LEXINGTON PHYSICIAN PAYS $200,000 TO SETTLE CIVIL PENALTY CLAIMS STEMMING FROM HIS ALLEGED FAILURE TO RETAIN RECORDS RELATING TO PURCHASING SCHEDULE II CONTROLLED SUBSTANCES
OKLAHOMA CITY – James K. Robberson, M.D. (“Dr. Robberson), paid $200,000 to settle civil penalty claims stemming from allegations he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Act”) and its regulations, announced United States Attorney Robert J. Troester.
During the relevant time, Dr. Robberson practiced medicine in Lexington, Oklahoma. As a registrant under the Act, Dr. Robberson was required to maintain controlled substance records as set forth in the Act and its implementing regulations.
Recordkeeping is a vital part of managing controlled substances. Complete and accurate records help avoid diversions and losses of controlled drugs. The record keeping requirements relating to Schedule II controlled substances are particularly vital because Schedule II controlled substances are those having a high potential for abuse that may lead to severe psychological or physical dependence.
The regulations implementing the Act require a registrant seeking to purchase Schedule II controlled substances to fill out the purchaser portion of a DEA Form-222, specify the descriptions and amounts of Schedule II substances being ordered, make a copy for the purchaser’s files, and provide the annotated form to the seller. When the order is filled, the purchaser is required to annotate his or her copy of the Form-222 with the date of receipt and the quantity or number of bulk containers received. The purchaser must retain a copy of each executed DEA Form-222. Failure to comply disrupts the closed system created by the Act, increases the potential for diversion, and subjects the registrant to civil monetary penalties.
The United States alleges that from May 5, 2021, to February 6, 2023, Dr. Robberson failed to maintain DEA Forms 222 for certain purchases of Schedule II controlled substances. To resolve these allegations, Dr. Robberson agreed to pay $200,000 to the United States.
In reaching this settlement, Dr. Robberson did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration, Office of Diversion Control. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.