Berlin Physician, Physician Assistant, and Practice Pay $300K to Resolve Controlled Substances Act Allegations

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Stephen P. Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that Dr. STEVEN SHIFREEN, Physician Assistant CHRISTOPHER NORVAL, and MULTICARE MUSCULOSKETETAL MEDICINE AND PAIN MANAGEMENT ASSOCIATES, P.C. have entered into a civil settlement agreement with the federal government and have paid a total of $300,000 to resolve allegations that they violated the civil provisions of the Controlled Substances Act ("CSA").

Shifreen, a physician specializing in general medicine, and Norval, a physician assistant, practiced at Multicare Musculoskeletal Medicine and Pain Management Associates, P.C., a medical practice located in Berlin, Connecticut, which is currently owned by Norval. It is alleged that Shifreen and Norval prescribed controlled substances to patients who were exhibiting signs of potential diversion and drug abuse through their inconsistent urine drug test results.

An inconsistent urine drug test result occurs when a patient tests positive for unexpected, non-prescribed substances in the urine, or tests negative for expected, prescribed substances. An inconsistent urine drug test can be indicative of diversion or drug abuse.

The settlement resolves allegations that between March 23, 2021, and February 14, 2023, Shifreen and Norval issued 43 prescriptions to six patients for oxycodone and/or fentanyl. These prescriptions were each issued after the patient received a urine test result that was inconsistent with the medication he or she was prescribed. The government contends that these 43 prescriptions were issued without a legitimate medical purpose and were written outside the usual course of professional practice, in violation of the CSA.

In passing the CSA, Congress took steps to create "a closed system" of distribution for controlled substances in which every facet of the handling of the substances - from their manufacture to their consumption by the ultimate user - was to be subject to intense governmental regulation. This mission was taken against the backdrop of trying to prevent the diversion and abuse of legitimate controlled substances, while still ensuring that an adequate supply of those substances meet the medical and scientific needs of the United States.

"When medical practitioners prescribe controlled substances to patients who are showing signs of misuse or diversion, not only are they likely violating the law, but those medical practitioners are putting their patients at risk of overdose, and threatening the safety of our community," said U.S. Attorney Avery. "This settlement demonstrates this office's commitment to holding practitioners accountable for irresponsible prescribing."

"The DEA is committed to ensuring that all registrants are in compliance with the required regulations, which are enforceable through the Controlled Substances Act," said DEA Acting Special Agent in Charge Belleau. "Failure to do so increases the potential for diversion and jeopardizes public health and public safety. DEA pledges to work with our law enforcement and regulatory partners to ensure these rules and regulations are followed."

On March 10, 2023, Shifreen and Norval voluntarily surrendered their DEA registrations to prescribe controlled substances. As part of the settlement agreement, Shifreen and Norval will not re-apply for DEA registration numbers for a period of five years.

This investigation was conducted by the Drug Enforcement Administration's New Haven District Office Tactical Diversion Squad and the Office of Diversion Control, with the assistance of the Connecticut Department of Consumer Protection, Drug Control Division. This case was prosecuted by Assistant U.S. Attorney Sara Kaczmarek.