U.S. Attorney Darcie N. McElwee | U.S. Department of Justice
A Maine veterinarian, Dr. Alan Toothaker, has agreed to pay $145,360 to settle claims of violating the Controlled Substances Act. The U.S. Attorney's Office announced that these violations involved improper storage and recordkeeping of controlled substances.
The allegations against Dr. Toothaker include failing to maintain proper records for controlled substances stored, dispensed, or distributed by his veterinary practice and not conducting regular inventories. In May and July 2023, the U.S. Drug Enforcement Administration (DEA) attempted audits at Dr. Toothaker’s registered location but were hindered by recordkeeping deficiencies.
The inspection revealed several issues: minimal oversight in handling controlled substances, which could lead to significant diversion; storing controlled substances with non-controlled ones accessible to employees without supervision; incomplete records leading to unaccounted-for substances; continual prescription refills; and transferring controlled substances to an unregistered second practice location.
U.S. Attorney Darcie N. McElwee stated, "The DEA investigation revealed a practice that lacked adequate security and oversight, making it difficult, if not impossible, to determine whether controlled substances were missing, who took them or even when they went missing." She emphasized the importance of maintaining complete records amid an opioid crisis.
Acting Special Agent in Charge Stephen Belleau from the New England Field Division added that veterinarians must comply with regulations under the Controlled Substances Act to prevent drug diversion and protect public health.
It is important to note that these claims are allegations only and there has been no determination of liability.