The opioid prescription cases keep coming. On April 11, 2019, a Fresno pharmacist, Ifeanyi Vincent Ntukogu of New Life Pharmacy, in Madera was indicted one count of conspiracy to distribute and possess with intent to distribute controlled substances and 17 counts of distribution of controlled substances (oxycodone and hydrocodone). The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two other non-medical persons to whom the medications were allegedly dispensed were also charged: Kelo White was
charged with one count of conspiracy to distribute and possess with intent to
distribute controlled substances and 12 counts of possession with intent
to distribute controlled substances. Donald Ray Pierre was
charged with one count of conspiracy to distribute controlled substances, 10
counts of possession with intent to distribute controlled substances, and two
counts of identity theft.
According
to court documents, Mr. Ntukogu allegedly filled fraudulent prescriptions for oxycodone and hydrocodone, Schedule II controlled substances, at his pharmacy New Life Pharmacy between December 2014 and November 2018, and then dispensed the controlled substances to Mr. White and Mr. Pierre.
Attorney Commentary: This
case covers a four year time period and is a joint investigation by the Federal Bureau of Investigation,
the Drug Enforcement Administration, and the California Department of Health
Care Services. This is a serious case and even one false prescription can be a serious offense under federal and state law. Often the federal and state courts will bar a pharmacist facing such charges from dispensing Schedule II and III medications while a case is pending. Obviously, this can damage a career and endanger one's liberty.
Pharmacists need to understand that prescription dispensing of Schedule II needs to be carefully monitored and a compliance plan needs to be in place. Make sure you review the training modules from the CDC for the latest updates since the DEA mandates that the pharmacist whether the prescriptions for controlled substances are for a "legitimate medical purpose" in the prescribing doctor's "usual course of medical practice." You cannot simply rely on the fact that a physician or health care provider wrote the prescription, need to watch for any "red flags" and have to check with a prescriber who is not known to your pharmacy.
Pharmacists need to understand that prescription dispensing of Schedule II needs to be carefully monitored and a compliance plan needs to be in place. Make sure you review the training modules from the CDC for the latest updates since the DEA mandates that the pharmacist whether the prescriptions for controlled substances are for a "legitimate medical purpose" in the prescribing doctor's "usual course of medical practice." You cannot simply rely on the fact that a physician or health care provider wrote the prescription, need to watch for any "red flags" and have to check with a prescriber who is not known to your pharmacy.
