San Antonio Veterinarian to Pay $85,000 in Civil Penalties for Alleged Violations of the Controlled Substances Act

SAN ANTONIO – Tracy S. Tommack, DVM, a veterinarian located in San Antonio, has agreed to pay $85,000 to settle a lawsuit filed by the United States in October 2022.

The United States’ complaint alleges that Tommack failed to comply with the prescription-writing and recordkeeping requirements of the Controlled Substances Act (CSA).  These requirements are intended to prevent the diversion of controlled substances for illegal purposes.

During a November 2020 inspection of Tommack’s clinic, Traveling Tails Veterinary Clinic, Drug Enforcement Administration diversion investigators identified at least 30 controlled substance prescriptions Tommack issued to fictitious patients between November 2017 and May 2019.  Tommack issued the fabricated controlled substance prescriptions for the purpose of obtaining a stock supply of controlled substances for general dispensing to her patients, a practice explicitly prohibited by the CSA and its corresponding regulations.  DEA investigators also uncovered numerous recordkeeping violations, including significant discrepancies in Tommack’s inventory of controlled substances and failure to provide written notification to the DEA regarding an incident in which Tommack’s practice experienced a significant loss of controlled substances.

“Compliance with the CSA’s prescription-writing and recordkeeping requirements is essential in ensuring that opioids and other addictive drugs are not diverted and abused,” said U.S. Attorney Jaime Esparza of the Western District of Texas.  “With the help of our partners, my office will continue to prioritize enforcement of this vital statute using all available tools at our disposal.”

The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Texas and the Drug Enforcement Administration’s Diversion Control Unit.

Assistant U.S. Attorney Samuel M. Shapiro filed the lawsuit and negotiated the settlement on behalf of the government.

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

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