Asked in Criminal Law for Iowa

Q: What if a person that works at a nursing home is taking penicillin home to give to family without prescription

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1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
  • West Des Moines, IA
  • Licensed in Iowa

A: That would be stealing from the nursing home and, depending on if they were a licensed professional, could be diversion of the drug from a patient. Then it would get into from where in the nursing home the drug were removed. Was it in the hall cart or from the emergency department supply?

Then we have to know about whether they are giving it to a relative or selling it? Might be drug dealing. Or, practicing medicine without a license.

There’s many ways to go with this, but I’d need to know more.

And for what it’s worth. If my office took on the defense and the alleged offender were a nurse, the legal retainer would be at least $15,000; which demonstrates the seriousness of what the alleged crimes and professional misconduct that is involved.

The IBON, the DIA and law enforcement agencies could all be involved with charging the person.

Hope that helps.

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