Category Archives: DEA Final Orders

Review of Administrative Actions

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DEA Decisions: In the Matter of Wesley Pope, M.D.

An Oklahoma doctor wrote 19 Schedule II controlled substance prescriptions for a patient with low back pain over eight months without thoroughly documenting the patient’s history, confronting the patient over aberrant drug tests, or talking to other doctors who were prescribing the patient controlled substances. The Chief Administrative Law Judge felt the doctor should be … Continue Reading

DEA Decisions: Evidence of “Red Flags” of Drug Diversion

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 … Continue Reading

The Continued Evolution of DEA’s Due Diligence Requirements

On May 11, 2016, the Drug Enforcement Administration filed its brief in Masters Pharmaceutical, Inc. v. Drug Enforcement Administration (Docket No: 15-1335), in the United States Court of Appeals for the District of Columbia. The vast majority of the Government’s brief addresses whether “substantial evidence” (the applicable standard of review) supports Acting Administrator Rosenberg’s decision … Continue Reading

DEA Decisions: Clarifying a Respondent’s Right to the Presentation of Remedial Evidence and Discovery

On February 18, 2015, the DEA issued its final decision and order in the case against prescriber Hatem M. Ataya (“Ataya”). The Administrator ordered Ataya’s registration to be revoked and his pending applications for additional registrations to be denied on the grounds that Ataya has, since the proceedings began, lost the authority to dispense controlled … Continue Reading

DEA Decisions: Community Impact Factor Still Relevant to Pharmacy Registrations

On November 13, 2015, the DEA issued its final decision and order in the case against Perry County Food & Drug (“PCFD”). The Administrator denied PCFD’s pending application to renew its registration based on stipulations by PCFD that its pharmacist-in-charge, who happened to be the son of PCFD’s owner, created and filled fraudulent prescriptions and … Continue Reading

DEA Administrator Overrules ALJ, Revokes Distributor Registration in Sweeping Decision

The Chronicles welcomes guest blogger Katea Ravega, a Q&B Health Law attorney. In a 308-page decision dated September 8, 2015, the new Acting Administrator of the DEA, Chuck Rosenberg, issued an Order revoking the DEA registration of wholesale distributor Masters Pharmaceuticals, Inc. (“Masters”). In doing so, the Administrator rejected the recommendation from DEA’s own Administrative … Continue Reading

DEA Decisions: In the Matter of The Medicine Shoppe

In the Matter of the Medicine Shoppe (October 2, 2014) DEA recently revoked the registration of the Medicine Shoppe, a San Antonio, Texas,  pharmacy, based on a finding that the pharmacy violated the Controlled Substances Act in all of the following ways: dispensed controlled substances without a prescription; dispensed controlled substances when the prescription was “signed” … Continue Reading

DEA Decisions: In the Matter of Moore Clinical Trials, L.L.C.

In the Matter of Moore Clinical Trials, L.L.C (July 11, 2014) DEA last month denied the DEA research registration application of an Arkansas clinical research company, finding that the person who would be primarily responsible for ordering and storing controlled substances had a “shocking” lack of knowledge of the fundamental requirements imposed by the Controlled … Continue Reading

DEA Decisions: In the Matter of Hoi Y. Kam, M.D.

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) … Continue Reading

DEA Decisions: In the Matter of Gabriel Sanchez

In the Matter of Gabriel Sanchez, M.D. (September 25, 2013) On July 15 2010, Dr. Gabriel Sanchez issued prescriptions for oxycodone (Schedule II) and carisoprodol (Schedule IV) to two undercover law enforcement officers.  During the visits with both undercover officers, Dr. Sanchez failed to take complete medical histories, failed to make serious inquiries into the … Continue Reading

DEA Decisions: In the Matter of S&S Pharmacy, Inc., d/b/a Platinum Pharmacy & Compounding

In the Matter of S&S Pharmacy, Inc., d/b/a Platinum Pharmacy & Compounding (Sept. 19, 2013) In 2011, Ihab S. Barsoum, the owner and pharmacist-in-charge of S&S Pharmacy, Inc., d/b/a Platinum Pharmacy & Compounding (“Platinum Pharmacy”), engaged in what the Administrator described as “blatant drug deal(s) and [] distribution(s).”  On five occasions between January and June … Continue Reading

DEA Decisions: In the Matter of Kevin Dennis, M.D.

In the Matter of Kevin Dennis, M.D. (August 26, 2013) In 2007, Dr. Kevin Dennis became involved with an Internet prescribing company known as “Telemed Ventures.”  Between 2007 and 2008, Dr. Dennis (who was licensed and registered in Tennessee only) issued numerous prescriptions to individuals located in other states without seeing them or performing any … Continue Reading

DEA Decisions: In the Matter of Mireille Lalanne

In the Matter of Mireille Lalanne, M.D., 78 Fed. Reg. 47,750 (August 6, 2013) Dr. Lalanne is a physician who, sometime before November 2008, became involved in an organized crime scheme.  Her role?  Dr. Lalanne provided controlled substance prescriptions to different syndicates for illegal distribution.  In November 2008, Dr. Lalanne was indicted by a Kentucky … Continue Reading
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