DENVER -- Allegations that a former surgery technician took syringes filled with the potent painkiller Fentanyl and replaced them with used syringes filled with saline solution are raising questions about the need to regulate surgery technicians and assistants.

The Colorado Association of Surgical Assistants submitted an application proposing the licensure of surgical assistants in 2004.

The association's application recommended that a licensing program be administered by DORA (Dept. of Regulatory Agencies), that it contain continuing education requirements and that establishment of qualifications for licensure include minimum education standards.

The Department of Regulatory Agencies conducted a review and decided that regulation was not necessary.

"There was not a substantial level of harm to Colorado residents back then," said department spokesman Chris Lines.

Department regulators concluded that, "The applicant failed to submit compelling evidence of public harm that satisfies the burden of proving that regulation is necessary to protect the public health, safety and welfare."

That could change following the case against Kristen Diane Parker, 26, of Colorado Springs.

The former surgery technician is accused of exposing up to 6,000 people to Hepatitis C when she allegedly exchanged syringes while working at Rose Medical Center in Denver and the Audubon Surgery Center in Colorado Springs.

Authorities said numerous patients at the two medical facilities were injected with the used syringes when medical personnel thought they were administering painkillers.

“When you hear on the news that there are about thousands of people in that window and realize you’re one of them, you’re a little bit upset,” said Pat Miller, a.k.a., the Gabby Gourmet.

Miller underwent an emergency appendectomy at Rose last February, while Parker was still working at the hospital.

Now, Miller is consulting with her own physician.

She told 7NEWS that surgical techs should be regulated.

“If you’re in a hospital where a patient’s life is at risk, absolutely it should be regulated,” Miller said.

Lydia Cross had elective surgery last December. Rather than waiting for a letter from Rose Medical, she went in Monday and had them test her.

"They have a check-in desk. They check you in just to make sure you fell in that window, and then you go do your blood work and (they say) you'll have an answer within two weeks," said Cross.

While she personally isn't to concerned about having been exposed, she said her parents are. "I'm totally confident I'll be okay," said Cross.

Ted Brigham also got tested Monday. "I have other (health) complications, so I certainly wouldn't like to have it. I hear it's incurable," said Brigham.

Brigham is more upset with Parker than Rose Medical Center. "I don't have a problem with drug abuse, so I don't understand it. I know a lot of people do, but to do something like this is pretty amazing. Pretty heartless actually," said Brigham. "To take a dirty needle and put it back on the tray.. it's a contagious blood disease."

Lines said it’s possible that the Colorado Association of Surgical Assistants will request another sunrise review.

“The history now is much different than it was in 2004,” Lines said. “We’ll be looking for another sunrise review to see if, in fact, the profession should be regulated.”

Parker, who is in federal custody, appeared before Magistrate Judge Craig Shaffer Monday afternoon.

She is facing charges of Tampering with a Consumer Product, Creating a Counterfeit Controlled Substance and Obtaining a Controlled Substance by Deception or Subterfuge.

Shaffer ordered that Parker remain in custody until her preliminary hearing and bond hearing are held Thursday.

According to the arrest affidavit, Parker was hired as a “scrub tech” at Rose on Oct. 21, 2008.

Prior to her employment she submitted to a blood test on Oct. 17. The hospital informed her that she tested positive for Hepatitis C.

Rose officials say a health nurse counseled Parker regarding her infection and exposure possibilities on Oct. 20.

On March 23, 2009, a Rose employee reported that she had been stuck by a needle that was in Parker’s top scrub pocket. The employee reported that Parker was in a room that she was not assigned to and that after the accidental needle stick Parker quickly deposited the needle into the sharp’s disposal box.

On April 13, an employee at Rose reported that Parker was found to be in an Operating Room to which she was not assigned. She claimed she was setting up for the next surgery. She was immediately tested for drugs and placed on administrative leave.

On April 20 she submitted a resignation letter to Rose.

On April 21, a Medical Review Officer reported to management that Parker’s drug screen was positive for Fentanyl.

The human resource officer contacted Parker and requested a meeting. Parker failed to show, so the officer notified Parker that her resignation was not accepted and that she was terminated from Rose.

On April 23, Rose reported the incident to the Colorado Department of Public Health and Environment and to the Drug Enforcement Agency.

According to the affidavit, Parker told investigators, “I know, I f**ked up.”

She first denied knowing that she had Hepatitis and then stated that on her first day of employment she was told she might have the infection and should see her personal physician.

“I can’t take back what I did, but I will have to live with it for the rest of my life, and so does everyone else,” she told Detective Dale Wallis of the Denver Police Department.

Parker started working for Audubon shortly after being terminated at Rose.

Authorities said nine patients at Rose tested positive for hepatitis C. The hospital was sending out letters to 4,700 patients who underwent procedures during the time Parker worked there.

The hospital is offering free, confidential and individual testing to everyone who had surgery at Rose Medical Center or at the outpatient surgery department in the Wolf Building at Rose between Oct. 21, 2008 and April 13.

"It is very important everyone who had surgery during the time period and in the locations we've identified be tested, even if they feel healthy, because people infected with hepatitis C often feel no symptoms," Rose Medical Center said in a news release.

Parker is due back in court Thursday for a preliminary hearing and bond hearing. Until then, the judge ordered that she remain in federal custody.

Additional Information:

Rose Medical Center has established a Patient Care Line to answer questions from patients and their families. The hospital ask patients to wait for a letter notifying them if they may be affected before calling. The Patient Care Line will be open from 7 a.m. to 7 p.m. Mountain Time. That number is 303-329-7500.
If you were a patient at Audubon Ambulatory Surgery Center between May 4 and July 1, and have questions, you can call their hot line at 719-867-7500. A certified letter is being sent to 1,200 patients who were potentially exposed with instructions for follow up evaluation.