On October 21, 2021, a former Utah Nurse was sentenced to 36 months in federal prison after being convicted in a federal jury trial for three counts related to fraudulently obtaining and tampering with a schedule II opioid, hydromorphone. The former nurse was also sentenced to an additional term of 36 months of federal supervised release after his discharge from federal prison.
The defendant was employed as a nurse on a surgical and trauma unit. A jury had previously found that the former nurse had diverted hydromorphone from pre-loaded syringes for his own personal use, and then replaced the pain medication with saline solution before the syringes were placed back into circulation for medical use by other hospital staff to administer to patients. Additionally, the former nurse was convicted of making false statements to a special agent from the Food and Drug Administration (FDA) about his illegal activity while under investigation for his crimes.
Acting United States Attorney Andrea T. Martinez stated, “We hope that this sentence of three years in federal prison deters every healthcare professional from using or diverting prescription narcotics. We commend the work of the hospital staff who discovered and reported the illegal activity along with the work of our partners at the FDA for investigating this matter.”
Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office stated, “The FDA oversees the U.S. drug supply to ensure that it is safe and effective, and those who knowingly tamper with medicines put patients’ health at risk. We will continue to protect the public health and bring to justice healthcare professionals who take advantage of their unique position and compromise their patients’ health and comfort by tampering with needed drugs.”
Issue:
It is the obligation of each nursing facility to protect residents from abuse, neglect, misappropriation, and exploitation. It is a violation of federal and state regulations for any persons, including facility staff, volunteers, visitors, family members or guardians, or another resident, to exploit or misappropriate a resident’s personal property, to include medications intended for the resident. 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 be at risk for committing fraud and theft of 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 resident’s belongings or funds to ensure that they meet all regulatory requirements. 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 belongings or funds, 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. Document that the trainings occurred, and place the signed document in each employee’s education file.
- Periodically audit to ensure that all controlled substances are accounted for each shift, and that proper documentation of all controlled substances has occurred.
