El Paso Physician Agrees to $200,000 Settlement Over Improper Controlled Substance Prescribing

An El Paso physician has reached a $200,000 settlement with federal and state authorities to resolve allegations that he violated laws by improperly prescribing controlled substances to government healthcare program beneficiaries.

Dr. Brian August settled claims under the Controlled Substances Act, the False Claims Act, and the Texas Health Care Program Fraud Prevention Act following an investigation into his prescribing practices. The case focused specifically on 255 prescriptions for powerful controlled medications issued to 15 patients enrolled in Medicare Part D or Texas Medicaid over a three-and-a-half-year period from December 2017 through May 2021.

Federal investigators determined that Dr. August prescribed a range of highly regulated substances without adhering to required protocols. The prescriptions included Schedule II drugs—the highest category of legally available controlled medications—such as morphine, fentanyl, hydrocodone, oxycodone, and tapentadol. He also prescribed Schedule IV controlled substances including carisoprodol, zolpidem, clonazepam, alprazolam, and tramadol.

According to the Department of Justice, the physician failed to comply with Texas’ minimum standards for treating pain conditions. Specifically, authorities alleged that Dr. August did not properly document legitimate medical purposes for the prescriptions, demonstrate medical necessity, or show that the prescriptions were issued within normal professional practice parameters.

These violations rendered the prescriptions ineligible for reimbursement through federal and state healthcare programs, triggering both controlled substance violations and false claims allegations.

The settlement directs restitution payments of $994.22 to the Texas Medicaid program and $44,380.55 to Medicare Part D. The remainder of the $200,000 payment covers civil damages under both the federal False Claims Act and Texas Health Care Fraud Prevention Act, plus additional penalties assessed under the Controlled Substances Act.

As part of the resolution, Dr. August has surrendered his Drug Enforcement Administration registration, which authorized him to prescribe controlled substances, and has agreed not to apply for a new one. Additionally, he relinquished his Texas medical license, which had already been suspended by the Texas Medical Board during the investigation process.

The case highlights ongoing efforts by authorities to address inappropriate prescribing of controlled substances amid the nation’s continuing opioid epidemic. Improper prescribing of opioids and other controlled medications has remained a priority for federal and state enforcement agencies as the crisis continues to claim thousands of American lives annually.

The investigation represented a collaborative effort between multiple agencies, including the U.S. Attorney’s Office for the Western District of Texas, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Texas Office of the Attorney General.

This settlement comes as part of broader nationwide efforts to hold healthcare providers accountable for prescribing practices that fail to meet established standards. Federal authorities have increasingly scrutinized prescribers who deviate from accepted medical practice when issuing prescriptions for powerful and potentially addictive medications.

The case underscores the significant legal and professional consequences healthcare providers may face when failing to adhere to prescribing requirements, particularly for controlled substances dispensed to patients covered by government healthcare programs.