A 29 year old Chicago nurse is charged with two counts of tampering with a consumer product. It is alleged that the Chicago nurse removed morphine from bottles that were prescribed to two patients and replaced it with another liquid. The nurse was aware that the diluted substance would be dispensed to the patients.
The nurse was employed as an Assistant Director of Nursing in a medical rehabilitation center. The indictment alleges that in August 2021 she tampered with the liquid morphine with reckless disregard and extreme indifference for the risk that the patients would be placed in danger of bodily injury.
U.S. Attorney John Lausch stated, “Patients deserve to have confidence that they are receiving the legitimately prescribed medication and not a diluted substance. Health care practitioners who illicitly tamper with prescription drugs will be prosecuted to the fullest extent of the law.”
The nurse is presumed innocent and entitled to a fair trial at which the government has the responsibility of proving guilt beyond a reasonable doubt. Each count in the indictment carries a maximum sentence of ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Issue:
It is the obligation of each nursing facility to protect residents from abuse, neglect, exploitation, and misappropriation of property or funds. A facility is required to report any allegations of misappropriation or exploitation to local authorities. 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 commit fraud and theft of controlled substances if they develop a substance abuse problem. All leaders in healthcare must 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 resident’s belongings or funds and management of controlled medications. 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 personal property or funds, to include prescribed medications, and staff members’ 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. Periodically provide retraining on your policy for management of controlled substances. Document that the trainings occurred, and place the signed document in each employee’s education file.
- Periodically audit to ensure that your procedures for managing controlled substances are followed from time of arrival at the facility until final disposition occurs. Compare controlled substance logs with documentation on the MAR and in progress notes. Ensure that controlled drugs are accounted for each shift, and that proper documentation of all controlled substances has occurred.
