If you were to
steal a narcotic (i.e. morphine, oxycodone, cocaine, codeine, hydromorphone,
etc.) or benzodiazepine (i.e. Ativan, Valium, etc.) in Canada you would be
arrested and charged with crimes related to possession of a controlled
substance and likely theft as well. You will in all likelihood get a criminal record.
In Canada, the dirty
little secret is that if your physician or nurse steals narcotics or
benzodiazepines from the hospital that they work in, they will likely never be arrested – and will likely be back to work and maintain their license to practice (albeit
with some restrictions) after they have received “treatment” for their “addiction”.
This will not be court-ordered therapy, but “treatment” arranged either
through the hospital’s employee assistance program (EAP) or as required by the
physician’s or nurse’s regulatory body.
They will likely
never be arrested and rarely, if ever, receive a criminal record - even if they are arrested.
Additionally, many
physicians and nurses obtain these substances by withholding them from patients
[Criminal Negligence and Assault] and administering a placebo such as sterile
water or saline or another drug [Assault].
Nurses who are
unionized will likely only receive a suspension while in “therapy” or at least
be hired back without prejudice – because their addiction is treated as a
disease - and the criminal activity that sustains the addiction is ignored.
Yes, physicians and
nurses work long hours, they have stressful jobs, their patients die, etc.
Some of them have
chronic pain issues.
Some have sad
stories and horrible upbringings.
Well boo hoo….!!!
A lot of professions
work long hours, under stressful conditions, and many have to see people die
under far worse conditions.
A lot of people
have chronic pain issues….and do not have the well paying jobs that are
inherent in healthcare.
A lot of people
have sad stories and horrible upbringings.
The relative ease
of access should mean healthcare professionals should be held to a higher
level of accountability –NOT lower.
The fact that
healthcare providers are both educated about and exposed to the negative
consequences of addiction in patients is also reason to expect a higher level of accountability.
I say this as a
healthcare professional, and someone who has suffered chronic pain issues for
years.
I have never become addicted. I have never
stolen drugs to satisfy an addiction.
If I do…throw the book at me!
If you want to
create efficient deterrence for healthcare providers, the law needs to by fully
applied to them.
Do the crime, do the time!
Why are hospitals not automatically calling
the police to report these thefts? It is not up to the hospital to
determine if there is sufficient evidence.
That is the role of the police and the justice system. Just
make the call - even if the perpetrator is not known.
Perhaps we need to require urine drug screens from all employees that had access to the missing controlled substance before they leave for the day if we are unable to determine who stole them - as they do in the United States.
Perhaps we need to require urine drug screens from all employees that had access to the missing controlled substance before they leave for the day if we are unable to determine who stole them - as they do in the United States.
In Canada, the
punishment for Theft (because that’s
what it is), as prescribed in the Criminal
Code is:
334. Except where
otherwise provided by law, every one who commits theft
o
(i) of an indictable offence and is liable to
imprisonment for a term not exceeding two years, or
o
(ii) of an offence punishable on summary conviction,
where the value of what is stolen does not exceed
five thousand dollars.
[Emphasis added]
In Canada, the
punishment for Criminal Negligence
as prescribed in the Criminal Code
is:
221. Every one who
by criminal negligence causes bodily harm to another person is guilty of an
indictable offence and liable to imprisonment for a term not exceeding ten years.
[Emphasis added]
In Canada, the
punishment for Assault as prescribed
in the Criminal Code is:
266. Every one who
commits an assault is guilty of
In Canada, the
punishment for Aggravated Assault as
prescribed in the Criminal Code is:
(2) Every one who commits an aggravated assault is
guilty of an indictable offence and liable to imprisonment for a term not
exceeding fourteen years.
[Emphasis added]
In Canada, the
punishment for Unlawfully Causing Bodily
Harm as prescribed in the Criminal
Code is:
269. Every one who
unlawfully causes bodily harm to any person is guilty of
In Canada, the
punishment for illegal Possession of Substance
(narcotics) as prescribed in the Controlled
Drugs and Substances Act is:
o (a) is
guilty of an indictable offence and liable to imprisonment for a term not
exceeding seven years; or
o (b) is
guilty of an offence punishable on summary conviction and liable
§
(i) for a first offence, to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceeding six months, or to
both, and
§
(ii) for a subsequent offence, to a fine not exceeding
two thousand dollars or to imprisonment for a term not exceeding one year, or
to both.
[Emphasis added]
In Canada, the
punishment for illegally Obtaining
Substance (narcotics or benzodiazepines) as prescribed in the
Controlled Drugs and Substances Act
is:
o (a) is
guilty of an indictable offence and liable
§
(i) to imprisonment for a term not exceeding seven years,
where the subject-matter of the offence is a substance included in Schedule I, [narcotics]
§
(ii) to imprisonment for a term not exceeding five years
less a day, where the subject-matter of the offence is a substance included in
Schedule II,
§
(iii) to imprisonment for a term not exceeding three
years, where the subject-matter of the offence is a substance included in
Schedule III, or
§
(iv) to imprisonment for a term not exceeding eighteen months,
where the subject-matter of the offence is a substance included in Schedule IV;
or [benzodiazepines]
o (b) is guilty
of an offence punishable on summary conviction and liable
§
(i) for a first offence, to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceeding six months, or to
both, and
§
(ii) for a subsequent offence, to a fine not exceeding
two thousand dollars or to imprisonment for a term not exceeding one year, or
to both.
[Emphasis added]
Links:
Criminal Code: http://laws-lois.justice.gc.ca/eng/acts/C-46/
Controlled Drugs
and Substances Act: http://laws-lois.justice.gc.ca/eng/acts/C-38.8/
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