Concord Ledger

Catholic Medical Center (CMC) in Manchester has agreed to pay $300,000 to resolve allegations of violating the Controlled Substances Act (CSA) by failing to maintain accurate records of controlled substances, including opioids, according to U.S. Attorney Jane E. Young.

The CSA aims to prevent illegal distribution, possession, dispensing, and misuse of controlled substances by requiring precise inventorying, tracking, and recordkeeping. "The CSA created a ‘closed system’ of controlled substance distribution so the DEA can better monitor the movement of prescription drugs to end users. The requirement to keep complete and accurate records is crucial for accountability and transparency," said U.S. Attorney Young. She noted that an independent certified registered nurse anesthetist was able to steal controlled substances almost daily over a year without detection.

Acting Special Agent in Charge Stephen Belleau from the Drug Enforcement Administration (DEA), New England Field Division emphasized the importance of compliance: “DEA registrants are responsible for handling-controlled substances responsibly and ensuring that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substance Act.”

The investigation began after CMC reported that Robin Nichols, an independent certified registered nurse anesthetist, had tampered with and diverted liquid fentanyl. On June 12, 2024, Nichols pled guilty to tampering with consumer products. She admitted that on April 15, 2023, she removed fentanyl from a syringe intended for an operating room patient and replaced it with saline and hydromorphone (Dilaudid), diverting the fentanyl for her own use.

Nichols' actions led to false wasting records as she often stole leftover fentanyl from medical procedures instead of discarding it safely. The DEA's audit revealed discrepancies in CMC’s inventory records for seven controlled substances due to inadequate controls against theft and diversion.

While CMC did not admit liability, it fully cooperated with the investigation and has since implemented significant measures to enhance its controls against future incidents.

The DEA led the investigation resulting in this settlement agreement. Assistant U.S. Attorney Raphael Katz handled the case.