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Lawmaker Says State Needs Background Checks For Nurses

Denver Nurse Accused Of Stealing Meds Lied On Application

POSTED: 4:14 pm MDT July 28, 2009
UPDATED: 7:39 pm MDT July 28, 2009

A 7NEWS investigation has found a nurse accused of stealing medications from a Denver hospital lied on her nursing license application, and now a state lawmaker says the law should be changed.

Jillian Fischer, 43, was arrested July 16 on a charge of obtaining dangerous drugs by fraud or deceit.

Fischer was a lead nurse at St. Anthony's Central Hospital in Denver when police said she stole multiple pain relieving narcotics that included Fentanyl, Vicodin, Dilaudid, Ativan, Morphone and Valium.

The arrest warrant affidavit said Fischer told a colleague she would use the drugs while on duty.

The Department of Regulatory Agencies does not conduct background checks. 7NEWS has learned however that real estate agents and massage therapists are required by law to submit background checks.

Thirty-four states require background checks either from the state, federal or both.

The Colorado Department of Regulatory Agencies said Colorado doesn’t require them because the State Legislature has not mandated the agency to run checks on nurses.

"When they provide the people and the resources that we need to do those background checks, they will be taken care of," said Chris Lines, DORA spokesperson.

Sen. Morgan Carroll-D, Aurora, said there is a problem with Colorado's system and agreed it doesn't make sense that massage therapists and Realtors, or say real estate agents not nurses, are required to submit a criminal background check.

Carroll said the issue is money and Colorado is one of the most fiscally lean states since it requires a balanced budget every year.

Carroll said if the Legislature required nurses to submit a background check they would likely make them pay the fees associated with running one. It’s what many states already require.

Carroll said when they return to session in January, background checks will be just the tip of the iceberg. She said issues like transparency among hospitals in hiring as well as safety measures for the storing and distribution of drugs must also be addressed in light of recent lapses in the system.

"I think there is a need for an audit. We are seeing so many people's lives that have literally been put at risk because of this and it’s frankly something that should have been caught up front," said Carroll.

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