Nurse Sentenced to 37 Months in Jail for Tampering with and Stealing Medications
A former nurse employed by the Roswell Park Comprehensive Cancer Center in Buffalo, NY, has been sentenced to 37 months in prison for tampering with and stealing controlled medications intended for cancer patients.
Kelsey A. Mulvey, 30, of Grand Island, NY, worked as a registered nurse at Roswell Park between February 2018 and June 2018. On June 27, 2018, Mulvey was observed accessing a medication dispensing machine in a room to which she was not assigned and left carrying a backpack. She was placed on administrative leave pending an investigation and later resigned. The investigation concluded Mulvey had stolen hydromorphone, methadone, oxycodone, and lorazepam from the automated medication dispensing systems.
In June and July 2018, six patients at Roswell Park became ill with waterborne infections. The investigation concluded that Mulvey had replaced the hydromorphone in the vials with water to hide the theft. Roswell Park has a zero-tolerance policy and immediately notified the New York State Department of Health, the NYS Department of Education, the Bureau of Narcotics and Tobacco Enforcement, U.S. Drug Enforcement Agency, and NYPORT about the drug theft and tampering. The U.S. Attorney’s Office charged Mulvey with tampering with a consumer product, acquiring controlled substances by fraud, and criminal violations of the Heath Insurance Portability and Accountability Act (HIPAA). Prosecutors said the drug thefts resulted in a failure to properly administer medications for 81 Roswell Park patients.
Mulvey faced a maximum jail term of 10 years for the offenses. She entered into a plea agreement and pleaded guilty to one count of tampering with a consumer product. The criminal HIPAA violations and other charges were dropped as part of the agreement. Mulvey also agreed to surrender her nursing license. Roswell Park said that after the theft was discovered, new surveillance systems were implemented, policies and procedures were reviewed and updated, and staff training and education were increased concerning drug diversion.
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