Failure to Safeguard and Report Diversion of Resident Medications
Penalty
Summary
The deficiency involves the facility’s failure to safeguard resident medications and ensure services met professional standards of quality when an LPN diverted non‑narcotic medications belonging to multiple residents without the knowledge of facility administration. Record review showed that ten residents, most with impaired cognition and multiple medical diagnoses, had prescribed medications documented on their MARs, including hydroxyzine for anxiety, several antibiotics (Macrobid, cephalexin, cefadroxil) for treatment or prophylaxis, Levsin as needed, prednisone daily, and a scopolamine patch. These medications were ordered and recorded as being administered over various time frames, but were later found in the possession of the LPN outside the facility. A State Board of Pharmacy investigation, initiated after notification from local law enforcement, determined that the LPN had 31 blister packs of various medications, two pill bottles containing white powder, and one transdermal patch, all identified as patient‑specific medications belonging to approximately 20 residents, including the ten residents cited in the deficiency. The medications were able to be removed from the facility without anyone noticing or reporting the theft. An email from the Pharmacy Board to the DON on the date of the investigation stated that a former employee was found in possession of numerous patient‑specific medications and that these medications had been removed from the facility without detection or reporting to the Board of Pharmacy. Interviews with facility leadership showed that administration did not recognize or act upon the diversion as a reportable incident involving misappropriation of resident property. The Administrator stated that when the Pharmacy Board investigator came to the facility, she was not given resident names or specific medications and therefore did not complete a self‑reported incident to the State agency, and she left the meeting believing the diversion had occurred at another facility. The DON, hired after the diversion period, reported she had been kept in the dark about the investigation and could not provide adequate information. These actions and inactions occurred despite a facility policy on Abuse Prohibition, revised in 2022, which required that allegations of misappropriation of resident property, including diversion of resident medications, be reported and thoroughly investigated.
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