Legal & EthicalQuestion 184 of 200

A CNA suspects a coworker is diverting (stealing) controlled substances from the medication cart. The CNA should:

a.Confront the coworker directly
b.Report to the charge nurse and administrator/DON immediately; the facility must notify the DEA, the BRN, and CDPH; the CNA may also report to the Ombudsman or law enforcement
c.Wait until certain before reporting
d.Do nothing because it does not involve the CNA's residents

Explanation

Drug diversion endangers residents (under-medication, contamination, errors). The CNA must report suspicion to the charge nurse, administrator, or DON immediately. The facility is required to investigate, report losses of controlled substances to the DEA under 21 CFR §1301.76(b), notify the nurse's licensing board (BRN for an RN/LVN), and report to CDPH under HSC §1418.91. Confronting the coworker (a) compromises investigation. Waiting (c) risks resident harm. Inaction (d) violates the duty owed to ALL residents. Failure to report may also be misconduct under HSC §1337.9.

Law Reference: 42 CFR §483.12; HSC §1418.91

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