Drug Diversion Case Studies

Jacksonville Nurse Pleads Guilty to Tampering with Injectable Painkillers

Jacksonville, Florida

A nurse at Jacksonville-area hospitals repeatedly extracted hydromorphone (Dilaudid) from syringes in hospital inventory during 2017 and 2018, replaced it with saline, and returned the syringes for use on future patients. Hospital records showed she was obtaining drugs for patients and returning them supposedly unused at ten times the rate of her nursing peers, including at least one syringe drawn for a patient who was not hers and had not complained of pain. She pleaded guilty in December 2019 to tampering with a consumer product.

Registered nurse alleged to have diverted controlled substances from a rehabilitation facility in Burlington

Burlington, WI

A registered nurse was alleged to have diverted controlled substances from a rehabilitation facility in Burlington, Wisconsin, on or around December 3, 2019. The Wisconsin Board of Nursing accepted a stipulation and entered a final decision and order on September 10, 2020, accepting surrender of the nurse's license, barring reinstatement for at least one year, and imposing $632 in costs.

Chicago pharmacy technician sentenced to five years for stealing and selling hydrocodone

A former technician at a Chicago discount pharmacy pleaded guilty to conspiring to steal approximately 56,108 hydrocodone pills between October 2015 and December 2017 and sell them outside the pharmacy. According to the DEA release, the theft was concealed by falsifying the pharmacy's inventory to make the pills appear either not received from the distributor or dispensed to patients. The technician was sentenced to five years in federal prison; a co-defendant who pleaded guilty to the same charge received a year and a day.

ICU Nurse Sentenced for Stealing Fentanyl at Parker Adventist Hospital

Parker, Colorado

An ICU nurse at Parker Adventist Hospital in Parker, Colorado, withdrew fentanyl from the automated dispensing cabinet dispensing cassettes using a syringe and saline flushes, at times replacing the stolen drug with saline before returning cassettes to the machine. She pleaded guilty to tampering with a consumer product and was sentenced in November 2019 to 44 months in federal prison.

Pharmacist stole Schedule IV controlled substances from Institutional Care Pharmacy

Tiffin, OH

A pharmacist stole Schedule IV controlled substances from Institutional Care Pharmacy in Tiffin, Ohio, between May and June 2019. The pharmacist was observed on store security camera and admitted stealing lorazepam, tramadol, zolpidem, clonazepam, modafinil, and alprazolam, and retrieved stolen drugs from a purse and residence. The Board found violations including theft of a dangerous drug and possession of a Schedule IV controlled substance, and suspended the pharmacist's license indefinitely while removing an earlier summary suspension.

Pain Clinic Nurse Accused of Replacing Stolen Fentanyl Vials

Greenville, MI

Michigan's Department of Licensing and Regulatory Affairs summarily suspended a registered nurse's license and served an accompanying administrative complaint alleging the nurse stole vials of liquid fentanyl from a pain management clinic and replaced them with other medication similar in appearance to conceal the diversion. The department stated that an order of summary suspension is a temporary measure to protect the public and is not a final determination that the licensee violated the Public Health Code.

Magoffin County Nurse Sentenced for Tampering with Hospital Medication

Salyersville, Kentucky

Kelsie Spencer, a nurse at Paul B. Hall Regional Medical Center, removed vials of the controlled substance butorphanol tartrate (Stadol) from the hospital's drug supply area for her own use, then injected saline back into the vials to conceal the theft. She pleaded guilty in July 2019 to tampering with a controlled substance and was sentenced in October 2019 to 24 months in federal prison.

St. Vincent Healthcare Nurse Swapped Patient's Pain Pills for Acetaminophen

Billings, Montana

A nurse at St. Vincent Healthcare replaced a patient's prescribed hydrocodone with generic over-the-counter acetaminophen on December 6, 2018, to feed her own opioid use. The swap was discovered when the patient noticed she was receiving different-looking pills from this nurse than from other nurses and reported worse pain during her shifts. She admitted the theft when confronted by a manager and pleaded guilty to tampering with a consumer product, and was sentenced in October 2019 to four years of probation.

Queens Supervising Pharmacist Sentenced for Filling Forged Oxycodone Prescriptions

Richmond Hill, Queens, New York

Victor Laperla, the supervising pharmacist at Dale Pharmacy & Surgical Inc. in Richmond Hill, Queens, accepted cash payments to knowingly fill forged prescriptions for oxycodone 30 mg tablets and to sell additional pills outside any valid prescription. An investigation by the New York Special Narcotics Prosecutor's office and the DEA traced roughly 855 oxycodone prescriptions Laperla filled between 2013 and 2018, totaling approximately 158,000 pills. Laperla pleaded guilty on August 8, 2019 to criminal sale of a controlled substance and conspiracy, and was sentenced on August 30, 2019 to four years in prison plus five years of post-release supervision, and was required to surrender his pharmacist license. A pharmacy technician co-defendant faced separate, pending charges for allegedly assisting the scheme.

Texas Board Suspends Care RRX Pharmacy for Hydrocodone

Texas

On August 28, 2019, the Texas State Board of Pharmacy granted petitions for temporary suspension of the pharmacy license of Care RRX Pharmacy and the pharmacist licenses of Ibrahim Zaidan and Gary Lynne Smith. The Board stated that the evidence indicated they were a continuing threat to the public welfare. According to the notice, the pharmacy and both pharmacists dispensed numerous controlled substance prescriptions, specifically combinations of hydrocodone/APAP 10/325 mg and carisoprodol 350 mg, that presented red flags indicating a lack of legitimate therapeutic purpose or medical need over approximately seven months. The suspension orders remain in effect until superseded by later Board orders.

St. Francis Hospital Nurse Turned Off Infusion Pumps to Divert Narcotics

Hartford, CT

A registered nurse at St. Francis Hospital & Medical Center in Hartford turned off patients' narcotic infusion pumps for between two-and-a-half and nearly eleven hours in September and October 2017 and diverted the hydromorphone, fentanyl and morphine for personal use. The state Board of Examiners for Nursing also found the nurse falsified controlled-substance receipt records and failed to document medical and hospital records accurately. The license was suspended for one year with a $2,000 fine, then placed on probation for five years with weekly random drug tests and therapy.

Nursing Facility LPN Took Six Patients' Oxycodone

Glastonbury, CT

A licensed practical nurse at Salmon Brook Health Care, a skilled nursing facility in Glastonbury, took oxycodone tablets intended for six patients in the nurse's care in 2015 and failed to document their medical records accurately. The state Board of Examiners for Nursing placed the license on probation for two years, ordered coursework in professional ethics, medication administration and time management, and barred employment as a nurse for two years.

Wausau Physician Pleads Guilty to Diverting Fentanyl Patches from Patients

Wausau, Wisconsin

Thomas Strick, a family practice physician employed by Aspirus Health Care and working at Aspirus Wausau Hospital and the Aspirus Wausau Family Clinic, prescribed fentanyl patches to patients without a medical need and then instructed them to return the filled patches to him for his own personal use. A DEA investigation of patient prescription records identified more than 100 suspected diversions of fentanyl patches between 2011 and 2018. Strick pleaded guilty on July 18, 2019 to five counts of obtaining fentanyl by misrepresentation and fraud, and faced up to four years in prison with sentencing scheduled for October 2019.

Hartford Hospital Nurse Disciplined for Diverting Opiates

Hartford, CT

A registered nurse at Hartford Hospital had their license placed on probation for four years by the state Board of Examiners for Nursing, which found the nurse abused and diverted opiates and abused alcohol. The consent order requires therapy, random submission to urine screens, employer reports and ethics coursework, bars solo practice, and prohibits any access to or administration of controlled substances for one year.

Georgia Pharmacy Owner Charged Over Fake Prescriptions and Unauthorized Controlled Substance Distribution

Baxley, Georgia

The owner of a Baxley, Georgia pharmacy was charged after a DEA and HHS investigation found he created fake prescriptions billed to Medicare and Medicaid and distributed controlled substances to individuals without a physician's prescription over nearly four years.

Georgia Pharmacist-in-Charge Charged Over False Statements in Controlled-Substance Dispensing Audit

Darien, Georgia

The pharmacist-in-charge of a Darien, Georgia pharmacy was charged after federal investigators found she drafted false and fraudulent statements in response to a DEA regulatory review of her pharmacy's high volume of controlled-substance prescriptions from high-volume prescribers.

Connecticut LPN placed on probation after Massachusetts license suspension for diverting opioids

The Connecticut Board of Examiners for Nursing placed a licensed practical nurse's Connecticut license on four years of probation after her Massachusetts license was suspended. The Massachusetts action cited diverting and/or using Roxanol, Dilaudid and/or oxycodone to excess, inaccurate medical records and falsified controlled substance receipt records; she later surrendered that license. The Connecticut board found she was actively engaged in recovery with negative random urine screens. The article does not state the date of the board's action.

Pennsylvania Doctor Charged With Oxycodone Distribution

Philadelphia, Pennsylvania

Andrew M. Berkowitz, M.D., 60, of Huntington Valley, Pennsylvania, was charged by indictment on June 27, 2019, in Philadelphia. United States Attorney William M. McSwain announced that he was charged with 19 counts of health care fraud and 23 counts of distributing oxycodone outside the course of professional practice and without a legitimate medical purpose. An indictment is only a charge, and the notice did not state any plea, verdict or sentence.

Michigan Doctor Sentenced for Distributing Oxycodone

Detroit area, Michigan

A doctor from the Detroit area, Michigan, was sentenced to 60 months in prison on June 19, 2019, for his role in a scheme to unlawfully distribute opioids. The U.S. Department of Justice notice, relayed by the HHS Office of Inspector General, stated that the scheme involved more than 23,000 pills of oxycodone. The notice did not name the physician or describe how the scheme operated.

Minnesota pharmacy chain pays $225,000 to resolve Controlled Substances Act claims after pharmacist-in-charge diverted opioids

On June 11, 2019, the U.S. Attorney's Office for the District of Minnesota announced that a Minnesota grocery-based pharmacy chain agreed to pay $225,000 in civil penalties to resolve allegations that it failed to keep complete records and maintain adequate controls over Schedule II drugs between 2011 and 2015. According to the allegations, those gaps allowed the pharmacist-in-charge of one retail store to fabricate nine patient accounts and enter numerous false prescriptions in the prescription management system, diverting hundreds of doses for personal use. The chain reported the misconduct to the DEA after discovering it, and the pharmacist-in-charge pleaded guilty in federal court to obtaining controlled substances by fraud. The settlement resolves allegations and is not a finding of liability.

Nurse practitioner forged physicians' signatures to issue unauthorized controlled-substance prescriptions at two Montgomery pill-mill practices

Montgomery, AL

A nurse practitioner was convicted after trial of running two pill-mill operations out of Montgomery medical practices over four years, issuing illegitimate prescriptions for fentanyl, hydrocodone, oxycodone, alprazolam, and methadone. Because she was not authorized to refill Schedule II prescriptions without a physician's approval, she forged physicians' signatures on many of the prescriptions. She was sentenced to 10 years in federal prison, with enhancements for testifying falsely at trial and abusing the trust placed in her as a licensed medical professional.

Physician found guilty of operating a pill mill and prescribing opioids without legitimate medical purpose

Canton, OH

On June 18, 2019, a physician who practiced in Jackson Township was found guilty on 187 counts for operating a pill mill in which opioids and other drugs were prescribed without a legitimate medical purpose. The jury found the physician guilty of involuntary manslaughter, engaging in a pattern of corrupt activity, several counts of aggravated trafficking in drugs, Medicaid fraud, grand theft, tampering with records, and illegal processing of drug documents. Sentencing was scheduled for July 3, 2019.

Louisiana federal settlement with drug distributor over civil penalty claims

On May 24, 2019, the DEA and the U.S. Attorney for the Western District of Louisiana announced a civil settlement with a pharmaceutical drug distributor. Under the settlement the company agreed to pay $22 million to resolve civil penalty claims. The available release text does not describe the specific conduct alleged, and a settlement is not a finding of liability.

Charlotte pharmacy technician convicted of embezzling oxycodone via fraudulent prescription

A pharmacy technician working a drive-thru window at a Charlotte chain pharmacy accepted a $100 payment from an unidentified man and completed an incomplete oxycodone prescription using another patient's information pulled from the pharmacy's patient portal. A pharmacist raised concerns the same day, and the pharmacy's investigators reviewed security footage and the prior day's prescriptions before interviewing the technician, who signed a written statement. A Mecklenburg County jury convicted the technician of embezzlement of a controlled substance under N.C. Gen. Stat. 90-108(a)(14), and the North Carolina Court of Appeals affirmed the conviction in December 2020 over a dissent.

Physician at Green Mountain Family Medicine diverted controlled substances by writing staff members' prescriptions for personal and family use

Rutland and White River Junction, VT

A physician who owned Green Mountain Family Medicine, with offices in Rutland and White River Junction, Vermont, admitted to writing and receiving at least nine controlled-substance prescriptions in staff members' names for his own use from May 2013 through October 2015. The controlled substances included hydrocodone bitartrate and acetaminophen, lorazepam, diazepam, and tramadol. The physician also admitted writing at least four controlled-substance prescriptions in staff members' names for an immediate family member's use, including diazepam and carisoprodol, and altering staff medical records to include false information about the prescriptions. The Board approved a consent order reprimanding the physician, suspending his license for five years with time served from June 21, 2016, prohibiting him from prescribing Schedule II-V controlled substances in Vermont, and imposing a $9,000 administrative penalty.