DEA Revokes Hovic Pharmacy’s Controlled Substance Registration After Violations
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Background
On October 20, 2021, the DEA issued an Order to Show Cause (OSC) against Hovic Pharmacy. The DEA wanted to revoke the pharmacy’s registration number FH5569112. The DEA said that Hovic’s continued registration would not be in the public interest.
The case focused on Hovic Pharmacy’s filling of controlled substance prescriptions. The prescriptions were often filled outside the usual course of pharmacy practice. The pharmacy did not follow its “corresponding responsibility” under federal rules and Texas law.
Investigations and Findings
DEA presented evidence from an independent pharmacy expert and several declarations. The expert found multiple “red flags” in prescription data. These red flags showed a risk of drug abuse and diversion for illegal street sales.
A person known as “Recruiter” was at the center of the scheme. Recruiter pled guilty to conspiracy to dispense and distribute hydrocodone. Recruiter’s declaration showed that the scheme ran from at least 2017 to 2020. Recruiter recruited others to act as patients. They got controlled substance prescriptions from doctors, then filled them at Hovic. Recruiter picked up the drugs, forging patient signatures or signing their own name. The drugs were then sold on the street.
Hovic Pharmacy’s staff rarely questioned the prescriptions. The staff did not ask for identification or proof of authority for pick-up. Hovic’s pharmacists even told Recruiter how to pick up drugs for others and suggested signing the signature log with fake or real names. One pharmacist lent Recruiter up to $800 to pay for doctor visits, expecting to be repaid after street sales.
Expert Review
Dr. Diane Ginsburg, a registered pharmacist and expert, reviewed the government’s evidence. She explained that pharmacy law requires pharmacists to catch and resolve red flags before filling prescriptions for dangerous drugs. These drugs included hydrocodone, alprazolam, carisoprodol, and promethazine with codeine. Dr. Ginsburg found that Hovic’s staff did not try to resolve red flags and did not document consultations as required by law.
Hovic Pharmacy filled about 138 prescriptions with combinations of these drugs, called “cocktails.” These cocktails are known to be high-risk for abuse. The pharmacy also filled monthly or repeated prescriptions for promethazine with codeine for three people, which is a red flag for abuse.
The pharmacy filled many prescriptions from doctors who issued the same or similar prescriptions to different people, known as “pattern prescribing.” Hovic filled these without investigating the red flags. Some individuals also used “pharmacy shopping,” getting controlled substances at multiple pharmacies, including Hovic. Again, Hovic failed to resolve the red flags.
Over eighteen months, Hovic Pharmacy released about 13,135 controlled substance tablets and about a 3,478 days’ supply of promethazine with codeine into the community. These drugs are commonly abused and frequently diverted.
Legal Standards and Violations
Federal law says a prescription for a controlled substance must be for a legitimate medical purpose. Both the prescribing doctor and the pharmacist have responsibilities. Texas law also sets standards and requires pharmacists to identify and resolve red flags. Written records are required for consultations with doctors about prescriptions.
The DEA determined that Hovic Pharmacy broke both federal and Texas laws. The pharmacy failed to resolve questions about prescriptions and released large amounts of dangerous drugs into the community. This included filling prescriptions for known street dealers, filling prescriptions for others based on forged signatures, and failing to follow professional standards.
Sanction
Hovic Pharmacy did not show up for its scheduled hearing and presented no evidence in its defense. The DEA found that Hovic did not show any responsibility for its actions or offer any plan to prevent future issues. The DEA found that allowing Hovic to keep its registration would not protect the public.
Based on the evidence, the DEA revoked Hovic Pharmacy’s certificate of registration. The DEA also denied any pending application by Hovic for renewal or modification of registration in Texas. The revocation takes effect on November 17, 2025.
The DEA stressed the need to maintain trust and safety in the pharmacy community. The decision aims to deter similar conduct by others.
Legal Disclaimer
This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.
