According to a May 30, 2023, press release from the Leavenworth County Attorney, a Kansas nursing home resident has pleaded guilty to possession of methamphetamine. The resident, 67, was found to have possessed the controlled substance on November 11, 2022, and she pleaded guilty on May 17.
According to court documents, nursing home staff members discovered an unauthorized pill bottle in the resident’s room. The bottle contained a white substance, which was later tested by a police officer and found to have a presumptive presence of methamphetamine. Prior to the bottle being located, nursing home staff reported that the resident had left with a friend earlier in the week. The resident was questioned by police and admitted the bottle belonged to her.
The resident originally stated that she acquired the bottle from a local thrift store but denied the source of the contents. Later, officers returned to the facility on reports that the resident had written concerning notes. When questioned, she told officers that she had written the notes because she feared going to jail. She also made a statement surrounding her addiction to methamphetamine. Officers determined her admission about methamphetamine addiction gave cause to believe she unlawfully possessed a controlled substance.
Leavenworth County Attorney Todd Thompson said, “We want to thank the alert staff members at this nursing home; their awareness is to be commended.”
Compliance Perspective
Issue
Quality of care is a fundamental principle that applies to all treatment and care provided to facility residents. Based on the comprehensive assessment of a resident, the facility must ensure that residents receive treatment and care in accordance with professional standards of practice, the comprehensive person-centered care plan, and the residents’ choices. If there is a history of substance abuse disorder (SUD), the resident’s comprehensive care plan should contain interventions, if appropriate, to prevent substance use in the facility as well as interventions for when substance use is suspected or identified. Facility staff should implement care plan interventions which should include increased monitoring and supervision of the resident, increased supervision of visitors, and notification of the resident’s physician or non-physician practitioner. For example, a resident displays changes in behavior or unexplained lethargy after his or her visitors leave or other residents report observing the use of substances. When substance use is suspected (in the facility or upon return from an absence from the facility), which could lead to overdose, facility staff should immediately implement the care plan interventions.
Discussion Points
- Review your policies and procedures on SUD, quality of care, and care plan interventions. Update as needed.
- Provide staff education on SUD, including how to recognize the signs and symptoms of substance abuse and to report their concerns to their supervisor. Each nurse should know it is his/her responsibility to complete an assessment and notify the doctor, family, and DON/ Administrator if signs and symptoms exist. Ensure staff know what to do when residents with SUD threaten or lash out, and that it is OK to call the police when behaviors escalate beyond those that staff can safely handle. Offer the person with an SUD supportive education and access to appropriate medical care and support groups. Access the Med-Net Academy Substance Use Category for more information here. Place training documentation in each employee’s education file, and record patient/ resident education in his or her medical record.
- Periodically audit to ensure residents with SUD are receiving appropriate interventions and monitoring and that staff know to report any concerns to their supervisor, the compliance officer, or via the anonymous hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
