Pottstown & Wayne-Area Physician Agrees to Pay $100,000 to Resolve Alleged Controlled Substances Act Violations

PHILADELPHIA - United States Attorney David Metcalf announced that Xiang Yuan, M.D., will pay $100,000 to resolve allegations that he violated the Controlled Substances Act ("CSA") by failing to maintain complete and accurate records of controlled substances, writing a prescription of stock, and improperly moving controlled substances from his registered address. The United States' investigation involved Yuan's medical practice located at 600 Creekside Drive, Pottstown, PA 19464.

As part of the settlement, Yuan has entered into a three-year Memorandum of Agreement ("MOA") with the Drug Enforcement Administration ("DEA"), which includes additional responsibilities regarding the handling of controlled substances. The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations.

"Physicians who fail to maintain proper records of controlled substances create conditions ripe for diversion, or, at worst, may be engaging in diversion itself," said U.S. Attorney Metcalf. "Physicians have a responsibility to ensure that all controlled substances are tracked through a distribution chain and are prescribed in the usual course of professional practice. Our office is committed to ensuring total compliance with the Controlled Substances Act and we will vigorously enforce violations whenever we find them."

"This investigation further solidifies this District's focus on holding healthcare providers and pharmacies accountable for their handling of controlled substances, and the importance of maintaining an honest inventory balance, instead of putting profits at the forefront."

"The goal of DEA's closed system of distribution is to ensure accountability for controlled substances," said Thomas Hodnett, Special Agent in Charge of the DEA's Philadelphia Field Division. "In prescribing controlled substances 'for stock,' Dr. Yuan made himself a middleman in this same closed system and created an environment where controlled substances are not properly inventoried or secured."

Congress enacted the CSA to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that controlled substances are not lost, stolen, or inappropriately dispensed.

"The government's pursuit of this matter illustrates its emphasis on combating diversion of controlled substances, and this resolution highlights this District's continued emphasis on combating fraud, waste, and abuse, while maintaining one of the most active affirmative civil dockets in the country," said Metcalf. "The record keeping and other regulations applicable to DEA registrants, including physicians, are the tools by which the DEA deters drug diversion."

This investigation was conducted by the Drug Enforcement Administration's Philadelphia Field Division, Diversion Regulatory Group 72. For the United States Attorney's Office, Assistant United States Attorney Alfred J. Vogt handled the investigation.

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