An indictment was unsealed charging a registered nurse from Grosse Pointe Park, Michigan, with three counts of tampering with a consumer product, specifically the Schedule II controlled substance fentanyl. He was also charged with one count of theft of medical products by an employee and one count of obtaining a controlled substance by fraud. The announcement was made by Acting United States Attorney Julie Beck on February 6, 2025.
According to the indictment, while working as a registered nurse in a hospital emergency room, the defendant tampered with vials containing fentanyl, a powerful narcotic pain reliever, which he knew were intended to be administered to patients in the hospital’s emergency room. The indictment charges that the defendant removed fentanyl from the vials, replaced the fentanyl with another liquid, and returned the tampered vials to the locked drug storage system. He recklessly exposed patients to the danger of tampered fentanyl.
The indictment also charges that the defendant stole fentanyl vials as part of a pattern of thefts over a nine-month period and obtained fentanyl by fraud for his personal use. He was removed from his position at the hospital in August of 2022 when the tampering and thefts were discovered.
Acting United States Attorney Beck stated, “Such crimes are a betrayal of the trust placed in licensed medical professionals. To protect the health and safety of our citizens, we take crimes like this seriously and pursue those in positions of trust who choose to harm others.”
The defendant made his initial appearance on the indictment before a Magistrate Judge of the United States District Court for the Eastern District of Michigan. He was released on a bond with conditions that included not seeking employment as a nurse.
The maximum penalties provided by statute for these offenses include up to 10 years of imprisonment for each of the three tampering counts, up to 5 years of imprisonment for the theft count, and up to 4 years of imprisonment for the acquiring by fraud count. Each count also carries a maximum fine of $250,000.
Compliance Perspective
Issue
Failure to prevent the diversion of residents’ prescribed controlled medications by staff who may sell or take the drugs for personal use can constitute abuse, neglect, misappropriation, and fraud, violating both state and federal regulations. Staff involved in diversion often develop methods to conceal their actions. Facilities should implement a proactive diversion-prevention program that identifies the medications most likely to be diverted, recognizes signs that diversion has occurred, and identifies signs of staff impairment.
Discussion Points
- Regularly review your facility’s policies and procedures related to the prevention, identification, and response to drug diversion. Ensure these policies are up-to-date and comply with both state and federal regulations, taking into account emerging methods of diversion and new challenges that may arise.
- Ensure that appropriate staff are trained on the actions they can take to prevent, identify, and respond to any suspicion of drug diversion. Training should include education on the impact of drug diversion on residents as a form of abuse and neglect. Emphasize the responsibility of staff to report concerns immediately and explain the consequences of theft or diversion of controlled substances. Med-Net Academy offers three training programs in its Substance Use category, which can support staff education in these areas.
- Implement periodic audits to ensure all controlled substances are accounted for each shift, and confirm proper documentation of controlled substance handling. Audits should be thorough and involve the review of records to detect any discrepancies. Including your consultant pharmacist in this process can help ensure proper oversight and identify any potential issues.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
