defending Nurses Accused of Drug Diversion

Drug diversion is defined as the misappropriation of prescription medication without legal authorization, such as when a nurse diverts medication from a pyxis machine. Drug diversion allegations are very serious in nature and could lead to criminal charges if state or federal authorities are contacted.

In numerous cases when employers have fired nurses and reported them to the Georgia Board of Nursing for drug diversion, Frances Cullen of Levy Pruett Cullen has helped guide nurses to the appropriate drug treatment program, assisted them with the Georgia Board of Nursing’s investigation process, helped them locate an appropriate nurse advocate to advocate on their behalf before the Georgia Board of Nursing, and negotiated a more favorable outcome to monitor aftercare following completion of treatment. She has worked with many nurses to help them return to work as a Registered Nurse.

  • For a nurse applicant who had been under a Consent Order in another state, Frances Cullen advised her on closing out the other state’s Consent Order, and obtained the paperwork necessary for her to obtain her license from the Georgia Board of Nursing.
  • In a case where a nurse was criminally charged with Violation of the Controlled Substances Act (VGCSA) for writing fraudulent prescriptions, Frances Cullen represented the nurse in entering the most favorable plea for the crime charged, subsequently advising her about entering into a Consent Order with the Georgia Board of Nursing to enable her to return to the practice of nursing.
  • For a nurse arrested and criminally charged with diverting controlled substances from her employer, Frances Cullen negotiated pre-trial drug court diversion of the case, which resulted in a disposition without court adjudication of guilt or a record of conviction.