In a recent development, a federal court in Texas has ordered a San Antonio pharmacy and its pharmacist to pay a substantial civil penalty of $275,000 and imposed strict restrictions related to the dispensing of opioids and other controlled substances.
Under an agreed consent judgment and permanent injunction, Zarzamora Healthcare LLC, which operates as Rite-Away Pharmacy & Medical Supply #2, and its pharmacist-owner, Jitendra Chaudhary, have been barred from dispensing certain opioid prescriptions, including combination opioid and benzodiazepine prescriptions. The court's order also requires the defendants to undergo regular comprehensive reviews of their dispensing practices to ensure compliance with the order and the Controlled Substances Act.
This legal action stems from a civil complaint filed by the government on January 21, 2022, in the Western District of Texas. The complaint alleged that the defendants repeatedly dispensed opioids and other controlled substances in violation of the Controlled Substances Act by filling prescriptions despite clear indications that these prescriptions were not for legitimate medical purposes. Additionally, it was alleged that the defendants altered prescriptions lacking necessary information to make them appear compliant with DEA regulations.
Principal Deputy Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division emphasized, "The Controlled Substances Act requires pharmacies and pharmacists to ensure that opioids are dispensed for medically legitimate purposes." He reiterated the Justice Department's commitment to holding professionals accountable who neglect their obligations regarding potentially dangerous prescription drugs.
U.S. Attorney Jaime Esparza of the Western District of Texas echoed this sentiment, stating, “The distribution of opioids and other prescription drugs by healthcare practitioners throughout the country has caused immense harm to our communities over the years. My office takes this issue very seriously and will litigate against healthcare professionals when warranted.”
Special Agent in Charge Daniel Comeaux of the Drug Enforcement Agency (DEA) Houston Division highlighted the importance of pharmacists resolving all "red flags" before dispensing any prescription drugs. He emphasized that pharmacists failing to meet the requirements of a proper prescription will be held accountable by the DEA Diversion Control Division.
The consent decree was entered by U.S. District Judge Jason K. Pulliam in the U.S. District Court for the Western District of Texas. The case was investigated by the DEA’s San Antonio District Office Tactical Diversion Squad.