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Notice2026-20552

Wellwise Pharmacy Inc.; Decision and Order

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Published
October 7, 2026

Issuing agencies

Justice DepartmentDrug Enforcement Administration

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Notices]
[Pages 64162-64169]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20552]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Wellwise Pharmacy Inc.; Decision and Order

    On September 25, 2025, the Drug Enforcement Administration (DEA or 
Government) issued an Order to Show Cause and Immediate Suspension of 
Registration (OSC/ISO) to Wellwise Pharmacy Inc. of Houston, Texas, and 
Conroe, Texas (Registrant). Request for Final Agency Action (RFAA), 
Exhibit (RFAAX) 1, at 1, 11. The OSC/ISO informed Registrant of the 
immediate suspension of its DEA registration, No. FW2318497, pursuant 
to 21 U.S.C. 824(d), finding that Registrant's continued registration 
constitutes `` `an imminent danger to the public health or safety.' '' 
Id. at 1 (quoting 21 U.S.C. 824(d)). The OSC/ISO also proposed the 
revocation of Registrant's registration, alleging that Registrant's 
continued registration is inconsistent with the public interest. Id. at 
1 (citing 21 U.S.C. 823(g)(1), 824(a)(4)).\1\
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    \1\ The Government's RFAA included a declaration by a DEA 
Diversion Investigator (DI), in which DI declared under penalty of 
perjury that on September 29, 2025, she and other DEA personnel 
traveled to Registrant's registered location and personally served a 
copy of the OSC/ISO on D.O., a representative of Registrant. RFAAX 
2, at 1-2. Due to personal service of the OSC/ISO upon a 
representative of Registrant, the Agency finds that due process 
notice requirements have been satisfied.
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    Specifically, the OSC/ISO alleges that from at least January 2023 
to March 2025, Registrant violated federal and Texas law by repeatedly 
filling prescriptions for controlled substances that presented multiple 
flags of diversion and/or abuse without addressing or resolving those 
red flags. RFAAX 1, at 4. The OSC/ISO alleged that these unresolved red 
flags of abuse and/or diversion included pattern prescribing; 
prescriptions for controlled substances commonly known to be abused; 
prescriptions for controlled substances at their highest strength and/
or in large quantities; prescriptions for controlled substances for 
multiple patients who shared the same address; patients who traveled 
long distances to fill their controlled substance prescriptions; and 
patients who were paying high prices or in cash, instead of using 
insurance, for their controlled substance prescriptions. Id. at 5-9.
    The OSC/ISO alleged that Registrant violated the following federal 
regulations: 21 CFR 1306.04 and 21 CFR 1306.06. RFAAX 1, at 2. The OSC/
ISO also alleged that Registrant violated the following Texas state 
laws: Tex. Health & Safety Code Sec.  481.074(a)(1); Tex. Health & 
Safety Code Sec.  481.128(a)(1); 22 Tex. Admin. Code Sec.  291.29(a)-
(b), (f); 22 Tex. Admin. Code Sec.  291.33(c)(2)(A)(i)-(ii), (iv); 22 
Tex. Admin. Code Sec.  291.33(c)(2)(C); 22 Tex. Admin. Code Sec.  
291.34(b)(1). Id. at 2-4.
    On November 19, 2025, the Government submitted an RFAA to the 
Administrator requesting that the Agency issue a default final order 
revoking Registrant's registration. RFAA, at 1, 10. After carefully 
reviewing the entire record and conducting the analysis as set forth in 
detail below, the Agency grants the

[[Page 64163]]

Government's RFAA and revokes Registrant's registration. As a 
preliminary matter, this Decision addresses whether Registrant is in 
default and finds that it is. Thereafter, this Decision makes specific 
factual findings on the alleged violations as set forth in the OSC/ISO; 
specifically, the allegations that Registrant repeatedly filled 
controlled substance prescriptions without resolving red flags of abuse 
and/or diversion. Next, this Decision considers whether Registrant's 
registration is inconsistent with the public interest and finds that it 
is. Lastly, this Decision determines that the appropriate sanction is 
revocation of Registrant's registration.

I. Default Determination

    Under 21 CFR 1301.43, a registrant entitled to a hearing who fails 
to file a timely hearing request ``within 30 days after the date of 
receipt of the [OSC] . . . shall be deemed to have waived their right 
to a hearing and to be in default'' unless ``good cause'' is 
established for the failure. 21 CFR 1301.43(a) & (c)(1). In the absence 
of a demonstration of good cause, a registrant who fails to timely file 
an answer also is ``deemed to have waived their right to a hearing and 
to be in default.'' 21 CFR 1301.43(c)(2). Unless excused, a default is 
deemed to constitute ``an admission of the factual allegations of the 
[OSC].'' 21 CFR 1301.43(e).
    Here, the OSC/ISO notified Registrant of its right to file a 
written request for hearing, and that if it failed to file such a 
request, it would be deemed to have waived its right to a hearing and 
be in default. RFAAX 1, at 10-11 (citing 21 CFR 1301.43). According to 
the Government's RFAA, Registrant failed to request a hearing. RFAA, at 
1-2, 9. Thus, the Agency finds that Registrant is in default and 
therefore has admitted to the factual allegations in the OSC/ISO. 21 
CFR 1301.43(e).

II. Public Interest Determination

A. Overview of Law

    The Attorney General ``may deny, suspend, or revoke [a] 
registration if . . . the [registrant's] registration would be 
`inconsistent with the public interest.' '' Gonzales v. Oregon, 546 
U.S. 243, 251 (2006) (quoting 21 U.S.C. 824(a)(4)). The Attorney 
General's ``discretion in exercising [the authority to register and 
deregister practitioners] is spelled out in very broad terms.'' Id. at 
292 (Scalia, J., dissenting); see also Neumann's Pharmacy, L.L.C. v. 
Drug Enf't Admin., 167 F.4th 320, 323 (5th Cir. 2026) (``DEA 
unquestionably has broad authority to deregister pharmacies and 
substantial discretion to shape policy within statutory bounds.''). In 
executing this broad mandate, DEA must continuously balance the CSA's 
public interest goals of curbing the ``illegal . . . distribution[ ] 
and possession[,] and improper use of controlled substances[, which 
has] a substantial and detrimental effect on the health and general 
welfare of the American people,'' while ensuring that the public has 
access to medications that ``have a useful and legitimate medical 
purpose and are necessary to maintain the health and general welfare of 
the American people.'' 21 U.S.C. 801(1), (2); see Joanna R. Lampe, 
Cong. Rsch. Serv., R45948, The Controlled Substances Act (CSA): A Legal 
Overview for the 119th Congress (2025), <a href="https://www.congress.gov/crs-product/R45948">https://www.congress.gov/crs-product/R45948</a>.
    In the case of a ``practitioner,'' which is defined in 21 U.S.C. 
802(21) to include a ``pharmacy,'' Congress directed the Attorney 
General to consider five factors in making the public interest 
determination. 21 U.S.C. 823(g)(1)(A)-(E).\2\ Just as the phrase 
``inconsistent with the public interest'' is broad, the five factors 
that Congress directed DEA to consider in determining the public 
interest are similarly broad, suggesting that Congress intended for DEA 
to have discretion and flexibility to interpret this language as 
necessary to implement its critical mission to protect the public from 
drug abuse and diversion. See Loper Bright Enters. v. Raimondo, 603 U.S 
369, 394-95 (2024) (noting that ``[i]n a case involving an agency . . . 
the statute's meaning may well be that the agency is authorized to 
exercise a degree of discretion,'' such as where the statute uses terms 
or phrases like `appropriate or reasonable' '' (internal citations 
omitted)). Indeed, courts have recognized the Agency's broad discretion 
to deny applications and deregister practitioners for a wide variety of 
conduct that the Agency has determined is inconsistent with the public 
interest. See, e.g., Orusa v. Drug Enf't Admin., No. 22-3132, 2023 WL 
3886403 (6th Cir. June 8, 2023) (physician issuing prescriptions 
outside the usual course of professional practice and beneath the 
standard of care); St. Croix v. Drug Enf't Admin., No. 21-1116, 2022 WL 
2092177 (D.C. Cir. June 10, 2022) (physician failing to maintain 
adequate records, prescribing controlled substances without a 
legitimate medical purpose, storing controlled substances at an 
unregistered location, failing to provide effective controls to guard 
against theft or diversion of these substances); Suntree Pharmacy v. 
Drug Enf't Admin., No. 20-14626, 2022 WL 444357 (11th Cir. Feb. 14, 
2022), cert. denied, 143 S. Ct. 305 (2022) (pharmacy filling 
prescriptions outside the usual course of practice).
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    \2\ The five factors are:
    (A) The recommendation of the appropriate State licensing board 
or professional disciplinary authority.
    (B) The [registrant's] experience in dispensing, or conducting 
research with respect to controlled substances.
    (C) The [registrant's] conviction record under Federal or State 
laws relating to the manufacture, distribution, or dispensing of 
controlled substances.
    (D) Compliance with applicable State, Federal, or local laws 
relating to controlled substances.
    (E) Such other conduct which may threaten the public health and 
safety.
    21 U.S.C. 823(g)(1)(A)-(E).
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    The CSA's five public interest factors are considered in the 
disjunctive. Gonzales v. Oregon, 546 U.S. at 292-93 (Scalia, J., 
dissenting) (``It is well established that these factors are to be 
considered in the disjunctive,'' quoting In re Arora, 60 FR 4447, 4448 
(1995)); Robert A. Leslie, M.D., 68 FR 15227, 15230 (2003). Each factor 
is weighed on a case-by-case basis. David H. Gillis, M.D., 58 FR 37507, 
37508 (1993); see Morall v. Drug Enf't Admin., 412 F.3d 165, 181 (D.C. 
Cir. 2005) (describing the Agency's adjudicative process as ``applying 
a multi-factor test through case-by-case adjudication,'' quoting 
LeMoyne-Owen Coll. v. N.L.R.B., 357 F.3d 55, 61 (D.C. Cir. 2004)). Any 
one factor, or combination of factors, may be decisive, David H. 
Gillis, M.D., 58 FR at 37508, and the Agency ``may give each factor the 
weight . . . deem[ed] appropriate in determining whether a registration 
should be revoked or an application for registration denied.'' Morall, 
412 F.3d. at 185 n.2 (Henderson, J., concurring) (quoting Robert A. 
Smith, M.D., 70 FR 33207, 33208 (2007)); see also Penick Corp. v. Drug 
Enf't Admin., 491 F.3d 483, 490 (D.C. Cir. 2007).
    Moreover, while the Agency is required to consider each of the 
factors, it ``need not make explicit findings as to each one.'' MacKay 
v. Drug Enf't Admin., 664 F.3d 808, 816 (10th Cir. 2011) (quoting 
Volkman v. U.S. Drug Enf't Admin., 567 F.3d 215, 222 (6th Cir. 2009)); 
Jones Total Health Care Pharmacy, LLC v. Drug Enf't Admin., 881 F.3d 
823, 830 (11th Cir. 2018); Hoxie v. Drug Enf't Admin., 419 F.3d 477, 
482 (6th Cir. 2005). ``In short, . . . the Agency is not required to 
mechanically count up the factors and determine how many favor the 
Government and how many favor the registrant. Rather, it is an inquiry 
which focuses on protecting the public interest; what matters is the 
seriousness of the registrant's misconduct.'' Jayam

[[Page 64164]]

Krishna-Iyer, M.D., 74 FR 459, 462 (2009). Accordingly, as the Tenth 
Circuit has recognized, Agency decisions have explained that findings 
under a single factor can support the revocation of a registration. 
MacKay, 664 F.3d at 821.
    The Government has the burden of proof in this proceeding, 21 CFR 
1301.44(e), and the Agency must make its findings based on 
``substantial [record] evidence.'' 5 U.S.C. 556(d); see 5 U.S.C. 
706(2); 21 U.S.C. 877. If the Government meets its burden of 
establishing a prima facie case that Registrant's registration is not 
in the public interest, then the burden shifts to Registrant to rebut 
the Government's case. Pharmacy Doctor Enters., Inc. v. Drug Enf't 
Admin., 789 Fed. Appx. 724, 729 (11th Cir. 2019) (citing Jones Total 
Health Care Pharmacy, 881 F.3d at 830).
    Registrant is registered in Texas, and the OSC/ISO has alleged 
violations of state laws in Texas. RFAAX 1, at 2-4. Accordingly, the 
Agency must evaluate the Government's evidence under Texas law. See 
Henry Emery, M.D., 90 FR 46927, 46929 (2025) (explaining the Agency 
analyzes public interest allegations according to the laws in the state 
where registrant is registered with DEA); see also 21 U.S.C. 903 (``No 
provision of this subchapter shall be construed as indicating an intent 
on the part of the Congress to occupy the field in which that provision 
operates, including criminal penalties, to the exclusion of any State 
law on the same subject matter which would otherwise be within the 
authority of the State, unless there is a positive conflict between 
that provision of this subchapter and that State law so that the two 
cannot consistently stand together.'').

B. Applicable State Law

    According to the CSA's implementing regulations, a lawful 
controlled substance prescription is one that is ``issued for a 
legitimate medical purpose by an individual practitioner acting in the 
usual course of his professional practice.'' RFAAX 1, at 2 (citing 21 
CFR 1306.04(a)); see Gonzales v. Oregon, 546 U.S. at 274; United States 
v. Hayes, 595 F.2d 258, 260 (5th Cir. 1979), rehearing den., 598 F.2d 
620 (5th Cir. 1979), cert. denied, 444 U.S. 866 (1979). Although 
``[t]he responsibility for the proper prescribing and dispensing of 
controlled substances is upon the prescribing practitioner . . . a 
corresponding responsibility rests with the pharmacist who fills the 
prescription.'' RFAAX 1, at 2 (citing 21 CFR 1306.04(a)). Pursuant to 
the CSA's implementing regulations, only a pharmacist ``acting in the 
usual course of his professional practice'' may fill a prescription for 
a controlled substance. RFAAX 1, at 2 (citing 21 CFR 1306.06).
    As for state law, Texas regulations state that a Texas pharmacist 
``shall exercise sound professional judgment with respect to the 
accuracy and authenticity of any prescription drug order'' they 
dispense and ``shall make every reasonable effort to ensure that any 
prescription drug order . . . has been issued for a legitimate medical 
purpose by a practitioner in the course of medical practice.'' 22 Tex. 
Admin. Code Sec.  291.29(a)-(b); see also 22 Tex. Admin. Code Sec.  
291.34(b)(1); RFAAX 1, at 3.
    Texas Administrative Code Sec.  291.29(f) states that ``[a] 
pharmacist shall make every reasonable effort to prevent inappropriate 
dispensing due to fraudulent, forged, invalid, or medically 
inappropriate prescriptions in violation of a pharmacist's 
corresponding responsibility,'' and provides a list of nineteen 
``patterns (i.e., red flag factors) [that] are relevant to preventing 
the non-therapeutic dispensing of controlled substances.'' 22 Tex. 
Admin. Code Sec.  291.29(f); RFAAX 1, at 3-4. The statute further 
states that these red flags ``shall be considered by evaluating the 
totality of the circumstances rather than any single factor.'' Id. 
These ``red flag factors'' include:
    ``(1) the pharmacy dispenses a reasonably discernible pattern of 
substantially identical prescriptions for the same controlled 
substances, potentially paired with other drugs, for numerous persons, 
indicating a lack of individual drug therapy in prescriptions issued by 
the practitioner; . . .
    (3) prescriptions by a prescriber presented to the pharmacy are 
routinely for controlled substances commonly known to be abused drugs, 
including opioids, benzodiazepines, muscle relaxants, psychostimulants, 
and/or cough syrups containing codeine, or any combination of these 
drugs; . . .
    (5) prescriptions for controlled substances are commonly for the 
highest strength of the drug and/or for large quantities (e.g., monthly 
supply), indicating a lack of individual drug therapy in prescriptions 
issued by the practitioner; . . .
    (10) the Texas Prescription Monitoring Program indicates the person 
presenting the prescriptions is obtaining similar drugs from multiple 
practitioners, and/or that the person is being dispensed similar drugs 
at multiple pharmacies;
    (11) multiple persons with the same address present substantially 
similar controlled substance prescriptions from the same practitioner;
    (12) persons consistently pay for controlled substance 
prescriptions with cash or cash equivalents more often than through 
insurance;
    (13) persons presenting controlled substance prescriptions are 
doing so in such a manner that varies from the manner in which persons 
routinely seek pharmacy services (e.g., persons arriving in the same 
vehicle with prescriptions from same practitioner; one person seeking 
to pick up prescriptions for multiple others; drugs referenced by 
street names[.]''
    22 Tex. Admin. Code Sec.  291.29(f); RFAAX 1, at 3-4.
    Regarding the operational standards for a pharmacist filling a new 
prescription, the Texas Board of Pharmacy requires a pharmacist to: (i) 
review the patient's medication record and, at a minimum, identify 
clinically significant information such as ``reasonable dose and route 
of administration; . . . drug-drug interactions; . . . and [ ] proper 
utilization, including overutilization or underutilization,'' (ii) 
``take appropriate steps to avoid or resolve [any] problem'' 
identified, ``including consultation with the prescribing 
practitioner''; and (iv) resolve any questions with the prescriber and 
document the resolution. 22 Tex. Admin. Code Sec.  291.33(c)(2)(A)(i)-
(ii), (iv); see 22 Tex. Admin. Code Sec.  291.33(c)(2)(C) (outlining 
the information that such documentation must include); RFAAX 1, at 
3.\3\
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    \3\ Such documentation must be ``on the prescription or in the 
pharmacy's data processing system associated with the prescription . 
. . and shall include . . . (i) [the] date the prescriber was 
consulted; (ii) [the] name of the person communicating the 
prescriber's instructions; (iii) any applicable information 
pertaining to the consultation; and (iv) [the] initials or 
identification code of the pharmacist performing the consultation 
clearly recorded for the purpose of identifying the pharmacist who 
performed the consultation.'' 22 Tex. Admin. Code Sec.  
291.33(c)(2)(C); RFAAX 1, at 3.
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    Texas regulations further state that ``[a] pharmacist may not: (1) 
dispense . . . a controlled substance . . . except under a valid 
prescription and in the course of professional practice.'' Tex. Health 
& Safety Code Sec.  481.074(a)(1); see Tex. Health & Safety Code Sec.  
481.128(a)(1) (``A registrant or dispenser commits an offense if the 
registrant or dispenser knowingly . . . distributes, delivers, 
administers, or dispenses a controlled substance in violation of'' 
Sections 481.061-481.080 of the Texas Health and Safety Code); RFAAX 1, 
at 2.

[[Page 64165]]

III. Findings of Fact

Allegation That Registrant Filled Prescriptions Without Addressing or 
Resolving Red Flags of Abuse and/or Diversion

    In light of Registrant's default, the factual allegations in the 
OSC/ISO are deemed admitted. 21 CFR 1301.43(e). Accordingly, Registrant 
is deemed to have admitted that from January 2023 through March 2025 
Registrant repeatedly filled prescriptions for controlled substances 
that contained multiple red flags of diversion and/or abuse without 
addressing or resolving those red flags, as detailed below. RFAAX 1, at 
4.

A. Pattern Prescribing, Substances of Abuse, and Highest Strength/Large 
Quantities

    Registrant admits that ``pattern prescribing'' occurs when 
practitioners prescribe ``the same controlled substances in identical 
or substantially similar quantities, thus indicating a lack of 
individualized care.'' RFAAX 1, at 5. Registrant admits that DEA has 
recognized pattern prescribing to be a red flag consistent with abuse 
and/or diversion that needs to be addressed prior to dispensing. Id. 
(citing The Med. Shoppe, 79 FR 59504, 59512 (2014)). Registrant also 
admits that it is a red flag of abuse and/or diversion when 
prescriptions are for controlled substances that are commonly known to 
be abused, such as opioids and muscle relaxants, and for the highest 
strength and/or large quantities, such as a monthly supply. RFAAX 1, at 
5.
    Further, as discussed above, see supra Section II, Texas 
regulations have recognized pattern prescribing to be a red flag 
consistent with abuse and/or diversion that needs to be addressed prior 
to dispensing. 22 Tex. Admin. Code Ann. Sec.  291.29(f)(1); RFAAX 1, at 
3, 5. Texas regulations have also recognized that prescriptions for 
controlled substances commonly known to be abused (such as opioids and 
narcotics) and prescriptions for controlled substances prescribed at 
the highest strength and/or in large quantities (e.g., a monthly 
supply) are red flags consistent with abuse and/or diversion that need 
to be addressed prior to dispensing. 22 Tex. Admin. Code Sec. Sec.  
291.29(f)(3), (f)(5); RFAAX 1, at 3-5.
    Registrant admits that between January 19, 2023, and March 31, 
2025, Registrant routinely filled prescriptions for oxycodone 30 mg (a 
Schedule II opioid), hydrocodone-acetaminophen 10-325 mg (a Schedule II 
opioid), and carisoprodol 350 mg (a Schedule IV muscle relaxant). RFAAX 
1, at 5. Registrant further admits that it repeatedly failed to 
identify and resolve pattern prescribing from the same practitioners. 
Id.
    Specifically, Drs. C.I., M.L., and M.Q. prescribed 91-percent of 
all prescriptions that Registrant dispensed for oxycodone 30 mg (599 
prescriptions out of 655 total). RFAAX 1, at 5. Drs. C.I. and M.L. 
prescribed 97-percent of all prescriptions that Registrant dispensed 
for hydrocodone 10-325 mg (381 prescriptions out of 391 total). Id. 
Drs. C.I. and M.L. prescribed 99-percent of all prescriptions that 
Registrant dispensed for carisoprodol 350 mg (380 prescriptions out of 
383 total). Id.
    Specific examples of Registrant's failure to identify and resolve 
red flags of pattern prescribing, substances of abuse, and highest 
strength and/or large quantities raised by prescriptions issued by Dr. 
C.I. include the following:
    (a) Between December 26, 2024, and March 31, 2025, Registrant 
filled three prescriptions for individual B.P. for hydrocodone-
acetaminophen 10-325 mg (100-108 tablets), and three prescriptions for 
carisoprodol 350 mg (90 tablets). RFAAX 1, at 5.
    (b) Between September 28, 2023, and March 18, 2025, Registrant 
filled two prescriptions for individual B.S. for oxycodone 30 mg (110 
tablets), three prescriptions for hydrocodone-acetaminophen 10-325 mg 
(100 tablets), and three prescriptions for carisoprodol 350 mg (90 
tablets). RFAAX 1, at 5-6.
    (c) Between January 31, 2024, and February 19, 2025, Registrant 
filled one prescription for individual S.H. for oxycodone 30 mg (109 
tablets), two prescriptions for hydrocodone-acetaminophen 10-325 mg 
(100 tablets), and two prescriptions for carisoprodol 350 mg (90 
tablets). RFAAX 1, at 6.
    (d) Between January 16, 2025, and February 19, 2025, Registrant 
filled two prescriptions for individual C.B. for hydrocodone-
acetaminophen 10-325 mg (110 tablets), and two prescriptions for 
carisoprodol 350 mg (90 tablets). RFAAX 1, at 6.
    (e) Between October 4, 2023, and March 25, 2024, Registrant filled 
three prescriptions for individual K.B. for oxycodone 30 mg (110 
tablets). RFAAX 1, at 6.
    (f) Between August 22, 2023, and February 20, 2024, Registrant 
filled five prescriptions for individual T.D. for oxycodone 30 mg (105-
110 tablets). RFAAX 1, at 6.
    (g) Between August 10, 2023, and September 8, 2023, Registrant 
filled two prescriptions for individual Ke.B. for oxycodone 30 mg (100-
105 tablets). RFAAX 1, at 6.
    Registrant's records do not indicate that Registrant addressed or 
resolved the red flags discussed above. RFAAX 1, at 6. Accordingly, the 
Agency finds substantial record evidence that over 26-months Registrant 
repeatedly filled numerous prescriptions for controlled substances (at 
least 1,360 prescriptions) without first resolving the prescriptions' 
red flags of pattern prescribing, substances of abuse, and highest 
strength and/or large quantities. RFAAX 1, at 5-6.

B. Shared Addresses

    Registrant admits that it is a red flag of abuse and/or diversion 
when multiple individuals presenting prescriptions for controlled 
substances share the same address. RFAAX 1, at 6. Registrant further 
admits that under DEA and Texas rules, multiple persons with the same 
address presenting the same or substantially similar controlled 
substance prescriptions from the same practitioner is pattern 
prescribing that must be resolved prior to filling the prescription. 
Id. (citing 22 Tex. Admin. Code Sec.  291.29(f)(11); Holiday CVS, 
L.L.C., d/b/a CVS/Pharmacy Nos. 219 and 5195, 77 FR 62316, 62344 
(2012)).
    As discussed above, see supra Section II, Texas regulations 
identify the following as a red flag factor of abuse and/or diversion 
that must be addressed and resolved before filling a prescription for a 
controlled substance: ``multiple persons with the same address present 
substantially similar controlled substance prescriptions from the same 
practitioner.'' 22 Tex. Admin. Code Sec.  291.29(f)(11). DEA has 
recognized multiple individuals presenting the same or similar 
controlled substance prescriptions to be a red flag consistent with 
abuse and/or diversion that needs to be addressed prior to dispensing. 
Holiday CVS, 77 FR at 62344.
    Specifically, between August 22, 2023, and March 18, 2025, 
Registrant filled seven prescriptions for oxycodone 30 mg, three 
prescriptions for hydrocodone-acetaminophen 10-325 mg, and three 
prescriptions for carisoprodol 350 mg for individuals B.S. and T.D. who 
shared the same address. RFAAX 1, at 6. These prescriptions were all 
issued by Dr. C.I. Id.
    Between August 10, 2023, and February 19, 2025, Registrant filled 
three prescriptions for oxycodone 30 mg for individuals S.H. and Ke.B. 
RFAAX 1, at 6. Registrant also filled five prescriptions for 
hydrocodone-acetaminophen 10-325 mg and five prescriptions for 
carisoprodol 350 mg for individuals S.H. and C.B. Id. at 7. Individuals 
S.H., Ke.B., and C.B. shared

[[Page 64166]]

the same address. Id. These prescriptions were all issued by Dr. C.I. 
Id.
    Registrant's records do not indicate that Registrant addressed or 
resolved the red flags discussed above. RFAAX 1, at 7. Accordingly, the 
Agency finds substantial record evidence that over approximately 19 
months Registrant repeatedly filled numerous prescriptions for 
controlled substances, at least 26 in total, without first resolving 
the prescriptions' red flags of the recipients sharing the same 
address. Id.

C. Long Distances

    Registrant admits that DEA has recognized that traveling long 
distances to obtain or fill controlled substance prescriptions is a red 
flag of abuse and/or diversion. RFAAX 1, at 7 (citing E Main St. 
Pharmacy, 75 FR 66149, 66164 (2010)).
    Registrant is further deemed to have admitted that it repeatedly 
filled controlled substance prescriptions without identifying and 
resolving the red flag of patients traveling long distances to obtain 
or fill the prescriptions.\4\ RFAAX 1, at 7. Specifically, Registrant 
is deemed to have admitted that the following controlled substance 
prescriptions it filled raised the red flag of long distances:
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    \4\ Though long distances are not specifically mentioned in the 
Texas regulations as a red flag factor, the OSC/ISO notes that ``DEA 
has found that traveling long distances to obtain or fill controlled 
substances prescriptions is a well-known red flag of abuse or 
diversion.'' RFAAX 1, at 7 (citing E Main St. Pharmacy, 75 FR 66149, 
66164 (2010) (finding that ``the fact that the patients were driving 
so far to get their prescriptions filled `would be a major red flag 
to any pharmacist' '')).
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    (a) On six occasions between December 26, 2024, and March 31, 2025, 
Registrant (Conroe location) \5\ filled prescriptions for hydrocodone-
acetaminophen 10-325 mg (100-108 tablets) or carisoprodol 350 mg (90 
tablets) for individual B.P., whose home address was approximately 67 
miles from Registrant. RFAAX 1, at 7.
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    \5\ Registrant's registered address was in Richmond, Texas, 
prior to September 2024, at which time it relocated to a registered 
address in Conroe, Texas. RFAAX 1, at 4.
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    (b) On six occasions between December 26, 2024, and March 18, 2025, 
Registrant (Conroe location) filled prescriptions for hydrocodone-
acetaminophen 10-325 mg (100 tablets) or carisoprodol 350 mg (90 
tablets) for individual B.S., whose home address is approximately 50 
miles from Registrant. RFAAX 1, at 7. On two occasions between October 
3, 2023, and April 23, 2024, Registrant (Richmond location) filled 
prescriptions for oxycodone 30 mg (110 tablets) for individual B.S., 
whose home address was approximately 31 miles from Registrant. Id.
    (c) On four occasions between January 15, 2025, and February 19, 
2025, Registrant (Conroe location) filled prescriptions for 
hydrocodone-acetaminophen 10-325 mg (100 tablets) or carisoprodol 350 
mg (90 tablets) for individual S.H., whose home address is 
approximately 52 miles from Registrant. RFAAX 1, at 7. On one occasion, 
on January 31, 2024, Registrant (Richmond location) filled a 
prescription for oxycodone 30 mg (109 tablets) for individual S.H., 
whose home address was approximately 29 miles from Registrant. Id.
    (d) On four occasions between January 16, 2025, and February 19, 
2025, Registrant (Conroe location) filled prescriptions for 
hydrocodone-acetaminophen 10-325 mg (110 tablets) or carisoprodol 350 
mg (90 tablets) for individual C.B., whose home address was 
approximately 52 miles from Registrant. RFAAX 1, at 7-8.
    (e) On three occasions between October 4, 2023, and March 25, 2024, 
Registrant (Richmond location) filled prescriptions for oxycodone 30 mg 
(110 tablets) for individual K.B., whose home address was approximately 
303 miles from Registrant. RFAAX 1, at 8.
    (f) On five occasions between August 22, 2023, and February 20, 
2024, Registrant (Richmond location) filled prescriptions for oxycodone 
30 mg (105-110 tablets) for individual T.D., whose home address was 
approximately 31 miles from Registrant. RFAAX 1, at 8.
    (g) On two occasions between August 10, 2023, and September 8, 
2023, Registrant (Richmond location) filled prescriptions for oxycodone 
30 mg (100-105 tablets) for individual Ke.B., whose home address was 
approximately 29 miles from Registrant. RFAAX 1, at 8.
    Registrant's records do not indicate that Registrant addressed or 
resolved the red flag of individuals traveling long distances to fill 
controlled substance prescriptions, as discussed above. RFAAX 1, at 7-
8. Accordingly, the Agency finds substantial record evidence that 
Registrant repeatedly filled numerous prescriptions for controlled 
substances without first resolving the prescriptions' red flag of the 
recipients traveling long distances to fill them. Id.

D. Cash Payments and Inflated Prices

    Registrant admits that individuals paying for controlled substance 
prescriptions using cash instead of insurance is a red flag of abuse 
and/or diversion. RFAAX 1, at 8.
    Further, as discussed above, see supra Section II, Texas 
regulations identify the following prescribing pattern as a red flag 
factor: ``[P]ersons consistently pay for controlled substance 
prescriptions with cash or cash equivalents more often than through 
insurance.'' 22 Tex. Admin. Code Sec.  291.29(f)(12); RFAAX 1, at 8. 
DEA has also recognized that cash payments are a red flag. See E Main 
St. Pharmacy, 75 FR at 66158, 66164 (``[A]ny reasonable pharmacist 
knows that a patient that wants to pay cash for a large quantity of 
controlled substances is immediately suspect.'') (internal quotations 
omitted). Paying cash or a cash equivalent for controlled substance 
prescriptions is a red flag of abuse and/or diversion because it allows 
the individual to avoid the scrutiny associated with the use of 
insurance. Id.; Jones Total Health Care Pharmacy, L.L.C., and SND 
Health Care, L.L.C., 81 FR 79188, 79191 (2016).
    In addition, DEA has recognized that individuals paying inflated 
prices for controlled substance prescriptions is a red flag of abuse 
and/or diversion, especially when the price is higher than that of 
other pharmacies. Gulf Med Pharmacy, 86 FR 72694, 72696 (2021); Jones 
Total Health Care Pharmacy, 81 FR at 79191; RFAAX 1, at 8. Inflating 
prices for controlled substances is a red flag ``because a legitimate 
patient, who could fill his or her prescription at any pharmacy, will 
switch pharmacies in order to pay the fair market price for that 
prescription,'' as opposed to a ``highly suspect patient [who] can only 
fill prescriptions at a suspicious pharmacy'' and is willing to ``pay 
whatever price that suspicious pharmacy sets.'' Gulf Med Pharmacy, 86 
FR at 72696.
    Registrant admits that it repeatedly filled controlled substance 
prescriptions without identifying and resolving the red flags of cash 
payments and inflated prices. RFAAX 1, at 8-9. Specifically, Registrant 
is deemed to have admitted that the following controlled substance 
prescriptions it filled raised the red flags of cash payments and/or 
inflated prices:
    (a) On six occasions between December 26, 2024, and March 31, 2025, 
individual B.P. paid Registrant between $290.26-$340.26 in cash for 
hydrocodone-acetaminophen 10-325 mg (100-108 tablets) prescriptions or 
$90.67 in cash for carisoprodol 350 mg (90 tablets) prescriptions. 
RFAAX 1, at 8-9.
    (b) On eight occasions between September 28, 2023, and March 18, 
2025, individual B.S. paid Registrant between $1,030.99-$1,180.99 in 
cash for

[[Page 64167]]

oxycodone 30 mg prescriptions, between $290.06-$340.06 in cash for 
hydrocodone-acetaminophen 10-325 mg prescriptions, or $90.67 in cash 
for carisoprodol 350 mg prescriptions. RFAAX 1, at 9.
    (c) On five occasions between January 31, 2024, and February 19, 
2025, individual S.H. paid Registrant $1,030.90 in cash for oxycodone 
30 mg prescriptions, $340.06 in cash for hydrocodone-acetaminophen 10-
325 mg prescriptions, or $90.67 in cash for carisoprodol 350 mg 
prescriptions. RFAAX 1, at 9.
    (d) On four occasions between January 16, 2025, and February 19, 
2025, individual C.B. paid Registrant $340.96 in cash for hydrocodone-
acetaminophen 10-325 mg prescriptions or $90.67 in cash for 
carisoprodol 350 mg prescriptions. RFAAX 1, at 9.
    (e) On three occasions between October 4, 2023, and March 25, 2024, 
individual K.B. paid Registrant between $1,030.99-$1,180.99 in cash for 
oxycodone 30 mg prescriptions. RFAAX 1, at 9.
    (f) On five occasions between August 22, 2023, and February 20, 
2024, individual T.D. paid Registrant $1,030.72 in cash for oxycodone 
30 mg prescriptions. RFAAX 1, at 9.
    (g) On three occasions between August 10, 2023, and September 8, 
2023, individual Ke.B. paid Registrant $1,030.30 in cash for oxycodone 
30 mg prescriptions. RFAAX 1, at 9.
    Registrant's records do not indicate that Registrant addressed or 
resolved the red flags of individuals paying in cash or cash 
equivalents, and/or inflated prices, for controlled substance 
prescriptions, as discussed above. RFAAX 1, at 8-9. Accordingly, the 
Agency finds substantial record evidence that Registrant repeatedly 
filled numerous prescriptions for controlled substances without first 
resolving the prescriptions' red flags of cash payments and/or inflated 
prices. Id.

E. Expert Review

    DEA retained an independent pharmacy expert who reviewed 
Registrant's Prescription Monitoring Program data, the prescriptions 
identified above (supra Section III.A-D), prescription profiles, and 
patient notes, and concluded that Registrant filled the prescriptions 
identified above without resolving red flags of drug abuse and/or 
diversion. RFAAX 1, at 9. The independent pharmacy expert concluded 
that from January 2023 to at least March 2025, Registrant filled the 
above prescriptions in violation of federal law and binding minimal 
standards that govern the practice of pharmacy in Texas. Id.
    In consideration of all the above, the Agency finds substantial 
record evidence that Registrant repeatedly dispensed the above-
referenced prescriptions without first resolving the above-referenced 
red flags, and that Registrant's dispensing of these prescriptions was 
outside the usual course of professional practice and lacked a 
legitimate medical purpose.

IV. Public Interest Determination

A. Registrant's Registration Is Inconsistent With the Public Interest

    While the Agency has considered all the public interest factors of 
21 U.S.C. 823(g)(1), the Government's evidence in support of its prima 
facie case primarily implicates Factors B and D. RFAA, at 9; RFAAX 1, 
at 5. Evidence is considered under Factor B when it reflects experience 
dispensing controlled substances and under Factor D when it reflects 
compliance or non-compliance with laws related to controlled 
substances. Kareem Hubbard, M.D., 87 FR 21156, 21162 (2022). Although 
Factors B and D have some overlap, such that the Agency has frequently 
analyzed them together, Congress must have intended Factor B to 
encompass conduct that is not captured under Factor D. See Kungys v. 
United States, 485 U.S. 759, 778 (1988) (referencing the ``cardinal 
rule of statutory interpretation that no provision should be construed 
to be entirely redundant'').
i. Factor B
    As already discussed, the CSA gives the Attorney General authority 
to revoke a registration if he determines that the registrant ``has 
committed such acts as would render his registration . . . inconsistent 
with the public interest as determined under [section 823].'' 21 U.S.C. 
824(a). One of the five factors that the Attorney General must consider 
in making this determination is the registrant's ``experience in 
dispensing . . . controlled substances.'' 21 U.S.C. 823(g)(1)(B) 
(Factor B). Neither the statute nor the implementing regulations 
defines the term ``experience'' or places any limitations on the type 
of conduct that may be considered as ``experience'' under Factor B.\6\
---------------------------------------------------------------------------

    \6\ The only limitation discussed in the legislative history on 
DEA's authority under Factor B is that DEA should not ``construe 
[this factor] in anyway to hinder registration of recent graduates 
of professional schools who may have no professional experience 
dispensing or conducting research with controlled substances.'' H.R. 
REP. NO. 98-835, pt. 1, at 14 (1984).
---------------------------------------------------------------------------

    Historically, the Agency's Factor B \7\ analysis considered ``both 
the qualitative manner and quantitative volume of the [practitioner's] 
experience . . . as expressed through his patients and employees,'' and 
concluded that the record must contain quantitative evidence regarding 
the practitioner's experience for the Agency to find that Factor B 
weighs against a practitioner. E.g., Clair L. Pettinger, 78 FR 61592, 
61619 (2013). In 2015, the Agency abandoned this language, observing 
that the text of Factor B did not require DEA to consider the 
practitioner's ``quantity'' of prescribing. See JM Pharmacy Group, 
Inc., 80 FR 28667, 28667-68 (2015); see also Wesley Pope, M.D., 82 FR 
14944, 14982 (2017). The Agency reviewed dictionary definitions of 
``experience,'' including:
---------------------------------------------------------------------------

    \7\ Historically, the Agency referred to ``Factor B'' as 
``Factor Two.'' Effective December 2, 2022, the Medical Marijuana 
and Cannabidiol Research Expansion Act, Public Law 117-215, 136 
Stat. 2257 (2022) (Marijuana Research Amendments or MRA), amended 
the Controlled Substances Act (CSA) and other statutes. Relevant to 
this matter, the MRA redesignated the public interest factors 
outlined at 21 U.S.C. 823(f)(1)-(5), which the Agency referred to as 
Factors One through Five, as 21 U.S.C. 823(g)(1)(A)-(E), which the 
Agency now refers to as Factors A through E. Accordingly, this 
Decision cites to the current designation, 21 U.S.C. 823(g)(1)(B), 
``Factor B.''
---------------------------------------------------------------------------

    (1) The ``direct observation of or participation in events as a 
basis for knowledge,'' (2) ``the fact or state of having been affected 
by or gained knowledge through direct observation or participation,'' 
(3) ``practical knowledge, skill, or practice derived from direct 
observation of or participation in events or in a particular 
activity,'' and (4) ``the length of such participation.''
    80 FR at 28667 n.2 (citing Webster's Collegiate Dictionary 409 
(10th ed. 1998); The Random House Dictionary of the English Language 
681 (2d ed. 1987)).
    The word ``dispense'' means ``to deliver a controlled substance[ ] 
to an ultimate user or research subject by, or pursuant to the lawful 
order of a practitioner, including the prescribing or administering of 
a controlled substance and the packaging, labeling or compounding 
necessary to prepare the substance for such delivery.'' 21 U.S.C. 
802(10). This definition encompasses, among other things, practitioners 
who prescribe controlled substances and pharmacies who fill controlled 
substance prescriptions. Id. The term ``controlled substance'' simply 
means ``a drug or other substance . . . included in schedule I, II, 
III, IV, or V . . . .'' 21 U.S.C. 802(6). Thus, the phrase ``experience 
in dispensing'' means the direct participation in the act of 
delivering, prescribing, dispensing, or

[[Page 64168]]

administrating a controlled substance to an ultimate user.
    The phrase ``experience in dispensing'' must be considered within 
the context of DEA's broad mandate under 21 U.S.C. 824(a) to deregister 
practitioners who ``ha[ve] committed such acts as would render [their] 
registration . . . inconsistent with the public interest.'' 21 U.S.C. 
824(a)(4). In other words, in determining what type of conduct is 
relevant under Factor B, DEA's primary focus is to determine whether a 
registrant's ``experience in dispensing'' is ``inconsistent with the 
public interest'' or whether a registrant's dispensing constitutes 
``acts'' that are inconsistent with the public interest. 21 U.S.C. 
823(g)(1), 824(a)(4).
    The word ``inconsistent'' is not defined in the CSA, but it is 
commonly defined as ``lacking consistency: such as (a) not compatible 
with another fact or claim, [and] (b) containing incompatible 
elements.'' Inconsistent, Merriam-Webster, <a href="https://www.merriam-webster.com/dictionary/inconsistent">https://www.merriam-webster.com/dictionary/inconsistent</a> (last visited on the date of 
signature). ``Public interest'' is a broad, discretionary term not 
explicitly defined in the CSA, but Congress identifies the primary 
goals in the CSA's introductory section as ensuring access to 
controlled substances used for a ``legitimate medical purpose'' while 
protecting the public from the ``illegal . . . distribution . . . and 
improper use of controlled substances[, which] have a substantial and 
detrimental effect on the health and general welfare of the American 
people.'' 21 U.S.C. 801(1) & (2).
    Considering these goals, DEA's Factor B analysis primarily concerns 
whether a registrant's ``experience in dispensing'' reflects illegal 
distribution or improper use of controlled substances that is 
inconsistent with the public interest. Id. In the context of a 
pharmacy, this would require the Agency to evaluate whether a pharmacy 
has dispensed controlled substances in a manner that is improper, 
illegal, or inconsistent with the public interest; for example, by 
ignoring indicators that a prescription lacked a legitimate medical 
purpose or would be improperly used, by filling a prescription in a 
manner that is inconsistent with state law or the state's standards of 
practice, or by distributing controlled substances in a way that 
creates a risk of diversion.\8\
---------------------------------------------------------------------------

    \8\ Analysis of whether a prescription is illegally filled, 
distributed, or possessed also fit within Factor D, ``Compliance 
with applicable State, Federal, or local laws relating to controlled 
substances.'' 21 U.S.C. 823(g)(1)(D).
---------------------------------------------------------------------------

    Of course, the Agency is not only concerned with acts of 
intentional diversion,\9\ as DEA has explained that ``[c]areless or 
negligent handling of controlled substances creates the opportunity for 
diversion and [can] justify the revocation of an existing registration 
. . .'' Samson K. Orusa, M.D., 87 FR 2986, 3018 (2022) (quoting Paul J. 
Caragine, Jr., 63 FR 51592, 51602 (1998)); Bradley H. Chesler, M.D., 87 
FR 4917, 4917-01 (2022) (citing Bienvenido Tan, 76 FR 17673, 17689 
(2011)); Dewey C. MacKay, M.D., 75 FR 49956, 49974 n.35 (2010) 
(``Accordingly, under the public interest standard, DEA has authority 
to consider those prescribing practices of a physician, which, while 
not rising to the level of intentional or knowing misconduct, 
nonetheless create a substantial risk of diversion.''). Indeed, neither 
21 U.S.C. 824(a) nor 21 U.S.C. 823(g) requires DEA to find that a 
registrant has intentionally diverted controlled substances. 
Ultimately, a registrant whose dispensing practices create an 
environment that encourages or is indifferent to the abuse or diversion 
of controlled substances is acting outside the public's interest. As 
the opioid epidemic surges and other controlled substances, such as 
amphetamines, ketamine, and benzodiazepines, are increasingly abused, 
DEA must remain vigilant to protect the public against registrants who 
fail to employ the CSA's safeguards to ensure the health and general 
wellness of the American public.
---------------------------------------------------------------------------

    \9\ Only criminally unlawful conduct requires an act of 
intentional diversion such as proof that a physician ``used `his 
authority to prescribe controlled substances . . . not for treatment 
of a patient, but for the purpose of assisting another in the 
maintenance of a drug habit' or some other illegitimate purposes, 
such as his own `personal profit.' '' United States v. McIver, 470 
F.3d 550, 559 (4th Cir. 2006) (quoted in Laurence T. McKinney, 73 FR 
43260, 43266 (2008)). Compare 21 U.S.C. 823 and 824, with 21 U.S.C. 
841, 842, 843.
---------------------------------------------------------------------------

    Registrants ``may continue to introduce evidence as to . . . lawful 
. . . dispensing activities.'' \10\ However, the Agency has found that 
``evidence that a practitioner has treated thousands of patients does 
not negate a prima facie showing that the practitioner has committed 
acts inconsistent with the public interest.'' \11\Krishna-Iyer, 74 FR 
at 463. Accordingly, the Agency has consistently rejected registrants' 
arguments that acts of unlawful prescribing were mitigated by years of 
lawful prescribing. See, e.g., Syed-Jawed Akhtar-Zaidi, 80 FR 42961, 
42967 (2015), pet. for rev. denied, 841 F.3d 707, 713 (6th Cir. 2016) 
(rejecting respondent's argument that he was denied a ``fair 
adjudication'' because the Government seized 400 patient files but only 
proved the illegality of a handful of prescriptions issued during 
undercover visits, and finding that ``the physician's prescribings to 
thousands of other patients do not . . . render her prescribings to the 
undercover officers any less unlawful, or any less acts which are 
inconsistent with the public interest'') (internal quotations and 
citations omitted).\12\
---------------------------------------------------------------------------

    \10\ Randall L. Wolff, M.D., 77 FR 5106, 5153 (2012) (finding 
that evidence of lawful prescribing is ``entitled to some 
evidentiary weight only in cases where a practitioner credibly 
demonstrates an acceptance of responsibility and reform of past 
practices''); see also Roberto Zayas, M.D., 82 FR 21410, 21422 n.27 
(2017) (``[T]he Agency properly considers a [registrant's] evidence 
of a lengthy history of compliance after the Government makes out 
its prima facie case, as determining what sanction is necessary to 
protect the public interest is the ultimate purpose of these 
provisions.''). In other words, this evidence may be relevant to the 
Agency's sanctions analysis.
    \11\ ``[E]very registrant can undoubtedly point to an extensive 
body of legitimate prescribing over the course of [their] 
professional career.'' Krishna-Iyer, 74 FR at 463. Accordingly, 
except where the Agency has found in its decision that a 
prescription was issued outside the public interest or in violation 
of law, the Agency assumes that all controlled substance 
prescriptions dispensed by a pharmacy are dispensed for a legitimate 
medical purpose and in accordance with relevant laws. See Dewey C. 
Mackay, M.D., 75 FR at 49977.
    \12\ In an unreported opinion, the Sixth Circuit affirmed DEA's 
conclusion that the respondent's acts of unlawful prescribing 
outweighed his years of work experience. Orusa v. Drug Enf't Admin., 
2023 WL 3886403 at *5 (``Orusa's credentials and years of work 
experience, which the agency acknowledged, do nothing to disturb the 
agency's detailed review of his prescribing history--the relevant 
``experience in dispensing . . . controlled substances.'').
---------------------------------------------------------------------------

    Here, as found above, Registrant is deemed to have admitted, and 
the Agency finds, that Registrant repeatedly filled controlled 
substance prescriptions that contained multiple red flags of abuse and/
or diversion without addressing or resolving those red flags. 
Registrant has further admitted that it ``repeatedly dispensed 
prescriptions in violation of the minimum practice standards that 
govern pharmacy practice in Texas.'' RFAAX 1, at 4. The Agency finds 
that Registrant's failure to adhere to the minimum standards governing 
Texas pharmacy practice and its repeated issuance of prescriptions 
without addressing or resolving red flags reflects ``experience in 
dispensing . . . controlled substances'' that created an opportunity 
for the abuse or diversion of controlled substances and was outside the 
public interest. Registrant did not request a hearing and thus did not 
provide the Agency with any evidence related to its ``experience in 
dispensing'' that served the public's interest. Accordingly, the Agency 
finds that Factor B weighs strongly against Registrant's continued 
registration.\13\
---------------------------------------------------------------------------

    \13\ While the Agency has determined that Registrant's 
dispensing conduct is relevant to Factors B and D, to the extent 
that the found conduct does not fall within these factors, it would 
nevertheless constitute ``other conduct which may threaten the 
public health and safety.'' 21 U.S.C. 823(g)(1)(E). Registrant's 
repeated dispensing of controlled substances without addressing or 
resolving red flags may threaten the public health and safety by 
creating the risk that controlled substances may leave the CSA's 
closed distribution system and be abused or diverted.

---------------------------------------------------------------------------

[[Page 64169]]

ii. Factor D
    Under Factor D, the Agency considers a registrant's ``[c]ompliance 
with applicable State, Federal, or local laws relating to controlled 
substances.'' 21 U.S.C. 823(g)(1)(D). Texas law establishes several 
factors that require resolution ``to prevent[] the non-therapeutic 
dispensing of controlled substances''--in other words, diversion--a 
concern that goes to the heart of the CSA's public interest goal to 
ensure controlled substances stay in legitimate channels and outside of 
illicit channels. 22 Tex. Admin. Code Sec.  291.29(f); 21 U.S.C. 801(1) 
& (2); Gonzales v. Raich, 545 U.S. at 12-13.
    Here, an independent medical expert reviewed the evidence in this 
matter and concluded that Registrant's dispensing failed to prevent 
diversion insofar as Registrant failed to resolve concerns that Texas 
law establishes are indicative of diversion, and therefore, require 
resolution. RFAAX 1, at 9. To this extent, as the expert concluded, 
Registrant's repeated failure to resolve red flags--that are indicative 
of diversion per Texas law--violated ``binding minimal standards that 
govern'' the dispensing of controlled substances, standards which are 
designed to prevent diversion and that align with the CSA's public 
interest goals. Id. In this way, Registrant's dispensing failed to 
comply with applicable state law relating to controlled substances and 
the prevention of diversion. 21 U.S.C. 823(g)(1)(D).
    Accordingly, as found above, Registrant is deemed to have admitted, 
and the Agency finds, that Registrant repeatedly dispensed controlled 
substances over a period of two years without resolving or documenting 
multiple red flags of drug abuse and/or diversion, as required by state 
law. As such, the Agency finds substantial record evidence that 
Registrant violated Texas law by failing to resolve red flags that are 
indicative of diversion. 22 Tex. Admin. Code Sec.  291.29(f).
    The Agency finds that after considering the public interest factors 
of 21 U.S.C. 823(g)(1), Factors B and D weigh in favor of revocation of 
Registrant's registration. Accordingly, the Government has satisfied 
its prima facie burden of showing that Registrant's continued 
registration would be ``inconsistent with the public interest.'' 21 
U.S.C. 824(a)(4). The Agency also finds that there is insufficient 
mitigating evidence to rebut the Government's prima facie case. Thus, 
the only remaining issue is whether, in spite of the public interest 
determination, Registrant can be trusted with a registration.

V. Sanction

    Where, as here, the Government has met its burden of showing that 
Registrant's continued registration is inconsistent with the public 
interest, the burden shifts to Registrant to show why she can be 
entrusted with a registration. Morall, 412 F.3d at 174; Jones Total 
Health Care Pharmacy, 881 F.3d at 830; Garrett Howard Smith, M.D., 83 
FR 18882, 18904 (2018). The issue of trust is necessarily a fact-
dependent determination based on the circumstances presented by the 
individual registrant. Jones Total Health Care Pharmacy, 881 F.3d at 
833; Jeffrey Stein, M.D., 84 FR 46968, 46972 (2019). Moreover, as 
``past performance is the best predictor of future performance,'' the 
Agency requires that a registrant who has committed acts inconsistent 
with the public interest accepts responsibility for those acts, 
understands the gravity and seriousness of the misconduct, and 
demonstrates that the registrant will not engage in future misconduct. 
ALRA Labs., Inc. v. Drug Enf't Admin., 54 F.3d 450, 452 (7th Cir. 
1995); Jones Total Health Care Pharmacy, 881 F.3d at 831-33. The Agency 
requires a registrant's unequivocal acceptance of responsibility. Janet 
S. Pettyjohn, D.O., 89 FR 82639, 82641 (2024); Mohammed Asgar, M.D., 83 
FR 29569, 29573 (2018); Jones Total Health Care Pharmacy, 881 F.3d at 
830-31. In addition, a registrant's candor during the investigation and 
hearing, if one is requested, is an important factor in determining 
acceptance of responsibility and the appropriate sanction. Jones Total 
Health Care Pharmacy, 881 F.3d at 830-31; Hoxie, 419 F.3d at 483-84. 
Further, the Agency considers the egregiousness and extent of the 
misconduct as significant factors in determining the appropriate 
sanction. Jones Total Health Care Pharmacy, 881 F.3d at 834 & n.4. The 
Agency also considers the need to deter similar acts by a registrant 
and by the community of registrants. Stein, 84 FR at 46972-73.
    Here, Registrant did not timely request a hearing and was deemed to 
be in default. 21 CFR 1301.43(c)(1), (e), (f)(1); RFAA, at 1-2, 9. To 
date, Registrant has not filed a motion with the Office of the 
Administrator to excuse the default. 21 CFR 1301.43(c)(1). Registrant 
has thus failed to answer the allegations contained in the OSC/ISO and 
has not otherwise availed itself of the opportunity to refute the 
Government's case. As such, Registrant has made no representations as 
to its future compliance with the CSA nor made any demonstration that 
it can be entrusted with registration. Moreover, the evidence presented 
by the Government, and that is deemed admitted by way of Registrant's 
default, shows that Registrant committed egregious violations of the 
CSA by repeatedly filling controlled substance prescriptions over 
several years without addressing or resolving serious red flags that 
the controlled substances were being abused and/or diverted, further 
indicating that Registrant cannot be entrusted with a registration.
    Accordingly, the Agency will order the revocation of Registrant's 
registration.

Order

    Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 
U.S.C. 823(g)(1) and 824(a)(4), I hereby revoke DEA Certificate of 
Registration, No. FW2318497, issued to Wellwise Pharmacy Inc. Further, 
pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 
823(g)(1) and 824(a)(4), I hereby deny any pending applications of 
Wellwise Pharmacy Inc. to renew or modify this registration, as well as 
any other pending application of Wellwise Pharmacy Inc. for additional 
registration in Texas. This Order is effective November 6, 2026.

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
October 2, 2026, by DEA Administrator Terrance C. Cole. That document 
with the original signature and date is maintained by DEA. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DEA Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of DEA. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-20552 Filed 10-6-26; 8:45 am]
BILLING CODE 4410-09-P


</pre></body>
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Indexed from Federal Register on October 7, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.