North Carolina Pharmacy Ordered to Pay $300,000 for Unlawful Opioid Distribution

A North Carolina pharmacy and 2 pharmacists (a father and son) have entered a consent decree agreeing to pay $300,000 in civil penalties and to not dispense controlled substances, including opioids, without taking specific steps to ensure the drugs will not be abused or diverted. The US Department of Justice and US Attorney for the Middle District of North Carolina announced the consent decree in a press release.

The agreement resolves a complaint the United States filed against the pharmacy and pharmacists alleging that they filled prescriptions in violation of the Controlled Substances Act. Specifically, the complaint alleged that the defendants dispensed prescriptions while disregarding red flags indicating drug abuse, diversion, or drug-seeking behavior.

Examples in the complaint included the following:

• filling prescriptions for dangerous combinations of drugs known to be sought by individuals with substance use disorders;
• filling high-dose opioid prescriptions on a long-term basis;
• filling prescriptions for known “doctor shoppers;”
• filling controlled substance prescriptions early without justification; and
• filling the same or similar prescriptions for multiple family members.

The complaint also alleged that the defendants turned a blind eye to scripts written by doctors who repeatedly wrote suspect prescriptions.

“The law requires pharmacists to ensure that the prescriptions they dispense are for a legitimate medical purpose and are issued by prescribers acting in the usual course of their professional practice,” said Special Agent in Charge Robert J Murphy of the DEA Atlanta Field Division in the press release. “Pharmacists are not simply pill-counters. The penalty and injunction in this case serves notice that DEA will not turn a blind eye when pharmacists shirk their duty by ignoring red flags of abuse and diversion.” 

The injunction in this case prohibits the defendants from filling certain “red flag” prescriptions. Additionally, it requires the pharmacists to fill other orders only after receiving documentation justifying the prescriptions.