A Florida nurse was arrested on November 20 for diverting fentanyl from his hospital employer. The 35-year-old nurse, from St. Petersburg, Florida, faces charges of unlawfully acquiring or obtaining controlled substances through misrepresentation, fraud, forgery, deception, and subterfuge.
According to court documents and statements made during proceedings, the defendant, employed as a travel nurse, fraudulently acquired and stole vials of fentanyl on at least 143 occasions from a New Jersey hospital between January 22, 2024, and February 14, 2024. Using his position, he bypassed the hospital’s automated medication dispensing system, overriding the requirement for a doctor’s order to dispense fentanyl. He then wrote prescriptions for the fentanyl to a designated patient, even though he was not authorized to prescribe controlled substances.
The nurse would dispense the fentanyl but fail to administer or dispose of it properly, or dispense it for a patient who had already been discharged. Similar fraudulent actions occurred during his employment at hospitals in Florida and Pennsylvania.
The charge of unlawfully obtaining or acquiring controlled substances by fraud carries a maximum penalty of up to four years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greater.
Compliance Perspective
Issue
Substance use disorders affect approximately 10–15 percent of the general population in the United States, and nurses are not exempt from this. However, nurses face a distinct risk due to their ability to access controlled substances in healthcare settings. Because as many as one in ten nurses could be affected by a substance use disorder, it is critical that each healthcare facility implements a proactive diversion-prevention program to mitigate risks, protect patient safety, and reduce liability. Failing to establish such programs can result in serious consequences, including compromised patient care, significant legal and ethical challenges, and costly citations. Nurses who divert medications often use sophisticated methods to conceal their actions, making early detection difficult. Healthcare facilities must focus on identifying high-risk medications, recognizing signs of diversion, and closely monitoring nurse impairment to prevent these issues. By addressing these areas proactively, facilities can better safeguard patients, maintain high standards of care, and minimize organizational risk.
Discussion Points
- Regularly review and update your policies and procedures on preventing, identifying, and responding to drug diversion. Ensure that these policies reflect current best practices, regulatory requirements, and the latest research. Policies should be reviewed at least annually or whenever there are changes in law or practice.
- Provide comprehensive training for appropriate staff on preventing, identifying, and responding to drug diversion. Training should be tailored to the specific roles of staff (nursing, pharmacy, administration) and emphasize the impact of drug diversion on residents, viewing it as a form of abuse and neglect. Include information about staff responsibilities for immediate reporting of suspicions, as well as the legal, ethical, and professional consequences of diverting controlled substances. Ensure training documentation is completed, including signed acknowledgment forms, and placed in each employee’s education file. Med-Net Academy offers three PowerPoint training programs in our Substance Use category; visit MNA to access these resources.
- Conduct periodic audits to ensure all controlled substances are properly accounted for at each shift change, and that documentation is accurate and up to date. Involve your consultant pharmacist in the auditing process to ensure thorough oversight.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
