A Colorado Registered Nurse (RN) was sentenced to 12 months in federal prison for obtaining controlled substances using fraud and deception while she was on the job as a Registered Nurse at a hospital in Colorado. Following her term of incarceration, she will serve one year of supervised release.
Per court documents, the RN used her position to access the rooms of patients she was not assigned to care for in a separate unit of a Colorado hospital. The defendant falsely and fraudulently told patients that she was conducting a “study” on the effectiveness of Patient-Controlled Analgesia (PCA) pumps which deliver controlled substances to hospital patients to relieve pain on-demand when the patient pushes a button. The RN then used a key to open the machines that secured the syringes of hydromorphone that was to be dispensed to the patients. She then would remove a portion of the drug from the syringe, which she kept, then would return the syringe to the patient’s PCA pump. The RN illegally obtained controlled substances in this way from three patients on four occasions. When confronted by law enforcement regarding her actions, the RN lied about the diversions and persisted in her false story that she was engaged in a study with a well-known university. The defendant acted with obstructionist conduct by producing to law enforcement a false e-mail that she stated came from a friend who asked her to participate in the research. The defendant created the false e-mail herself using a fictitious e-mail account she created in the name of this alleged friend.
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….Those healthcare professionals who fraudulently obtain needed medicines from patients put those patients’ health at risk. Today’s announcement should serve as a reminder that such conduct will not be tolerated.”
Issue:
It is the obligation of each nursing facility to protect residents from abuse, neglect, 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 funds or personal property, to include medications prescribed by a healthcare practitioner. A facility is required to report any allegations of misappropriation or exploitation to the State Agency and to local authorities. In addition to criminal charges, misappropriation of residents’ medications is a violation of F602 Free from Misappropriation/Exploitation. Drug diversion is a growing problem in healthcare. All healthcare leaders and licensed nurses 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 include medications, and ensure that they meet all federal and state 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 residents’ personal property, to include 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. Document that the trainings occurred, and place the signed document in each employee’s education file.
- Routinely audit to ensure that all controlled substances are accounted for each shift, and that proper documentation of all controlled substances has occurred.
