DEA denied APEXX Pharmacy's pending registration application in December 2023 after finding the pharmacy filled controlled substance prescriptions in the names of deceased individuals; order effective January 16, 2024.

APEXX Pharmacy, LLC — Controlled Substance Prescriptions for Deceased Patients (2023)

Outcome: DEA denied APEXX Pharmacy, LLC's pending DEA registration application in a Decision and Order signed December 7, 2023, and effective January 16, 2024, after finding the pharmacy had filled controlled substance prescriptions issued in the names of deceased individuals.

APEXX Pharmacy, LLC applied for a DEA registration in Florida. During the DEA's adjudication of that application, the Government presented evidence that the pharmacy had filled controlled substance prescriptions issued to individuals who were deceased at the time of dispensing.

The pharmacy owner and pharmacist-in-charge testified that he was provided identification documents for the three deceased individuals when their prescriptions were presented for filling, and that he made copies of those IDs. However, the DEA found that substantial record evidence indicated the seized files did not contain copies of the deceased customers' identifications that the owner/PIC testified were made. This contradiction undermined the pharmacy's claimed good-faith reliance on presented identification.

DEA Administrator Anne Milgram signed the Decision and Order on December 7, 2023, denying the pending application and making it effective January 16, 2024. Filling controlled substance prescriptions in the names of deceased patients is among the clearest indicators of fraudulent diversion activity, as deceased individuals cannot have legitimate therapeutic needs for controlled substances.

Primary Source: APEXX Pharmacy, LLC; Decision and Order (Fed. Reg. Dec. 15, 2023)