(Spokane, WA) Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that Mid-Valley Hospital and Clinic in Omak, Washington, agreed to pay a $15,000 Controlled Substances Act penalty and to institute corrective actions in regard to its pharmacy and controlled substances policy and procedures.
To protect the public, the Controlled Substances Act and its implementing regulations place legal responsibilities on medical professionals to ensure that controlled substances are prescribed, dispensed, and used for medically-appropriate purposes and in a safe manner. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription to ensure that prescriptions are legitimate, safe, and medically appropriate. This responsibility includes reviewing controlled substance override reports to make sure controlled substances are being administered correctly.
In the settlement announced today, Mid-Valley Hospital admitted that beginning in late 2021 and ending in October 2023, nurse Eileen Lombardi regularly stole doses of the drug Dilaudid, which is a brand name for hydromorphone HC1, for her own personal use. Lombardi would take left over medications after administering a patient’s dose for her personal use, rather than wasting the remaining medication as required. Lombardi also entered overrides into automated medication dispensing systems to obtain additional doses of Dilaudid that she took for personal use.
Mid-Valley admitted that it had not enacted sufficient controls to catch the Lombardi’s theft of controlled substances. Specifically, while Mid-Valley pharmacy technicians regularly printed out controlled substance override reports for review by the Pharmacy Director, he routinely filed them away without reviewing them, which enabled Lombardi to continue diverting Dilaudid for two years. Mid-Valley has subsequently engaged an outside consultant to review its pharmacy and controlled substance policies and procedures.
The Washington Department of Health has entered an agreement with Lombardi under which she will be required to be enrolled in the Washington Healthcare Provider Services program for one to five years, during which time she will not have direct access to controlled substances. Additionally, the U.S. Attorney’s Office has entered into a criminal diversion agreement with Lombardi that matches the terms of the Washington Department of Health agreement, as well as a requirement that she does not seek a re-issue of her Drug Enforcement Administration (DEA) registration until no earlier than November 2025 and recognizing that reinstatement will be entirely at the discretion of the DEA.
“Nurses play a vital role in providing life-saving care. They have access to powerful drugs that can lead to crippling addiction. It is important that hospitals and pharmacies have proper checks and procedures in place to ensure these medications are accounted for and used appropriately and safely,” stated U.S. Attorney Waldref. “I am grateful that Mid-Valley Hospital quickly accepted responsibility and has taken steps to comply with its obligations going forward.”
“The Drug Enforcement Administration ensures that medical providers and facilities follow established laws and procedures while dispensing controlled substances”, said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “DEA holds medical professionals to a high standard to protect public safety and ensure accountability, and this settlement demonstrates DEA’s resolve to maintain these standards.”
The settlement was the result of a joint investigation conducted by the U.S. Attorney’s Office for the Eastern District of Washington, DEA’s Seattle Field Division, Diversion Group and the Food and Drug Administration, Office of Criminal Investigation. Assistant United States Attorney Jeremy J. Kelley handled this matter on behalf of the United States.