PharMerica pays $778,000 to settle DEA recordkeeping violations

Editor's Note:
This matter occurred on date indicated, but not published at that time due to government shutdown. Press release posted and made available following the return to normal operations.

HOUSTON - Houston-based pharmacy PharMerica and its parent company PharMerica Corporation of America have settled allegations that they violated the Controlled Substances Act, announced U.S. Attorney Nicholas J. Ganjei.

PharMerica is a nationwide institutional pharmacy services provider specializing in long-term care, senior living and other healthcare settings. It operates locations across the United States, including several in Texas.

The pharmacy, located on Post Oak Road, is registered with the Drug Enforcement Administration (DEA) to handle Schedule II-V controlled substances.

According to the settlement agreement, a DEA on-site inspection in June 2024 revealed multiple recordkeeping failures. PharMerica allegedly failed to maintain required records intended to prevent the diversion of controlled substances. Among the alleged violations, PharMerica failed to maintain complete and accurate records of eight of eight controlled substances audited, failed to maintain dispensing records in a readily retrievable manner for seven of eight audited controlled substances and failed to keep complete records of transfer for collected controlled substances.

"The Controlled Substances Act is designed to keep tight controls on those who manufacture, distribute and dispense controlled substances so that dangerous narcotics are not diverted for illicit purposes," said Ganjei. "When a registrant fails to adhere to the rules, diversion can, and often does, occur. Today's settlement is an important step in preventing similar conduct by others."

"Failing to monitor highly addictive controlled substances is not just a violation, but a threat to public safety and will lead to hefty fines," said Special Agent in Charge Jonathan C. Pullen of the DEA's Houston Division. DEA Houston Diversion's unwavering commitment to keeping our communities safe will continue to hold companies accountable for any mishandling of prescription drugs that could fall into the wrong hands."

DEA conducted the investigation. Assistant U.S. Attorney Jill O. Venezia prosecuted the case.

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