Failure to Account for and Prevent Diversion of Controlled Substances
Summary
The facility failed to maintain an effective system for recording, reconciling, and accounting for all controlled medications, which resulted in the diversion of both scheduled and non-scheduled prescription drugs by a staff LPN. The LPN was found in possession of numerous blister packs and loose pills belonging to multiple residents, including controlled substances such as Morphine, Hydrocodone, Lorazepam, Xanax, Gabapentin, and others. Law enforcement discovered these medications during a traffic stop and subsequent search of the LPN's vehicle and home, where a total of 1,929.5 pills were seized. The LPN admitted to taking medications from deceased patients at the facility, and the investigation revealed that the facility's drug destruction process was not properly followed, allowing the LPN to remove medications without detection. Medical record reviews and law enforcement findings identified that the LPN had diverted medications from at least 31 residents, including those with complex medical histories such as diabetes, renal failure, anxiety, chronic pain, and neurological disorders. Blister packs for these residents were found in the LPN's possession, often with all or most pills missing, indicating that the medications were not administered as ordered. In several cases, controlled substance records and medication administration records did not match the actual count of medications present, and discrepancies were confirmed by nursing staff during audits. The facility's policies required strict documentation and reconciliation of controlled substances, but these procedures were not effectively implemented or monitored. Interviews with facility leadership, including the DON and Administrator, revealed that the LPN had been entrusted with the responsibility of removing narcotics from medication carts for destruction, but oversight was lacking. The DON stated that she was unaware of how the LPN was able to divert medications without being detected and that the investigation was hampered by the lack of available documentation, as much of the evidence was in law enforcement custody. Observations during medication cart audits further confirmed ongoing discrepancies in controlled substance counts for multiple residents, demonstrating a systemic failure in the facility's pharmaceutical services and controlled substance management.
Penalty
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