November 2023
The following are several drug diversion news stories that have captured our industry’s attention.
Wisconsin woman gets 15 months prison for stealing fentanyl while working as nurse
A federal judge sentenced a former nurse to 15 months in federal prison after stealing fentanyl from a Janesville, Wisc. hospital. An audit revealed that the nurse had “an excessive pattern of fentanyl overrides and wastes” compared to other colleagues in 2021. When confronted with the findings, she refused to take a drug test and resigned instead. An investigation found that she would withdraw vials of the drug, replace it with saline, then superglue the vial cap back on before returning it to the dispensing cabinet.
EMS worker charged with stealing drugs
Mercer County, Ohio authorities indicted a member of an emergency medical services (EMS) facility on felony charges of medication theft. After a routine inventory review revealed that some drugs were missing from a secure medication box, the country sheriff’s office began an investigation that led to the eventual arrest of a volunteer at the facility. The suspect is currently held without bond until further orders are given.
Colorado Supreme Court says health providers may be sued for reporting drug theft
The Colorado Supreme Court ruled that healthcare facilities in the state could be held liable to lawsuits when investigating potential prescription drug theft, in contrast to immunity that workers themselves may face. The ruling stemmed from a drug diversion case reported by a hospice care facility that led to the voluntary suspension of a nurse’s license. However, no criminal charges were ever filed, and the former nurse proceeded to sue the facility alleging their investigation was faulty and may have damaged her reputation. The court ruled that the reporting supervisor had immunity from the suit, but not her employer. An appeal filed by the facility claimed this could lead other healthcare organizations to think twice about investigating prescription drug theft.
Nurse pleads guilty to drug tampering, infecting patients with hepatitis C
Five years after her arrest at a Canadian border crossing, a nurse agreed to plead guilty to charges of tampering with patients’ medications at a Tacoma, Wash. area hospital. An investigation on the outbreak of hepatitis C virus (HCV) among 12 patients at the hospital in 2018 revealed that the nurse took their painkillers intravenously before using the same syringe to administer the drugs. Following her arrest after attempting to flee the country, the nurse was able to avoid an indictment until September 2023, when she agreed to a plea deal that could see her face up to 10 years in prison, a $250,000 maximum fine and additional years of conditional release and probation.
Nurse wanted for stealing over 600 vials from a hospice facility turns herself in to officials
Authorities in North Carolina arrested a nurse after she turned herself in on charges of embezzlement of controlled substances. While working at a hospice facility in Alamance County, an audit found that the nurse was responsible for 600 vials of hydromorphone missing. Officials put out a warrant for her arrest in late September 2023; within days, she turned herself in to be subsequently arrested. No evidence of tampering with patient medications has been found thus far.
Minnesota nurse charged with fraudulently obtaining painkillers
U.S. Attorney Andrew M. Luger announced the indictment of a registered nurse who fraudulently obtained opioid pain medications from a hospice care facility in Baxter, Minn. The registered nurse case manager allegedly entered false requests into the clinic’s e-prescription software to obtain oxycodone, hydromorphone and fentanyl for personal use. She claimed that she had been doing this and selling the drugs because “she needed the money.” Sentencing is currently pending in Crow County court.
Higher buprenorphine doses associated with improved retention in treatment for opioid use disorder
A study funded by the National Institutes of Health found that individuals with opioid use disorder (OUD) who were prescribed a lower buprenorphine dose were 20% more likely to discontinue treatment than those on a higher dose, suggesting a reevaluation of current treatment practices. The study conducted in Rhode Island during a four-year span showed that patients prescribed a recommended 16mg dose of the drug were “significantly more likely” to discontinue treatment over 180 days compared to those prescribed 24 mg. Researchers claim that the study’s findings provide more evidence to changing current clinical guidelines, some of which may be wary of the drug in treatment of OUD.
National Prescription Drug Take Back Day removes nearly 600,000 lbs of unneeded prescription medications across the U.S.
The Drug Enforcement Administration held its annual National Prescription Take Back Day on October 23, in which the agency and local law enforcement collected unneeded medication at municipalities around the country. This year, nearly 600,000 pounds of prescription drugs were gathered at over 4,600 sites, adding to the over 17 million pounds collected in more than 10 years of the initiative. The DEA insists upon the removal of unnecessary medications from homes due to many intended and unintended consequences, including diverting drugs for ilicit gain or irresponsible use.
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Drug diversion makes headlines – but who are the humans behind them?
Drug diversion can generate serious headlines. When a healthcare worker is found to have stolen medication for personal use, investigations are lengthy and lawsuits are often filed. Fears of patient harm and tarnished reputations will keep administrators awake at night. The suspect’s name will reverberate through the news, social media and state licensing boards. A selfless, passionate doctor can publicly turn into a criminal diverter overnight.
But who is the person behind the diversion – and what compelled her to commit such an act?
Jen was born to a working-class family in South Carolina. As an only child, she received all the love and affection from her parents, who instilled a love of science and writing in her. Although they struggled financially, their support enabled her to attend medical school, completing a move to Atlanta, where she thrived as a doctor, academic and health advocate for underserved communities in big cities around the East Coast. She loved focusing on her work, even in school, staying home for a night in rather than attending college parties.
At the peak of her career, she received some life-altering news: her parents’ health was worsening, forcing her to leave her work and return to her hometown in the Palmetto State. She immediately found work at a local hospital, but her new role denied her of the chance to do so much of the advocacy and academic work she adored – not to mention moving her away from her friends and colleagues she loved.
“When I moved back, it was a big change for me,” she explained. “It brought back some memories of shame about childhood poverty that I had left behind. It was something as little as driving past a store where my family could not afford something for me. I missed my friends and my career, and I could barely sleep through all of this.”
The move back and the ending of a prior relationship contributed to a case of depression that was suddenly worsened by the onset of the COVID-19 pandemic in 2020. Within months, Jen had gone from great heights in the big city to a chaotic, lonely return to an understaffed hospital in her hometown during a global health crisis. But with her parents needing the help, she pushed through her problems to serve her community as best as she could.
“I was exhausted from those long days but couldn’t really sleep, so I started taking sleep medication to take naps,” she recalled. “Even on a day off, I would take a pill to forget some of what I had seen in my last shift, or to feel refreshed before my next shift. I began having suicidal thoughts, but it was embarrassing to talk about with my friends and colleagues. I needed to step away, but how could I do so when all my colleagues were understaffed?”
Ironically, that fear of the stigma kept her from acting on those thoughts, and she kept taking pills to sleep through the worst moments. In the summer of 2021, Jen finally found time for a vacation, leaving the country on a trip abroad. But she continued to take sleeping pills during the trip. Later in the summer, she suffered a seizure while driving that opened her eyes to the severity of her substance use. But by that time, it was too late.
“When I told my psychiatrist what had happened, he stopped writing prescriptions for me,” she said. “I thought this was a positive because it meant I was taking less than before, but I was still getting them through prescriptions I wrote for friends and family. So, I decided to check into a recovery center and treat this issue at last.”
That was an important first step to recovery, but she needed to take time off from her work to focus on her own health. So she went to the chair of her department to admit to some of her problems before requesting the time off.
“I mentioned to him I may have a problem with sleeping medications, which surprised him,” she said. “He did not think I needed to go to a recovery center originally as my work had never suffered and I had exhibited little to no signs of this. So, I felt like I could trust him and that no further action was going to be necessary.”
While working one day in January 2022, her division chief asked to speak with her at the hospital lobby. When she arrived, she was escorted into a private room where she met two officials – one from the state medical board, and one from a state law enforcement agency.
“I remember there was a gun and a badge on the table,” she recalled. “They wanted to ask me some questions, and one of them said she was there in the capacity of law enforcement agency.”
An investigation into her abuse of sleeping meds, and writing prescriptions for herself, had begun. The officials asked questions about the extent of her abuse and even the names of the friends and family she had written the prescriptions for. Once a whirlwind series of questions were asked, she was quickly escorted off the premises.
“I never went back to work after that,” she said, emotionally. “My supervisor was sweet enough to check in on me and get my purse for me, but he suggested I take the rest of the day off. But I never stepped foot in there again. That day was the closest I’ve been ending it all.”
Jen teared up. “I never even got my stethoscope back.”
Jen’s story will continue in the December 2023 issue of DDWatch.
If you or someone you know or work with has a substance use disorder, please don’t hesitate to seek help. Call the SAMHSA National Helpline at 1-800-662-4357 for confidential free help from public health agencies to find substance use treatment and information.
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