A registered nurse has pleaded guilty to tampering with a consumer product, specifically the Schedule II controlled substance fentanyl. The announcement was made on May 8, 2025, by United States Attorney Jerome F. Gorgon Jr., who was joined by Special Agent in Charge Ronne Malham of the FDA Office of Criminal Investigations, Chicago Field Office.
The defendant, 53, of Grosse Pointe Park, Michigan, worked as a registered nurse in a hospital emergency room. In his guilty plea, he admitted to tampering with vials containing fentanyl, a narcotic pain reliever, which he knew were intended for administration to emergency room patients. He removed fentanyl from the vials, replaced it with another liquid, and returned the tampered vials to the hospital’s locked drug storage system. He acted with reckless disregard for the risk to patients resulting from this conduct.
The defendant also admitted that he stole fentanyl vials as part of a pattern of thefts over several months. He was removed from his position at the hospital in August 2022, when the tampering and thefts were discovered.
United States Attorney Gorgon said, “Licensed medical professionals are supposed to be healers. Most are. When instead of healing they create a serious risk of harm to patients, the community must and will be protected. This Office will prosecute such cases to the fullest extent of the law.”
Compliance Perspective
Issue
Failure to prevent the diversion of residents’ prescribed controlled medications by staff who may sell or take the drugs for personal use can constitute abuse, neglect, misappropriation, and fraud, violating both state and federal regulations. Staff involved in diversion often develop methods to conceal their actions. Facilities should implement a proactive diversion-prevention program that identifies the medications most likely to be diverted, recognizes signs that diversion has occurred, and identifies signs of staff impairment.
Discussion Points
- Regularly review your facility’s policies and procedures related to the prevention, identification, and response to drug diversion. Ensure these policies are up-to-date and comply with both state and federal regulations, taking into account emerging methods of diversion and new challenges that may arise.
- Ensure that appropriate staff are trained on the actions they can take to prevent, identify, and respond to any suspicion of drug diversion. Training should include education on the impact of drug diversion on residents as a form of abuse and neglect. Emphasize the responsibility of staff to report concerns immediately and explain the consequences of theft or diversion of controlled substances. Med-Net Academy offers three training programs in its Substance Use category, which can support staff education in these areas.
- Implement periodic audits to ensure all controlled substances are accounted for each shift, and confirm proper documentation of controlled substance handling. Audits should be thorough and involve the review of records to detect any discrepancies. Including your consultant pharmacist in this process can help ensure proper oversight and identify any potential issues.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*