On July 12, 2021, two South Carolina women were indicted by a grand jury on charges of stealing prescription medications from nursing home residents. An investigation conducted by the S.C. Attorney General’s Office Medicaid Fraud Control Unit (SCMFCU), Fountain Inn Police Department, and the S.C. Department of Health and Environmental Control (DHEC) revealed that both defendants used their employment status at a residential care facility to obtain access to controlled substances prescribed to the individuals under the defendants’ care.
The defendants are alleged to have unlawfully possessed controlled substances that were prescribed for vulnerable adults at a facility. In addition, one of the woman is alleged to have trafficked controlled substances, neglected vulnerable adults by failing to provide supervision or medical care, and practiced nursing for a period of time without authorization. Most of the indictments allege that the incidents occurred from October 2019 until June 2020.
One of the South Carolina women has been charged with:
- 1 count of Unlawful Possession of a Controlled Substance
- 3 counts of Attempt to Furnish False or Fraudulent Information
- 1 count of Furnishing False or Fraudulent Information
- 1 count of Unauthorized Practice of Nursing
- 2 counts of Neglect of a Vulnerable Adult
- 1 count of Trafficking in Illegal Drugs, 1st offense
The second South Carolina woman has been charged with:
- 1 count of Unlawful Possession of a Controlled Substance, Schedule IV
- 4 counts of Unlawful Possession of a Controlled Substance, Schedule II
Both of the women will be prosecuted under patient abuse jurisdiction.
Issue:
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 policy and procedures on preventing, identifying, and responding to drug diversion. Update as needed.
- Train all 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 these trainings occurred and file 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.
