Cheshire Medical Center To Pay $2M For Violating Drugs Act

Introduction

Cheshire Medical Centre (CMC) in Keene will pay $2 million to address claims that it violated the prohibited drugs Act (CSA) by failing to maintain correct records of prohibited drugs, including opioids.

Due to Cheshire Medical Center's violation of the Controlled Substance Act, prescription narcotics, including potent opioids like fentanyl, were stolen. As a result, an alarmingly high percentage of the medications in CMS's inventory was missing. The attorney said that the discovered shortcomings called for a multi-million dollar fine and a strict remedial action plan. This is one of the biggest drug diversion lawsuit settlements against a hospital in the nation.

A DEA special agent stated that the agency is dedicated to ensuring that all registrants are in compliance with the necessary laws, which are enforced under the Controlled Substances Act. Inaction puts public health and safety in danger and raises the possibility of diversion. To guarantee that these laws and regulations are followed, DEA promises to collaborate with our law enforcement and regulatory partners.

The CSA prohibits the inappropriate use of restricted drugs and the illicit distribution, possession, dispensing, and distribution of these substances, all of which have fueled the opioid crisis. To avoid misuse, the CSA mandates precise inventorying, monitoring, and documentation of each prohibited drug.

After a nurse stole 23 intravenous bags of fentanyl solution from an automated drug dispenser, the Drug Enforcement Administration (DEA) launched an investigation against CMC. In February 2022, CMC first informed the DEA about this theft. Six hundred thirty-four further bags of fentanyl were eventually listed as missing by CMC. On March 3, 2022, the nurse who allegedly took these medications passed away. In April 2022, DEA investigators conducted audits of eight controlled substances at CMC's inpatient pharmacy, which included audits of fentanyl 2ml vial; fentanyl 50 ml vial; fentanyl 50 ml IV bag; midazolam 2ml vial; lorazepam 1ml vial; hydromorphone 4mg tablet; hydromorphone 1 ml vial; and morphine sulphate 1ml vial.

Additional 17,961 missing controlled drug units were found as a result of this audit, and CMC was also found to have a number of associated recordkeeping flaws, including failing to retain appropriate purchase and dispensation records. The audit also showed that CMC did not, among other things, regularly review reports to look for potential diversion, have adequate systems in place to notify it when purchases of controlled substances significantly increased from one month to the next, or enforce various controlled substance security policies.

The agreement put an end to claims that CMC had broken the CSA's and its rules' record-keeping guidelines. In addition to the voluntary enhancements made by CMC before and during the DEA investigation, CMC has committed to additional security and recordkeeping procedures as part of the settlement. The investigation that resulted in the settlement agreement was overseen by the Drug Enforcement Administration.

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