NEW PORT RICHEY, Fla. — A clinic in New Port Richey has been ordered by a federal court to shut down its business after being accused of prescribing opioids to patients illegally.
The U.S. Department of Justice said in a news release that Dr. Tobias Bacaner wrote prescriptions for opioids without accurate medical reasoning and also prescribed them outside of Paragon Community Healthcare.
A complaint filed in February 2021 states that the clinic's owners, Theodore Ferguson II and Timothy Ferguson, ran the operations at the clinic and made money from illegally prescribing opioids while ignoring signs of drug diversion and abuse. The complaint also says Bacaner and the Fergusons used Cobalt Pharmacy, their jointly owned pharmacy, as a way to fill prescriptions at the clinic without any serious examination of the opioids.
“Physicians who prescribe opioids without a legitimate medical purpose and outside of the usual course of professional practice and others who facilitate that conduct will be held accountable,” Principal Deputy Assistant Attorney General and head of the Justice Department’s Civil Division Brian M. Boynton stated in the news release. “The department will continue to aggressively use all available enforcement remedies to prevent the unlawful diversion of potentially dangerous prescription drugs.”
The owners and physicians will now reportedly face a $600,000 fine in civil penalties with Bacaner having to pay $500,000 that will prevent him from prescribing, dispensing, distributing or administering controlled substances in the future. The Fergusons will have to $100,000 of the fine, the news release said.
“Dr. Bacaner and his associates profited from unlawfully prescribing opioids without a legitimate medical purpose,” U.S. Attorney for the Middle District of Florida Roger B. Handberg said in a statement. “We will continue to protect the community from those who place a higher value on profit than the safety of the public.”
The federal court says they will also place restrictions on the Fergusons from owning or working at health centers that distribute or dispense controlled substances in the future. The Fergusons have also reportedly agreed to permanently shut down Cobalt Pharmacy.
“Our communities place trust in their medical professionals to help them. The actions of Dr. Bacaner and owners of this clinic violated this trust,” DEA Miami Field Division Special Agent in Charge Deanne L. Reuter said in a statement. “This settlement highlights DEA’s commitment to hold medical providers accountable for violating laws designed to protect the health and safety of our communities. The closure of these businesses and the prohibition to continue to exploit those in need, ensures the wellbeing of patients everywhere.”
The DEA's Tactical Diversion Squad in the Tampa District Office conducted the investigation for this case, the news release mentioned.
