PHILADELPHIA, PA — United States Attorney Jacqueline C. Romero has announced that Dr. Daniel Rubino has agreed to pay $8,000 to resolve allegations that he violated the Controlled Substances Act (CSA). The allegations involve the self-prescribing of Schedule III and Schedule IV controlled substances without a legitimate medical purpose at his medical office, Daniel T. Rubino, P.C., located at 176 E. Conestoga, Devon, PA.
An investigation conducted by the Drug Enforcement Administration (DEA) revealed that between March 2020 and December 2022, Dr. Rubino was self-prescribing medications, specifically buprenorphine and eszopiclone. According to the investigation, Rubino wrote approximately 44 prescriptions to himself during this period. These actions were performed without the oversight of a prescribing physician, initial assessments, reevaluations, or routine monthly visits that included a full assessment of his chronic pain and urinalysis. This led to repeated dispensing or distribution of Schedule III and IV controlled substances in violation of federal regulations.
The CSA was enacted by Congress to combat the illegal importation, manufacture, distribution, and improper use of controlled substances, including prescription medications. It mandates that individuals and entities registered with the DEA must maintain complete and accurate records of all controlled substances and implement security systems to prevent loss, theft, or inappropriate dispensing.
Dr. Rubino has entered into a two-year Memorandum of Agreement (MOA) with the DEA. This MOA imposes compliance obligations that are significantly more stringent than those in the applicable laws and regulations. It is designed to ensure that Dr. Rubino adheres strictly to the guidelines regarding the handling of controlled substances.
“Physicians who dispense and distribute Schedule III and IV controlled substances to themselves are engaging in a form of diversion,” stated U.S. Attorney Romero. “Physicians and pharmacists have a responsibility to ensure that all controlled substances are tracked through a distribution chain and are prescribed in the usual course of professional practice. Our office is committed to ensuring total compliance with the Controlled Substances Act and we will vigorously enforce violations whenever we find them. Self-prescribing by physicians is no exception.”
Thomas Hodnett, Special Agent in Charge of the DEA’s Philadelphia Field Division, emphasized the importance of accountability in the distribution of controlled substances. “The goal of DEA’s closed system of distribution is to create accountability for controlled substances – this includes accountability for physicians who self-prescribe controlled substances,” Hodnett said. “By self-prescribing numerous prescriptions for controlled substances over the course of more than two years, Rubino violated this closed system and created an environment where controlled substances could not be tracked through a distribution chain. As a pain management physician himself, Rubino should have known better.”
The government’s pursuit of this matter underscores its commitment to combating the diversion of controlled substances. The dispensing and distributing requirements applicable to DEA registrants, including physicians, are critical tools in deterring drug diversion.
The investigation was conducted by the DEA’s Philadelphia Field Division. The case and subsequent settlement were managed by Assistant U.S. Attorneys Deborah W. Frey and Anthony Scicchitano.
The allegations remain unproven in court, and there has been no determination of civil liability against Dr. Rubino.
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