Recht & Kornfeld Blog

In the last several months we have seen many cases of nurses stealing drugs from their hospital employers. This is not a new phenomenon, but rather is getting more attention of late. Professionals are not immune to the epidemic of drug abuse and addiction. However, licensed professionals face far more consequences than individuals without a professional license.

An accusation, and certainly a guilty finding can impact a professional licensure-even permanently. For many, treatment may avoid the worst licensure consequences. More and more, the court system is questioning the purpose of incarcerating a drug addicted individual.

Denver Drug Court is leading the nation in coming up with a solution to this problem.

Drug Court is a program for defendants charged with possession, sale, dispensing, or possession with intent to sell, or manufacturing of a controlled substance in cases involving less than 24 grams or less of a controlled substance. It is a specialized court designed to give offenders incentive to successfully complete treatment and take responsibility over their addiction and recovery. Individuals are almost immediately placed on probation and into a recovery program. They have regular meetings with their probation officer and with the Drug Court magistrate. This is a treatment program where the courts are involved in the recovery of a defendant without the constant threat of incarceration. Drug Court recognizes that addiction is not merely a choice and a probation officer insisting on abstinence of use is not effective.

In the case of nurse Jillian Fischer, charged with six counts of Obtaining a Controlled Substance by Fraud or Deceit, each a class five felony punishable by 1-3 years in prison, her attorney is working on having her admitted to Denver Drug Court. If admitted to the program, she may not even have a conviction when all is said and done. While this may solve the addiction situation and bring a quick end to her criminal charges, the fight with the Board of Nursing is just beginning.