United States of America v. Dr. Alan Toothaker, DVM

A Maine veterinarian, Dr. Alan Toothaker, DVM, agreed to pay $145,360 to resolve claims he violated the Controlled Substances Act through improper storage of controlled substances and recordkeeping violations.

The settlement announced resolves allegations that Dr. Toothaker improperly stored controlled substances; failed to keep appropriate records of controlled substances stored, dispensed, or distributed by the veterinary practice; and did not conduct regular inventories.

As alleged, in May 2023 and July 2023, the U.S. Drug Enforcement Administration (DEA) was unable to conduct an audit at Dr. Toothaker’s registered location due to record keeping deficiencies. Among the issues the resulting inspection revealed:

Minimal oversight of the ordering, receiving, and handling of controlled substances, creating an opportunity for significant diversion of controlled substances, particularly Tramadol.
Controlled substances stored in safes with non-controlled substances with employees having unsupervised access.
Incomplete recordkeeping resulting in unaccounted-for controlled substances purchased, dispensed, or administered.
Continual refills of prescriptions.
Transferring of controlled substances to a second practice location for which Dr. Toothaker did not maintain a registration.
“The DEA investigation revealed a practice that lacked adequate security and oversight, making it difficult, if not impossible, to determine whether controlled substances were missing, who took them or even when they went missing,” said U.S. Attorney Darcie N. McElwee. “Particularly amid an opioid crisis, that is concerning. All DEA registrants have an obligation to maintain complete records, and it is an essential practice to prevent potentially addictive medications from being diverted from the legitimate drug supply.”

“The DEA is committed to ensuring that veterinarians, like all registrants, are in compliance with the required regulations, which are enforceable through the Controlled Substances Act, handle controlled substances in a lawful manner, and provide effective controls to prevent diversion,” said Acting Special Agent in Charge Stephen Belleau, New England Field Division. “Failure to do so increases the diversion potential and jeopardizes public health and safety.”

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

Outcome:

Defendant was found guilty and agreed to pay $145,360 to resolve claims he violated the Controlled Substances Act through improper storage of controlled substances and recordkeeping violations.