What Missouri Nurses Need to Know About Drug Diversion Allegations
Drug diversion is one of the most serious allegations a nurse can face in Missouri. The term refers to the unauthorized use, theft, or redirection of controlled substances—typically from a healthcare employer—for personal use or other non-medical purposes. Whether the accusation arises from chart discrepancies, missing narcotics, or suspicious behavior reported by coworkers, the impact on your nursing license and career can be immediate and severe.
At Sanger Law Office, LLC, we defend Missouri nurses accused of drug diversion. We understand the Board’s priorities and how to protect your license, reputation, and future in the profession. If you’ve been accused, it’s essential to understand what you’re facing—and why you need legal representation as early as possible.
Why Drug Diversion Allegations Are So Serious in Missouri
Under RSMo § 195.010 and the Missouri Nurse Practice Act (RSMo § 335.066), nurses accused of diverting drugs can face:
- Immediate suspension or emergency license restrictions
- Mandatory drug testing or psychological evaluations
- Criminal prosecution for possession or theft
- Permanent damage to their ability to practice nursing in any state
The Missouri State Board of Nursing views drug diversion not only as a breach of professional ethics but also as a public safety threat. Even if a nurse never used the medication, merely being accused of mishandling or improperly accessing controlled substances can trigger full disciplinary proceedings.
Common Signs That Trigger a Diversion Investigation
Missouri healthcare facilities are required by law to maintain strict documentation of all controlled substances. When records don’t match up or medication goes missing, red flags go up quickly.
Investigations often begin based on:
- Missing or incomplete narcotic counts
- Frequent waste reports by a single nurse
- Altered patient charts or MARs (Medication Administration Records)
- Coworker or supervisor complaints
- Discreet surveillance or drug testing following internal reports
You may not even be informed right away that you’re under investigation. Many nurses only learn of the complaint when they’re removed from their schedule or contacted by a Missouri Board of Nursing investigator.
What the Missouri State Board of Nursing Will Look For
If a complaint is filed, the Board may:
- Subpoena your personnel file and medication records
- Interview your supervisors, coworkers, and pharmacy staff
- Examine video footage or facility sign-out logs
- Order a forensic audit of medication usage under your PIN or login
- Request that you submit to an interview, drug test, or mental health evaluation
The Board’s investigators will look for patterns—such as accessing medication outside of scheduled times, failing to document waste properly, or being the last nurse to handle a controlled substance before it went missing.
How Sanger Law Office, LLC Defends Missouri Nurses Accused of Drug Diversion
We understand that not every complaint equals guilt. Some nurses are falsely accused due to recordkeeping mistakes, software errors, or being unfairly targeted by coworkers.
When we take on a drug diversion case, we:
- Review the full disciplinary file and discovery materials
- Investigate whether your facility followed proper reporting and auditing procedures
- Determine whether your due process rights were violated during the internal investigation
- Advise you on whether to submit to a Board-ordered evaluation
- Prepare written responses, evidence, and character references to rebut the claims
- Represent you at all stages—from informal settlement conferences to full administrative hearings
Sometimes, a proactive agreement to monitoring, treatment, or education can result in license retention. Other times, we fight aggressively to get charges dismissed outright.
The Consequences of Not Responding Properly
Failing to take immediate action when you’re notified of an investigation can result in:
- Default findings against you
- Emergency suspension of your license
- Damage to your ability to hold a multi-state license under the Nurse Licensure Compact
- Criminal charges filed alongside the Board’s disciplinary action
Even if you believe the accusation is exaggerated or a misunderstanding, don’t attempt to “clear things up” without legal advice. Anything you say can—and often will—be used as evidence against you.
Can You Keep Your License After a Drug Diversion Allegation in Missouri?
Yes, it’s possible—but it depends on the facts of your case and how early you act. In many cases, Missouri nurses accused of diversion may:
- Enter into a consent agreement that includes probation or treatment
- Demonstrate rehabilitation and retain their license with restrictions
- Show there was no diversion and secure full dismissal of the complaint
If your license has already been suspended or revoked, we can assist you in building a petition for reinstatement once you’ve met all Board requirements, including treatment, sobriety, and continuing education.
Why You Need a Missouri Nursing License Defense Attorney Now
The sooner you contact legal counsel, the better your chances of a favorable outcome. At Sanger Law Office, LLC, we help nurses respond to diversion complaints the right way—from the initial Board contact to full hearings, settlement discussions, and reinstatement petitions.
We understand how terrifying it is to face accusations that threaten your entire career. We don’t judge—we defend. Our job is to make sure your voice is heard, your rights are protected, and your future in nursing remains intact.
Call Attorney Danielle Sanger For a Free Consultation
If you’ve been accused of drug diversion in Missouri, don’t wait for the Board to act. Protect your license—and your livelihood—today.
📞 Call Sanger Law Office, LLC now for a free, confidential consultation:
(816) 520-8040 for Missouri
(785) 979-4353 for Kansas
We have decades of experience defending nurses and healthcare professionals across Missouri and Kansas. Let us help you fight for your license and your future.