Two former Trinity Hospice nurses pleaded not guilty Tuesday to charges that they stole drugs from hospice patients between December 2012 and Sept. 8, 2014.

Kim Kochel and April Beckler are each charged in district court in Minot with Class B felony endangering a vulnerable adult, with Class C felony theft of property, and with conspiring to steal drugs, a Class C felony.

Their lawyers had argued that the B felony charge of endangering a vulnerable adult should not stand. At the time the crimes were allegedly committed, the state statute defined a “vulnerable adult” as a person age 60 or over. The statute was revised in August 2017 and specifies an age over 65. Ward County Deputy State’s Attorney Marie Miller had argued that the revised statute is more expansive and defines a vulnerable adult as people of any age who have a substantial impairment.

Judge Todd Cresap said at Tuesday’s hearing that probable cause was met under either version of the statute and he would allow the charge to stand. Attorneys will have to decide which version of the statute to cite if the case goes to trial.

Kochel and Beckler allegedly took drugs prescribed for hospice patients and endangered a patient by diluting medication or giving morphine instead of more potent hydromorphine. They allegedly took the drugs because of drug addiction.

Both women were reported to the North Dakota Board of Nursing in 2014 and voluntarily surrendered their licenses.

Further investigation by Trinity officials last year allegedly turned up multiple instances of “drug diversions” or drug thefts by one or both women.

A pretrial conference in the case is scheduled for August.

– Andrea Johnson