Hovic Pharmacy; Decision and Order

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Drug Enforcement Administration I. Introduction On October 20, 2021, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Hovic Pharmacy of Houston, Texas (Respondent). Request for Final Agency Action (RFAA), at 1801. [ 1 ] The OSC proposes the revocation of Respondent's DEA registration No. FH5569112 (registration), pursuant to 21 U.S.C. 824(a)(4) “because . . . ( printed page 48347) [Respondent's] continued registration is inconsistent with the public interest, as that term is defined in 21 U.S.C. [823(g)(1)].”  [ 2 ] Id. According to the OSC, “Respondent's pharmacists filled many controlled substance prescriptions outside the usual course of pharmacy practice . . . and in contravention of their `corresponding responsibility.' ” Id. at 1802, citing 21 CFR 1306.06 and 1306.04(a) . The OSC more specifically alleges that, according to an “independent pharmacy expert” retained by DEA who “reviewed . . . prescription data” referenced in the OSC, the “data present[ ] multiple red flags that were highly indicative of abuse and diversion.” Id. at 1806. With respect to the “controlled substances purchased by and distributed to” a recruiter (Recruiter), the expert opined that the “red flags inherent in those prescriptions could not have been resolved by a pharmacist acting in the usual course of professional practice, and, …