According to the Department of Justice, a Massachusetts Registered Nurse (RN) was sentenced on December 20, 2021, for drug tampering. The RN was sentenced to 15 months in prison and three years of supervised release.
While the RN was working at a rehabilitation center, she tampered with three blister card packages of oxycodone. She stole the oxycodone pills and replaced them with prescription drugs that looked similar to the oxycodone pills. The stolen oxycodone belonged to a hospice patient diagnosed with Alzheimerās disease, severe dementia, and breast cancer. This patient was deprived of her needed pain medication for over a month and ingested at least 77 unnecessary prescription tablets of a drug not prescribed for her.
In October 2020, the Massachusetts RN pled guilty to one count of tampering with a consumer product, specifically the Schedule II controlled substance oxycodone, which is used for pain relief.
Issue:
It is the obligation of each nursing facility to protect residents from abuse, neglect, exploitation, and misappropriation of their personal property or funds by facility staff, volunteers, visitors, family members or guardians, another resident, or any other person. A facility is required to report any allegations of misappropriation or exploitation of a residentās funds or personal property to local authorities and to the appropriate state agency. In addition to criminal charges, it is a violation of F602 Free from Misappropriation/Exploitation. Drug diversion is a growing problem in healthcare. Licensed staff who have access to controlled medications may be at risk for committing fraud and theft of these controlled substances if they develop a substance abuse problem. All leaders in healthcare should be aware of the warning signs of a controlled substance disorder and be prepared to address any acts of drug diversion properly and quickly.
Discussion Points:
- Review your policies on misappropriation of residentās belongings or funds to ensure that they meet all requirements of federal or state law and CMS regulations. Additionally, review your policy and procedures on preventing, identifying, and responding to drug diversion. Update as needed.
- Train all staff about abuse, neglect, and exploitation of residents, including misappropriation of their personal belongings or funds, and staff membersā personal liability if they commit any of these violations. Also, train appropriate staff on actions that can be taken to prevent, identify, and respond to any suspicion of drug diversion, and what should be done if it occurs. Document that the trainings occurred, and place the signed document in each employeeās education file.
- Periodically audit to ensure that all controlled substances are accounted for each shift, and that proper documentation of controlled substances has occurred and agrees with medication administration records. Routinely interview residents who receive controlled medications to ensure they are experiencing the intended pain relief.
