Texas physician surrenders license, pays $200K in drug diversion case

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Brian August, MD, a physician in El Paso, Texas, has agreed to pay $200,000 to resolve allegations that he violated the Controlled Substances Act, the False Claims Act and the Texas Health Care Program Fraud Prevention Act. 

According to a Jan. 25 news release from the Justice Department, Dr. August allegedly issued 255 prescriptions for controlled substances to 15 individuals between Dec. 23, 2017, and May 22, 2021. The prescriptions included morphine, fentanyl and oxycodone hydrochloride extended release, as well as Schedule IV drugs including zolpidem, tramadol and clonazepam.

The government said the prescriptions lacked documentation of a legitimate medical purpose, failed to meet Texas pain treatment requirements and were issued outside the usual course of professional practice. The 15 individuals were enrolled in Medicare Part D or Texas Medicaid, rendering the prescriptions ineligible for reimbursement.

Dr. August surrendered his DEA registration and Texas medical license as part of the settlement.

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