The Oklahoman

Doc to pay $300K over Rx violations

- Tulsa World curtis.killman@tulsaworld.com BY CURTIS KILLMAN

TULSA — A federal judge has ordered a Tulsa doctor to pay nearly $300,000 in fines related to 430 controlled-drug law violations while medical director at a spa.

U.S. District Judge John Dowdell, in an opinion and order issued Sunday, ordered Dr. Darnell E. Blackmon to pay civil fines totaling $296,000 following a nonjury trial held Oct. 26 in Tulsa federal court.

Blackmon had asked the judge to impose no monetary penalty, citing a range of factors that include his assertion that he didn’t willingly violate federal drug laws or profit financiall­y.

Dowdell determined that a “significan­t” monetary penalty was appropriat­e.

A civil complaint filed March 4, 2016, by prosecutor­s on behalf of the U.S. Drug Enforcemen­t Agency alleged that Blackmon, who is an orthopedic surgeon, violated federal drug laws while he was medical director for the Enhanced Skin & Body Medical Spa, 6616 S. Memorial Drive, from 2011 to 2014.

Blackmon later admitted to seven of the eight counts alleged by prosecutor­s.

His admissions included failing to keep proper records related to the dispensing of testostero­ne and the diet drug phentermin­e. He also admitted to allowing nurses at the spa to prescribe and/ or administer testostero­ne and phentermin­e in his absence. Blackmon also admitted to prescribin­g and administer­ing testostero­ne to himself on three occasions in 2013 as well as failing to obtain a DEA registrati­on necessary to dispense such drugs at the spa.

Blackmon could have faced monetary penalties totaling $9.88 million, and prosecutor­s had asked that he be fined a total of $441,500.

Testimony at the bench trial indicated that Blackmon invested $25,000 in the spa but received only a $500 monthly fee under his agreement with the spa owner, according to Dowdell’s order.

One issue in the trial was whether Blackmon knew that spa personnel were using a stamp with his signature and DEA number to order phentermin­e and testostero­ne. Blackmon maintained that he had not authorized the making of the stamp or its use at the spa, Dowdell’s opinion states.

However, the judge said he gave greater credibilit­y to testimony from the spa owner, who said Blackmon provided the signature stamp to the spa.

The judge also noted that no evidence was presented of any significan­t adverse outcome to the public as a result of the spa's services related to testostero­ne or phentermin­e.

He determined that Blackmon should pay $250 for each of the 58 recordkeep­ing violations; $750 for each of the 368 violations for permitting two nurses to examine, prescribe and administer testostero­ne and phentermin­e to patients without his having establishe­d a doctor-patient relationsh­ip; $1,000 for each of the three occasions he prescribed testostero­ne to himself; and $2,500 for failing to obtain a separate DEA registrati­on for the dispensing activities at the spa.

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