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.

Defending Psychologists, Licensed Professional Counselors, and Social Workers

Frances Cullen has represented numerous psychologists, licensed professional counselors, and social workers to defend their license against claims of improper practice, often leading to a dismissal of a board complaint or a more favorable negotiated settlement.

• In an action brought by the Georgia Board of Examiners of Psychologists (The Psychology Board) against a psychologist alleging insufficient oversight of testing conducted by a supervisee, Frances Cullen negotiated favorable disciplinary far less than that proposed by the Board.
   
• Frances Cullen helped negotiate favorable plea terms with no jail time for a Psychologist accused by the State Health Care Fraud Control Unit (SHCFCU) of serious Medicaid fraud violations involving the improper billing of children who were never seen by a psychologist.
   
• In a case wherein the Georgia Board of Examiners of Psychologists (The Georgia Psychology Board) would not terminate a psychologist’s consent order when she had met the terms of the Order, Frances Cullen filed a mandamus action in Superior Court, at which time the Georgia Board of Examiners of Psychologists (The Georgia Psychology Board) acted properly to terminate the Order.

Physicians National Practitioner Data Bank (NPDB)

In a case where a hospital summarily suspended a physician’s clinical privileges, Frances Cullen worked with the hospital to address what they perceived as alleged deficiencies and helped the physician obtain a "void" to remove the negative National Practitioner Data Bank (NPDB) report that would have had a significantly negative impact on his career.