Pottstown Pharmacy Agrees to Resolve Civil Allegations of Improper Dispensing of Controlled Substances

PHILADELPHIA – U.S. Attorney Jacqueline C. Romero announced that Professional Pharmacy & Convalescent Products, Ltd., a pharmacy that was based in Pottstown, PA, agreed to resolve allegations that it had improperly dispensed opioids and other controlled substances to individuals, and submitted claims to Medicare and Medicaid for those illegally dispensed controlled substances. The settlement resolves the case for a payment of $150,000 and comes after the pharmacy surrendered its DEA registration.

Under the Controlled Substances Act, pharmacies like Professional that are registered with the DEA are permitted to dispense controlled substances only to patients based on a valid prescription. A prescription is valid only when issued for a legitimate medical purpose and in the usual course of professional practice. That legal obligation applies to controlled substances broadly and includes drugs like the opioid oxycodone. The settlement between the United States and Professional resolves allegations that, from June 1, 2018, through March 4, 2024, Professional illegally dispensed controlled substances like oxycodone without satisfying these important legal obligations, and illegally submitted claims to Medicare and Medicaid for the drugs. The settlement agreement covers liability under the Controlled Substances Act, which imposes civil penalties for illegal controlled substance prescriptions, and the False Claims Act, which imposes civil damages and penalties for false claims to the federal government.

“Federal law imposes obligations on pharmacies like Professional to only dispense controlled substances when appropriate,” said U.S. Attorney Romero. “The law is critical in protecting our community from the dangers of the opioid epidemic. This settlement provides yet another example of my office’s commitment to pursuing misconduct at every level in the opioid supply chain.”

“Professional Pharmacy exhibited a continued disregard of their obligations under the Controlled Substances Act by illegally dispensing powerful controlled substances like oxycodone over a several year period,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Pharmacies are entrusted with properly dispensing controlled substances in their care.” 

“Pharmacies are responsible for all claims they submit to Medicare and Medicaid,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Department of Health and Human Services Office of the Inspector General. “HHS-OIG, DEA, and the U.S. Attorney’s Office will work together to ensure opioids are dispensed properly and that taxpayer dollars are only spent on bona fide pharmacy claims.”

The case was investigated by the Philadelphia Field Division of the DEA and HHS-OIG. The civil investigation and settlement were handled by Assistant United States Attorney Anthony D. Scicchitano and Auditors Denis Cooke and Dawn Wiggins.

The claims resolved by this settlement are allegations only and there has been no determination of liability.