A registered nurse working in a hospital emergency room in Florida was reported by a co-worker who said they had seen syringes in the nurse's work bag. Hospital staff searched the nurse's locker and bag and found two pre-drawn 1 mg hydromorphone syringes. The syringes were mostly empty, containing only about 0.05 cc.

The nurse said the medication must have been drawn up and not wasted after administration, explaining that the usual practice was to waste into a sharps container before administering, give the dose, and discard the syringe. In this instance, the nurse believed the syringes had gone into a scrub pocket and then fallen into the work bag when the scrubs were changed. The nurse agreed to a drug test, which came back negative. The hospital nevertheless accused the nurse of misappropriating hospital drugs and supplies and reported the matter to the Florida Department of Health.

The Department of Health issued a letter of intent alleging diversion, malpractice and unprofessional conduct for misappropriating hospital supplies. In response, the nurse's counsel denied the allegations, presented mitigation, and argued that no actual drug discrepancies had been identified and that the negative drug test undercut any claim of impairment.

The case was presented to a probable cause panel of the Board of Nursing, which decided there was no probable cause to issue a formal administrative complaint and dismissed the case without a finding. The account comes from the nurse's defense firm and reflects an allegation that was never adjudicated.