Sutter Facilities Agree to Pay $3.2 Million to Resolve Alleged Controlled Substances Act Violations

SACRAMENTO, Calif. - Sutter Medical Center, Sacramento, and Sutter Fairfield Surgery Center have agreed to pay $3.2 million to resolve allegations that they failed to effectively guard against theft and diversion of controlled substances, U.S. Attorney Eric Grant announced. This settlement relates to allegations of the entities' collective commission of at least 628 violations of recordkeeping and security requirements under the Controlled Substances Act (CSA).

The United States contends that these two Sutter-affiliated entities violated the CSA by, among other violations, failing to: notify the Drug Enforcement Administration (DEA) of theft or loss, keep accurate records of controlled substances, complete biennial inventories, maintain complete controlled substance order records, and provide effective controls against diversion. The investigation was initiated following the death of a pediatric anesthesiologist.

"We remain steadfast in our commitment to hold health care providers accountable for failing to effectively guard against the diversion of potentially dangerous controlled substances," said U.S. Attorney Grant. "Our community deserves the right to place its trust in health care providers that dispense controlled substances and to know that they adhere to and apply the right safeguards to ensure safety around those products."

"DEA registrants play a critical role in protecting the public and that responsibility starts with strict compliance to the Code of Federal Regulations," said DEA Special Agent in Charge, Bob P. Beris of the San Francisco Field Division. "If a company chooses to ignore these obligations, it puts communities at risk and undermines the safeguards designed to keep the public safe. DEA holds registrants accountable and in turn, expects them to keep the public safe."

The DEA conducted the investigation. Assistant U.S. Attorney David Thiess assisted in completing the resolution on behalf of the United States.

A copy of the settlement agreement is available here:

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