Small Animal Clinic (Alan K. Toothaker, D.V.M.)
Outcome
Dr. Alan Toothaker agreed to pay $145,360 to resolve allegations that he violated the Controlled Substances Act through improper storage and recordkeeping of tramadol and other controlled substances, including transferring controlled substances to an unregistered practice location; announced January 2, 2025.
Details
Small Animal Clinic (Alan K. Toothaker, D.V.M.) — CSA Recordkeeping / Improper Storage (2025)
Outcome: The U.S. Attorney's Office for the District of Maine announced a $145,360 settlement on January 2, 2025, resolving allegations that Dr. Alan Toothaker violated the Controlled Substances Act through improper storage, inadequate recordkeeping, and the transfer of controlled substances (particularly tramadol) to a second practice location for which he lacked a DEA registration — the fifth time in 18 years Dr. Toothaker had been formally disciplined.
Dr. Alan K. Toothaker, D.V.M., owns and operates the Small Animal Clinic at 9 Toothaker Lane in Ellsworth, Maine, where he has practiced for decades. In May and July 2023, DEA attempted to conduct controlled substance audits at the clinic's registered location and could not complete the audits due to pervasive recordkeeping deficiencies. The investigation revealed minimal oversight of the ordering, receiving, and handling of Schedule IV controlled substances, particularly tramadol, creating a substantial opportunity for significant diversion.
The violations documented included: failure to maintain complete and accurate records of controlled substances ordered, received, dispensed, and destroyed; failure to conduct required biennial inventories; and the transfer of controlled substances to a second practice location for which Dr. Toothaker did not hold a separate DEA registration — a per se CSA violation. DEA investigators found no systematic tracking of tramadol dispensed per patient or returned by clients.
Notably, this enforcement action represented the fifth disciplinary proceeding against Dr. Toothaker in an 18-year span, according to the Bangor Daily News. Prior disciplinary actions had not resulted in sufficient systemic change to bring the practice into compliance. The $145,360 civil settlement was reached with the U.S. Attorney's Office; no criminal charges were filed.
Primary Source: U.S. Attorney's Office Reaches Agreement with Ellsworth Veterinarian | DOJ
How Crucible Prevents This
Dr. Toothaker had been disciplined five times over 18 years when this case was resolved. The recurrence pattern is exactly what Crucible's DECISIONS log is designed to prevent: each prior discipline should have appeared as a documented open action item requiring verified resolution before the next audit. The specific violation — transferring controlled substances to a second location without a DEA registration — is a rule that requires only a one-time protocol check, yet was apparently never enforced through any systematic review process at the practice.
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