On November 10, 2016, the DEA issued its final decision and order in the case against Jones Total Health Care Pharmacy, L.L.C. (“Jones Pharmacy”) and SND Health Care L.L.C. (“SND”). The
Administrator ordered that the DEA deny Jones Pharmacy’s registration renewal application and also deny SND’s pending registration application. These orders were consistent with the
In the Matter of Hoi Y. Kam, M.D. (October 22, 2013)
In July 2011, the New York Department of Health revoked Dr. Hoi Kam’s medical license on the ground that he previously committed Medicaid fraud and had been excluded from the Medicaid program in 2006. Three months later, however, the State’s Administrative Review Board (ARB)
In the Matter of Joe W. Morgan, D.O. (October 8, 2013)
On April 9, 2012, the DEA issued an Order to Show Cause proposing the revocation of Joe W. Morgan, D.O.’s DEA registration based on his alleged prescribing of controlled substances in “dangerous and excessive,” and potentially lethal, quantities. Dr. Morgan was a DEA-registered physician
In the Matter of Clair L. Pettinger, M.D. (October 3, 2013)
On nine occasions between November 10, 2011 and May 9, 2012, Clair L. Pettinger, M.D. issued prescriptions for controlled substances to undercover law enforcement agents. During these visits Dr. Pettinger failed to conduct sufficient medical examinations, failed to make diagnoses of the medical conditions
Corresponding responsibility is perhaps one of the most commonly misunderstood and/or (unfortunately) unknown concepts found in DEA’s regulations. And yet, enforcement actions against pharmacies are most frequently initiated when a pharmacist fails to exercise his/her corresponding responsibility. I have had countless conversations with practicing pharmacists who are either unfamiliar with the concept of a “corresponding responsibility” or don’t understand how to apply it in their daily practice. The DEA’s regulations (21 C.F.R. § 1306.04) addressing corresponding responsibility state A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of section 309 of the Act (21 U.S.C. 829) and the person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances.