A former nurse at a Houston, Texas, hospital has been sentenced to 120 days in Harris County Jail, four years of probation, and a lifetime ban from practicing nursing in Texas for stealing drugs meant for patients, District Attorney Kim Ogg announced on August 31, 2024.
The nurse was arrested last year after being caught manipulating the hospital’s medication-dispensing system to steal drugs for personal use. She was found guilty of repeatedly accessing the dispenser to remove vials of fentanyl and hydromorphone and replacing their contents with saline.
Surveillance footage revealed the nurse injecting fentanyl into her hand and using a syringe to drain and refill vials with saline. The thefts occurred between April 20 and May 10, 2023. The hospital’s internal audit first uncovered the issue when suspiciously altered vials were discovered and tested.
Further investigation, including video analysis and interviews, confirmed that the nurse had accessed drugs without valid orders. The hospital promptly notified the Drug Enforcement Administration (DEA) and the Houston Police Department, who then pursued the case.
The nurse, who had been fired, admitted to similar behavior at a Dallas hospital. There, she was found with empty vials and tested positive for morphine, hydromorphone, and marijuana. Despite being fired, she was hired by the Houston hospital, where her actions were eventually discovered.
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 statistic. Given their access to medications in healthcare settings, it is estimated that around one in ten nurses may struggle with substance use disorders. This makes it imperative for healthcare facilities to implement proactive diversion-prevention programs to mitigate risks and ensure patient safety. Failing to establish such programs can lead to severe consequences, including diminished quality of patient/resident care, significant legal and ethical issues, and potentially severe citations when diversion problems are discovered. Nurses who divert medications often use sophisticated methods to conceal their actions, making early detection challenging. To effectively combat drug diversion, healthcare facilities must focus on identifying high-risk medications, recognizing signs of diversion, and monitoring indicators of nurse impairment. By addressing these areas proactively, facilities can better safeguard against the negative impacts of drug diversion and maintain high standards of care.
Discussion Points
- Regularly review and update your policies and procedures on preventing, identifying, and responding to drug diversion. Ensure they reflect current best practices and regulatory requirements.
- Provide comprehensive training for appropriate staff on preventing, identifying, and responding to drug diversion. Education should include the impact of drug diversion on residents, highlighting it as a form of abuse and neglect; staff responsibilities for reporting any suspicions immediately; and the legal and ethical consequences of diverting controlled substances. Document all training sessions and place signed acknowledgment forms 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 that all controlled substances are accounted for at each shift change and that proper documentation is maintained. Involve your consultant pharmacist in the auditing process to ensure thorough oversight.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
