A drug dealer who delivered cocaine to a nursing home employee in Lawton has pleaded guilty to a felony count of distribution of a controlled dangerous substance and a felony count of illegal use of a telecommunications device, according to an Oklahoma Attorney General press release on December 6, 2023.
The defendant, 45, delivered cocaine to a nursing home employee while she was working a shift at the facility on Oct. 29, 2020.
The defendant was sentenced to 30 years in prison for each count, set to run concurrently, with all years except the first five suspended. His plea was the result of an investigation by the Oklahoma Attorney General’s Medicaid Fraud Control Unit (MFCU) regarding an alleged theft of medication from the nursing home.
Another nursing home employee was the subject of a separate MFCU enforcement action involving drug-related charges. She pleaded guilty to four counts of distribution of a controlled dangerous substance, larceny of a controlled dangerous substance, using a communication facility or telephone to facilitate the commission of a felony, and possession of a controlled dangerous substance. She was sentenced to a three-year deferred sentence, plus assessments and costs.
Compliance Perspective
Issue
Nursing home employees may be involved in drug-related activities, which can lead to legal and ethical issues. The use, possession, sale, transfer, or distribution of non-medically prescribed controlled substances or of alcohol on the facility’s premises or at any of the facility’s work sites should be prohibited. Any employee found in violation should be subject to disciplinary action up to and including dismissal on the first offense. Employees should be prohibited from possessing paraphernalia on facility premises used in connection with non-medically prescribed controlled substances and from reporting to and being at work while under the influence of alcohol, illegal drugs, or any controlled substance. Failure to prevent diversion of residents’ prescribed controlled medications by staff who sell or take the drugs for their personal use may be considered abuse, neglect, misappropriation, and fraud, in violation of state and federal regulations. Facilities should implement a proactive diversion-prevention program which identifies the types of medications most likely to be taken, signs that diversion has taken place, and signs of impairment.
Discussion Points
- Facilities should have policies and procedures prohibiting drug and alcohol use at work, and all employees should read and sign an agreement stating they understand and will comply with these policies. Policies should also include guidelines for handling medications, reporting suspicious activities, and conducting background checks on employees.
- Staff should receive regular training on drug-related issues. This training should cover topics such as recognizing drug-related activities, reporting suspicious activities, and handling medications. A program titled Drug and Alcohol Policy and Practices is available to all clients on Med-Net Academy in the Substance Use category.
- Periodically audit to ensure that nursing home employees are following policies and procedures addressing drug-related activities. These audits should include reviews of medication logs, employee background checks, and reports of suspicious activities.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
