Massachusetts Nursing Home Nurse Indicted for Drug Diversion in Two Facilities
A 32-year-old registered nurse who had worked in two Massachusetts nursing homes has been indicted on one count of tampering with a consumer product and one count of acquiring a controlled substance by fraud or deception. The nurse tested positive for morphine in an incident on July 18, 2017.
The indictment alleges that on March 17 and 18, 2019, the nurse tampered with morphine sulfate prescribed for an 89-year-old hospice resident. She attempted to hide her diversion by replacing most of the morphine she extracted with another liquid reducing the amount of morphine in the container to 26%. The diversion caused the resident to experience unnecessary pain.
In addition to the March 2019 diversion, the nurse while working at another facility in 2016 and 2017, is alleged to have diverted morphine from two bottles prescribed for a 68-year-old resident. As in the previous diversion incident, the nurse diluted the morphine in the two bottles leaving only 1.2%-2.5% of the declared concentration of morphine.
The charges carry a maximum sentence of 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Compliance Perspective
Failure to secure, continuously monitor, and reconcile controlled substances, i.e., morphine prescribed for pain management of terminally ill residents, may be considered provision of sub-standard quality of care and a violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the securing, monitoring, and reconciliation of controlled medications.
- Train staff regarding the policies and procedures for securing, monitoring, and reconciliation of controlled medications, including reporting any suspected instances of diversion to their supervisor or through the Hotline.
- Periodically audit residents who are receiving narcotic medications for alleviating pain to determine if there are instances where the medication being dispensed is not controlling the level of pain it is intended to control.
