Iowa Nurse Charged with Drug Theft and Tampering
An Iowa nurse working in a nursing home was indicted on July 7, 2019, in a U.S. District Court on 13 counts of acquiring controlled substances by misrepresentation, fraud, deception, and subterfuge. The alleged thefts included hydrocodone, morphine, oxycodone, codeine, and tramadol from at least 14 patients under her care during 2018. The nurse has also been charged with one count of tampering with a consumer product (liquid morphine) by diluting it with mouthwash which resulted in an injury to a patient.
The nurse appeared in federal court on July 16, 2019, and was released on bond. Her trial is set for September 16, 2019.
If convicted on all charges, the nurse faces a possible maximum prison sentence of 62 years, a $3,500,000 fine, and 42 years of supervised release following any imprisonment.
The case was investigated by the Medicaid Fraud Control Unit of the Iowa Department of Inspections and Appeals and the U. S. Food and Drug Administration.
Compliance Perspective
Failure to prevent a staff member from misappropriating residents’ controlled medications and putting a resident in “immediate jeopardy” by removing and then diluting liquid morphine with mouthwash or any other liquid may be considered abuse, neglect, and provision of sub-standard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the control, access, and reconciliation of narcotics to prevent misappropriation of those controlled medications prescribed for residents. Ensure that protocols are in place to prevent misappropriation and tampering by staff members or anyone.
- Train staff on their responsibility to adhere to the policies and procedures for safeguarding controlled narcotics, protocols for reconciling the medications dispensed, and how to recognize and report any suspected misappropriation.
- Periodically audit residents receiving narcotics to ensure that their pain levels are being controlled as anticipated.
