County says San Jose fire may have violated federal law

Santa Clara County’s emergency medical services chief is denouncing the San Jose Fire Department for potential violations of federal law, after this news outlet exclusively reported that Chief Robert Sapien knew about firefighter narcotics thefts — which led to patients receiving drugs from tampered vials — for longer than the city has let on.

In a May 23 letter obtained by San José Spotlight, County Emergency Medical Services Agency Director Nick Clay slammed Sapien for not notifying his office about the incidents, arguing the lack of disclosure violates the city’s EMS agreement with the county. He’s calling on Sapien to conduct a formal review — including a list of all patients who received narcotics from the fire department since January 1, 2023. He’s requested a response from Sapien by June 6.

“Not only do these incidents themselves pose a significant public safety risk, policy violation, and involve potential violation of Federal law, but the lack of notification to the EMS Agency substantially compounds this risk to the public,” Clay wrote.

The county — and the general public — first learned of the issue on April 16, when San Jose officials announced the arrest of a fire captain for allegedly stealing paramedic morphine and tampering with drug kits across as many as 17 fire stations. But emails later obtained and published by this news outlet showed firefighters sounding alarms as early as 2023 — and gave patients morphine out of tampered containers. The city never disclosed these patient exposure reports, even after the fire captain’s arrest.

Clay declined to comment on his letter to Sapien.

Sapien issued a letter Thursday assuring Clay he’s working to address drug oversight lapses.

“The Fire Department and the City are proceeding with the utmost seriousness and regard for patient care and community safety as we advance security enhancements, continue cooperation with law enforcement, conduct ongoing internal inquiry and reforms, and equipment installations — all in response to the apparent criminal activity that compromised Fire Department controlled substance inventories,” Sapien wrote.

He previously told San José Spotlight that law enforcement was contacted about the 2023 incidents, but a suspect was never identified at that time.

“Concerningly, the San Jose Fire Department continues to demonstrate a lack of regard for patient and provider safety, as the EMS Agency has yet to receive an adequate response outlining the steps your department has taken to investigate the matter and implement corrective actions as repeatedly requested in conversations with you since April 16,” Clay wrote. “This lack of resolution not only undermines the integrity of our agreement but also poses legal, ethical, and public safety risks.”

Clay said his agency has cause to believe the fire department violated one or more terms of its agreement with the county for 911 emergency services.

“For example, the Department is required to (1) adhere to all federal, state, and local regulations regarding controlled substances, as well as the internal protocols established for the secure handling, documentation, and accountability of narcotics; (2) meet the system standard of care established by the EMS Medical Director; and (3) avoid any failure of performance that would constitute an endangerment to public health and safety,” Clay wrote.

Mayor Matt Mahan declined to comment.
A few months before receiving email warnings in 2023, Sapien got approval from the San Jose City Council to cut the department’s drug oversight program known as Med 30, which helped report these discrepancies. But the cut didn’t take effect until July 2024, at which time the program’s duties were reassigned across a wider range of personnel.

The union representing Sapien’s rank-and-file has since come out swinging against the Med 30 cut, tying the firefighter drug theft crisis back to this decision. Sapien has defended the decision, arguing that no drug oversight policies changed.

Story updated May 30 at 11:14 a.m. Original story published May 29 at 6:26 p.m.

Contact Brandon Pho at [email protected] or @brandonphooo on X.