Diversion Case Studies

Hudson Valley nurse surrendered licenses after admitting unordered medication withdrawals she could not account for

A nurse from Washingtonville, New York, who held both practical and registered nurse licenses admitted to withdrawing medications for patient administration when no physician's order existed, on more than one occasion, and failing to account for what became of those medications through administration, wastage or otherwise. The Board of Regents granted her application to surrender both licenses in an action announced in March 2017. The summary does not identify the drugs involved or the workplace.

VA Hospital Pharmacy Employees Charged with Stealing and Selling Opioids

Little Rock, Arkansas

Three employees of the VA John L. McClellan Memorial Veterans Hospital in Little Rock, Arkansas, were charged in a federal indictment unsealed February 8, 2017, with conspiring to steal prescription medications, including opioids, and distribute them. A pharmacy technician used his VA access to a medical supplier's web portal to order and divert roughly 4,000 oxycodone pills, 3,300 hydrocodone pills, 308 ounces of promethazine with codeine syrup, and thousands of Viagra and Cialis pills at a cost to the VA of about $77,700, with a street value exceeding $160,000, falsifying payment invoices to avoid detection. Investigators determined he distributed a portion of the drugs to another pharmacy technician, who in turn passed some to a pharmacy technician trainee; all three were charged with conspiracy to steal and distribute the medications.

Minnesota pharmacist diverted hydrocodone, zolpidem and tramadol for years and altered records; license suspended indefinitely

A Minnesota pharmacist began diverting hydrocodone/acetaminophen tablets from pharmacies where he practiced in mid-2012, less than a year after completing residential treatment for alcohol addiction, and later added zolpidem. When hydrocodone moved to Schedule II in late 2014 he switched to diverting tramadol, and by summer 2016 he was consuming up to 15 zolpidem and 25 tramadol tablets a day. He admitted using the drugs while on duty and altering pharmacy records to conceal the diversion, and the Board of Pharmacy suspended his license indefinitely.

MedStar Ambulance Paramedic Supervisor Charged with Tampering with Fentanyl and Morphine

O'Fallon, Illinois

Jason Laut, a paramedic supervisor for MedStar Ambulance Inc. in the Metro East St. Louis area, was charged in a 37-count federal indictment returned January 18, 2017, alleging he falsified documents and records between January 2013 and May 2015 to conceal his theft of fentanyl and morphine from ambulance supplies. Evidence showed Laut tampered with at least 85 fentanyl vials by puncturing the tamper-resistant packaging with a needle, withdrawing the drug, and replacing it with water or saline. He was later convicted by a jury on all 38 counts, including wire fraud, false statements, identity theft, and tampering with a consumer product, and was sentenced on August 21, 2018, to 111 months in federal prison.

Pharmaceutical distributor pays record $150 million penalty over unreported suspicious controlled-substance orders

One of the nation's largest pharmaceutical distributors agreed to pay a record $150 million civil penalty for alleged violations of the Controlled Substances Act, announced by the U.S. Attorney's Office for the District of New Jersey and DEA. The government alleged the distributor failed to design and implement an effective system to detect and report suspicious orders of controlled substances, despite having agreed to a $13.25 million penalty and compliance program for similar allegations in 2008. The nationwide settlement requires staged suspensions of controlled-substance sales from distribution centers in four states, enhanced compliance obligations for five years and an independent monitor. The resolution is a civil settlement of alleged violations.

Traveling nurse surrendered license after admitting to stealing fentanyl from Massachusetts hospital

Newburyport, MA

A traveling nurse surrendered a license in 2017 after a disciplinary affidavit alleged the nurse stole fentanyl, morphine and hydromorphone from Anna Jaques Hospital in Newburyport, Mass. The affidavit alleged about 40 vials of 100mcg fentanyl were missing, and the nurse later admitted to the Massachusetts Board of Registration in Nursing to stealing 27 doses of fentanyl for patients who had already been discharged.

Carlsbad Pharmacy Technician Pleads Guilty to Stealing Oxycodone

Carlsbad, New Mexico

Amber Kay Otero, a pharmacy technician at Southwest Pharmacy in Carlsbad, New Mexico, was investigated after DEA received a report of theft or loss of controlled substances from the pharmacy, and admitted to intentionally taking oxycodone pills from a bottle at the pharmacy for her own consumption. The criminal complaint alleged she had stolen approximately 20,344 oxycodone tablets of various strengths while employed there from May 2012 through April 2015. She pleaded guilty on December 20, 2016, to the misdemeanor offense of unlawfully possessing a controlled substance, prosecuted as part of New Mexico's HOPE Initiative targeting opioid-related harm.

New Mexico pharmacy technician pleaded guilty after oxycodone theft report from Carlsbad pharmacy

A former pharmacy technician at a Carlsbad, New Mexico pharmacy pleaded guilty in federal court in December 2016 to the misdemeanor offense of unlawfully possessing a controlled substance. The investigation began after the DEA received a report of theft or loss of controlled substances from the pharmacy, and the criminal complaint alleged the technician stole approximately 20,344 oxycodone tablets of various strengths. In the plea, the defendant admitted to having worked as a pharmacy technician at the pharmacy from May 2012 through April 2015. The case was prosecuted under New Mexico's HOPE Initiative.

Casper physician suspended over alleged excessive painkiller prescriptions and oxycodone conspiracy

Casper, WY

The Wyoming Board of Medicine summarily suspended a Casper physician's license after reviewing allegations of excessive painkiller prescribing to multiple patients, including high amounts of oxycodone, methadone, and fentanyl. The board found the physician prescribed controlled substances to a patient with whom he was in a relationship and stated he may have conspired to acquire scheduled drugs by deception for use by someone other than a patient. The physician was arrested and charged with one count of conspiracy to distribute oxycodone.

Illinois nursing home nurse diverted hydrocodone by falsely recording resident requests

A nurse at a long-term care facility in Belleville, Illinois was convicted of unlawful possession of a controlled substance after facility staff reported suspected hydrocodone diversion to state police. Investigators found the nurse had falsely documented residents' requests for their as-needed hydrocodone when no such requests were made, and diverted the doses for personal use. The nurse was sentenced to two years of felony probation and 30 hours of community service. The announcement does not give the sentencing date.

MedStar Georgetown University Hospital Employee Charged with Forging Oxycodone Prescriptions

Washington, DC

According to the U.S. Attorney's Office for the District of Columbia, a former administrative employee at MedStar Georgetown University Hospital was indicted on federal charges after allegedly using a blank prescription pad belonging to a nurse practitioner to forge and fill prescriptions for oxycodone. The indictment alleges eight separate instances between April and June 2016 involving about 600 pills; the employee was arrested in August 2016. The indictment is an allegation, and the source does not describe a plea or verdict.

Illinois emergency room nurse diverted hydromorphone from Pekin hospital

An emergency room nurse at a hospital in Pekin, Illinois was convicted of unlawful possession of a controlled substance after a state police investigation. Investigators reported the nurse obtained hydromorphone while on duty and diverted it for personal use. The case was referred to the Attorney General's Medicaid Fraud Bureau and resulted in a sentence of two years of felony probation and 30 hours of community service. The announcement does not give the sentencing date.

New Jersey hospital nurse reprimanded after hydromorphone ampules found tampered with

A registered nurse was terminated from a New Jersey community medical center in or around November 2015 for suspected diversion of hydromorphone after pharmacy staff found two single-dose ampules had been tampered with. According to the consent order, the nurse told employer investigators she had accidentally discarded two doses, split a third ampule between two patients, and refilled the empty ampule with saline. The Board of Nursing found the conduct was professional misconduct and issued a reprimand; the order was entered without admissions, and the nurse had voluntarily enrolled in the Board's monitoring program with negative drug screens.

DC hospital administrative assistant indicted over forged prescriptions for 600 oxycodone pills

A former administrative assistant at a Washington, DC university hospital was indicted in federal court in October 2016 on eight counts of distributing oxycodone and eight counts of obtaining a controlled substance by fraud. Prosecutors alleged that between April and June 2016 the employee used a blank prescription pad belonging to a nurse-practitioner to write fraudulent prescriptions that yielded about 600 oxycodone pills. The employee had been arrested in August 2016 and pleaded not guilty in DC Superior Court, where the case was to be dismissed in favor of the federal prosecution. An indictment is an accusation only.

Mississippi registered nurse's license revoked over medication misappropriation and unauthorized drug possession grounds

The Mississippi Board of Nursing's October 2016 disciplinary summary lists a registered nurse whose license was revoked. The cited grounds were the statutory provision covering dependence on habit-forming drugs or misappropriation of any medication, and unprofessional conduct in possessing, obtaining, furnishing or administering drugs to any person, including self, except as legally directed. The summary does not name a drug or workplace and does not say whether the revocation followed a hearing or an agreed order.

Mississippi registered nurse's license revoked over unauthorized drug possession and misappropriation grounds

The Mississippi Board of Nursing's October 2016 disciplinary summary lists a registered nurse whose license was revoked with recommendations. The cited grounds were unprofessional conduct in possessing, obtaining, furnishing or administering drugs to any person, including self, except as legally directed, and misappropriation of drugs, supplies or equipment. The summary does not identify the drug, the workplace, or the content of the recommendations.

Mississippi registered nurse's license revoked over unauthorized drug handling and falsified records grounds

The Mississippi Board of Nursing's October 2016 disciplinary summary lists a registered nurse whose license was revoked with recommendations. The cited grounds were unprofessional conduct in possessing, obtaining, furnishing or administering drugs to any person, including self, except as legally directed, and falsifying or negligently making incorrect entries or failing to make essential entries on records. The summary does not name a drug or workplace.

New Mexico pharmacy technician charged federally after 20,000-plus oxycodone tablets reported stolen

A former pharmacy technician in Carlsbad was arrested by the DEA on a federal criminal complaint charging theft of medical products. The pharmacy had reported that 20,344 oxycodone tablets of various strengths were missing, and the technician was identified as the suspected thief. The complaint contains allegations only, and the defendant is presumed innocent unless proven guilty.

Tufts Medical Center Pays $100,000 to Settle Controlled Substances Recordkeeping Violations

Boston, Massachusetts

Tufts Medical Center reached a $100,000 civil settlement with the U.S. Attorney's Office to resolve allegations of negligent recordkeeping of its controlled substances, announced during National Prescription Opioid and Heroin Epidemic Awareness Week. The government alleged the hospital failed to maintain accurate inventories and associated records, failed to keep tight control of prescription pads, and failed to make required reports to DEA about thefts or significant losses of controlled substances associated with three former nurses. Tufts cooperated fully with the investigation, agreed to permit DEA to conduct warrantless administrative inspections for three years, and implemented new recordkeeping procedures and security measures including cameras and lockboxes; the settlement was announced September 20, 2016.

Registered nurse admitted diverting controlled dangerous substances while working in an Oregon regional corrections system

Wasco County, Oregon

A registered nurse who had inactivated his New Jersey license and moved to Oregon admitted diverting controlled dangerous substances while working as a nurse in the Northern Oregon Regional Corrections system, and voluntarily surrendered his Oregon nursing license in 2013. He was also convicted in Oregon of Supplying Contraband, Theft and a controlled substance offense. After returning to New Jersey and participating in the Board's Recovery and Monitoring Program, the Board reprimanded him and granted his petition to reactivate his New Jersey registered nurse license, conditioned on continued compliance with the monitoring program.

Northern Maine Medical Center Pays $125,000 to Settle Controlled Substances Act Allegations

Fort Kent, Maine

Northern Maine Medical Center (NMMC), a hospital in Fort Kent, Maine, agreed to pay $125,000 to resolve allegations that it violated the Controlled Substances Act at Forest Hill, its long-term care and skilled rehabilitation location. The government alleged NMMC negligently failed to maintain records documenting the amount, date, and manner of destruction of Schedule II through V controlled substances at Forest Hill and its on-site pharmacy, at times recording only that a drug was "wasted," and that it unlawfully distributed controlled substances at Forest Hill without a separate DEA registration covering that location. NMMC admitted no wrongdoing but cooperated fully with the investigation, and the settlement was announced August 29, 2016.

Cleveland-area diet clinic pill mill indicted for trafficking phentermine and scheduled stimulants

Cleveland, OH

A 227-count indictment charged a clinic owner, a physician, a nurse, and other employees with running a pill mill that illegally sold more than a million doses of weight loss medication through Diet Med Clinics in Mayfield Heights, Fairview Park, and Mentor. The indictment alleged Engaging in a Pattern of Corrupt Activity, Drug Trafficking, and Money Laundering; a physician was accused of using credentials to purchase large quantities of scheduled stimulants while having little or no patient contact as hundreds of thousands of doses were dispensed directly from the clinics. The defendants were scheduled for arraignment September 1.

New Haven man pleaded guilty in fraudulent oxycodone prescription ring that used runners at Connecticut pharmacies

A 32-year-old New Haven man pleaded guilty in federal court in Hartford to one count of conspiracy to distribute and possess with intent to distribute oxycodone. Investigators said the organization manufactured fraudulent oxycodone prescriptions, bought legitimate prescriptions from individuals, and used runners to fill them at pharmacies across Connecticut. Between February 2013 and September 2015 the group allegedly stole the identifying information of more than 50 doctors and medical professionals and obtained more than 80,000 units of oxycodone. Eleven people were charged in the investigation.

New Haven oxycodone ring used forged prescriptions and stolen prescriber identities

A New Haven man pleaded guilty in federal court to one count of conspiracy to distribute and possess with intent to distribute oxycodone. According to court documents, the organization manufactured fraudulent oxycodone prescriptions, bought legitimate prescriptions from individuals, and used runners to fill them at pharmacies across Connecticut. Investigators said the group stole the identifying information of more than 50 doctors and medical professionals and obtained more than 80,000 oxycodone pills between February 2013 and September 2015.

Advanced practice nurse diverted phentermine through unauthorized prescriptions at Seacrest Village

Little Egg Harbor, NJ

A registered nurse and advanced practice nurse working at Seacrest Village in Little Egg Harbor, New Jersey, was found by the Board of Nursing to have called in multiple phentermine prescriptions under a collaborating physician's name and DEA number without authorization. The nurse admitted writing phentermine prescriptions for facility staff members and herself using the physician's pre-signed prescriptions. The Final Order of Discipline suspended her registered nurse license and advanced practice nurse certificate for a minimum of three years and imposed a $5000 civil penalty.