Nurse’s Charges of Tampering With Drug Records Reversed

October 21, 2013

In State v. Evilsizer, a nurse working at a nursing home was charged with tampering with drug records.

This month a report published from the Court of Appeals showed the defendant’s charges reversed.

In the case, Evilsizer had written in her medication administration record (MAR) that she had given three Oxycodone tablets to her patient.  She confessed to the fact that when the patient refused two of the tablets, Evilsizer kept them for herself.  She was then charged because she had made or uttered a false or forged prescription for a controlled substance.

The Court of Appeals reversed this charge on the basis that the defendant offered the patient an amount of medication within the prescribed amount from the patient’s doctor, so the error came when Evilsizer did not properly dispose of the medication and include that information in the notes on her MAR.

Since a prescription is something that the patient is supposed to have in the future, and the defendant’s misdeed was not adding notes about something that happened in the past but instead keeping the medication, the Court of Appeals reversed the charges that she had made or uttered a false or forged prescription.

Read more about the case here.

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