Dr. Mattingly Will Pay $72,000 and Agrees to Permanent Ban on Future Prescribing of Oxycodone and Almost All Other Controlled Substances.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Dr. David L. Mattingly, a doctor of osteopathic medicine in the Philadelphia area, has agreed to resolve allegations that he improperly prescribed opioid controlled substances to individuals. Dr. Mattingly will pay $72,000 to the United States and agree to strict limitations preventing him from prescribing almost all controlled substances, including drugs like oxycodone.
Under the Controlled Substances Act, physicians like Mattingly are registered with the DEA and are generally permitted to prescribe controlled substances only based on a valid prescription. A prescription is valid only when issued for a legitimate medical purpose and in the usual course of professional practice. That legal obligation applies to controlled substances broadly and includes drugs like the opioid oxycodone. The settlement between the United States and Mattingly resolves allegations that, from February 5, 2015, through September 1, 2018, Mattingly illegally prescribed opioid controlled substances like oxycodone without satisfying these important legal obligations as to a certain number of patients whose records were subpoenaed by the Drug Enforcement Administration (DEA). The settlement agreement covers liability under the Controlled Substances Act, which imposes substantial civil penalties for illegal controlled substance prescriptions.
The settlement agreement permanently prevents Mattingly from prescribing almost all controlled substances, including oxycodone. Mattingly also entered into an administrative agreement with the DEA that includes additional compliance measures, such as continuing education courses.
“Doctors like Mattingly have a responsibility to their patients and the community when they prescribe controlled substances, particularly opioids like oxycodone,” said U.S. Attorney Romero. “It is critical that physicians uphold that responsibility and focus on the safety and well-being of their patients. When they do not and they violate the law by illegally prescribing controlled substances like oxycodone, my office will not hesitate to hold them accountable.”
“Doctors are required to satisfy a two-prong standard when prescribing controlled substances; the first of which is that the prescription be issued for a legitimate medical purpose and the second being that it is done in the usual course of professional practice,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “As part of his obligations under the Controlled Substances Act, Dr. Mattingly was required to ensure that both of these standards were met when he prescribed powerful painkillers such as oxycodone.”
The case was investigated by the Philadelphia Field Division of the DEA. The civil investigation and settlement were handled by Assistant United States Attorney Anthony D. Scicchitano, Investigator Jeffrey Braun, and Auditor Dawn Wiggins.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
