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Former N.H. medic indicted in pain med thefts

Donald Penney, 48, faces 29 felony charges after allegedly diverting drugs from multiple patients at a hospital

Foster’s Daily Democrat

ROCHESTER, N.H. — A city firefighter is facing 29 felony charges alleging he took pain medication intended for Frisbie Memorial Hospital patients, and that he made false statements in their medical records, while working at the hospital.

Donald Penney, 48, of 15 Snow St., Rochester, allegedly took the drugs Fentanyl and Hydromorphone from patients between April 2012 and August 2013, while he worked as a paramedic at Frisbie.

Penney, a lieutenant at the city Fire Department, is currently on unpaid administrative leave, according to Fire Assistant Chief Mark Dupuis.

Dupuis confirmed Wednesday that Penney, who has been employed at the Fire Department for “quite a while,” has been charged with diverting drugs at Frisbie.

Penney worked as a Frisbie paramedic for the past 20 years, and he was fired from the job in August after hospital officials and state police discovered drugs were being diverted at the hospital.

According to the grand jury indictments issued last week, Penney withdrew Fentanyl from Frisbie’s Pyxis machine under a patient’s name without a doctor’s order, and rather than administering the drug to the patient, he kept it for himself.

Several charges also allege Penney was in possession of Hydromorphone, and that he made false statements in a patient’s medical records, stating he administered Fentanyl and Hydromorphone to a patient, when in fact he did not.

State Police Detective Sgt. Marc Beaudoin said that unlike last year’s drug diversion case at Exeter Hospital, there are no allegations that Penney was injecting patients with needles he had used on himself. The Exeter Hospital case involved serial infector David Kwiatkowski, a traveling medical technician who diverted drugs from patients and infected them with hepatitis C. Kwiatkowski not only infected Exeter Hospital patients, but also patients at hospitals around the country. He was eventually convicted and is serving a 39-year prison sentence.

In Penney’s case, it’s believed that he withdrew the medication, then administered some of the medication to a patient, and then falsely documented that he disposed of the extra drugs, when he actually kept some for himself, said Beaudoin.

Fentanyl and Hydromorphone, both Schedule II drugs, are opioid narcotics used to control pain. Beaudoin said the two drugs have a very high potential of being abused.

Beaudoin said the investigation of the case started on Aug. 13, when Frisbie officials discovered the drugs were being diverted and called the state police. That same day, police conducted an investigation, and Penney was fired from the hospital.

According to Beaudoin, Frisbie officials were cooperative throughout the investigation, and the hospital has tightened up its policies regarding controlled substances since the incident came to light.

“They did everything right,” said Beaudoin about Frisbie officials.

According to Deputy County Attorney Alysia Cassotis, Penney diverted the drugs from multiple patients, and so far it’s not known for certain whether patients were deprived of their pain medication as a result.

While Dupuis on Wednesday could not say how long Penney has been on unpaid leave at the Fire Department, Fire Chief Norm Sanborn told Foster’s in late October that Penney was employed with the department at the time but was “not working.”

According to a statement issued by Frisbie on Wednesday, “Patient safety is a top priority of Frisbie Hospital and we have an outstanding safety record. FMH has several very detailed Controlled Substances Policies and procedures in place which dictate how controlled drugs are to be inventoried and administered. Technologies are also employed which allow us to monitor, track, and intervene when potential deviations from the established policies and procedures are discovered. In some cases drug testing is performed.”

Each of the 29 acts prohibited charges Penney is facing is a special felony, each carrying a maximum sentence of 7½ to 15 years in prison and a $4,000 fine if he is convicted.

According to Beaudoin, the case against Penney went directly to the Strafford County Superior Court for indictment, and he has not been arrested by police in connection to the case.

Penney is scheduled to appear at Strafford County Superior Court for arraignment on Thursday, Jan. 30, at 9 a.m. At that time, his bail will be set by a judge.

An indictment is not an indication of guilt; rather, it means a jury found sufficient evidence to warrant a trial.

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