A federal district judge in South Florida sentenced a registered nurse (RN) to more than two years in prison for tampering with medical-grade fentanyl which was intended to treat patients’ pain during cardiac catheterization procedures at a Miami hospital. The announcement was made on March 18, 2025.
The defendant worked as an RN at a Miami hospital’s cardiac catheterization lab. While on duty from July 10 to August 18, 2023, he used a syringe to extract liquid painkillers (medical-grade fentanyl and midazolam) from their vials for his personal use. He replaced them with saline solution, knowing that the liquid in the vials would be dispensed to hospital patients for pain relief during medical procedures, such as cardiac catheterization and stent placement.
In addition, the RN retrieved empty and discarded vials from the biohazard waste disposal bin, filled them with saline, and used them to replace vials that he stole. This waste disposal bin contained other contaminated medical waste. His conduct not only exposed patients to the risk of unnecessary pain, but also put them at risk of contracting Hepatitis C and other bloodborne diseases.
After the tampering was discovered, the hospital fired the RN, notified affected patients of possible contamination, and offered them free blood testing. No acute infections were discovered.
On May 15, 2024, in a separate state prosecution, the RN admitted to stealing fentanyl from another Miami area hospital in March 2023.
Compliance Perspective
Issue
Experts estimate that 17.1 percent of the US population struggles with impairment from alcohol or drug dependency. Nurses, due to their access to medications in the workplace, may be at a higher risk of developing substance use disorders compared to the general population. Given this, it is critical for each facility to implement proactive diversion-prevention programs. The consequences of failing to do so can lead to a negative impact on residents’ quality of care, legal and ethical concerns, and the potential for high scope and severity citations when a diversion problem is uncovered. Nurses who divert medications often use various methods to conceal their actions. Therefore, efforts must focus on identifying the types of medications most likely to be diverted, recognizing signs of diversion, and identifying symptoms of impairment in staff.
Discussion Points
- Review and update your policies and procedures on preventing, identifying, and responding to drug diversion as needed.
- Provide training for appropriate staff on how to prevent, identify, and respond to suspected drug diversion. Educate staff on the impact of drug diversion on residents, treating it as a form of abuse and neglect. Emphasize staff responsibility to report concerns immediately and outline the consequences of theft of controlled substances.
- Implement regular audits to ensure that all controlled substances are accounted for each shift, and that proper documentation of controlled substances is maintained. Your consultant pharmacist can assist with this process.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
