A registered nurse employed by a Minnesota home hospice agency was responsible for visiting patients in their own homes to provide assessments, medication monitoring, pain assessments and general medical care. Part of that role included contacting patients' providers to obtain any pain medications they needed. The Minnesota Department of Health received an allegation that the nurse had financially exploited patients by diverting their controlled substance medications.
The department investigated under the state's Vulnerable Adults Act and also reviewed the agency's compliance with licensing standards. It concluded that a preponderance of the evidence showed the nurse diverted the controlled substance medications of 24 hospice patients, and it substantiated financial exploitation with the nurse identified as the responsible party. The available report excerpt does not describe how the diversion first came to light or name the specific medications involved.
By the time the report was issued, the nurse was no longer employed by the agency. The department issued the agency a correction order concerning vulnerable adults' right to be free from maltreatment. The nurse was to be notified of the right to appeal the finding, which could be forwarded to the nurse aide registry and to the Department of Human Services for a possible background-study disqualification.
The report was copied to the Minnesota Board of Nursing, the Drug Enforcement Administration, the county attorney, city authorities and the state long-term care and mental health ombudsman offices, allowing each to consider licensing, registration or criminal follow-up. The maltreatment finding is an administrative determination, not a criminal conviction.