FLORENCE, S.C. —David Carlos Rodriguez, Jr., 50, of Florence, has pleaded guilty to distributing Oxycodone outside the scope of medical practice and without a legitimate medical purpose.
Evidence obtained during the investigation revealed that Rodriguez, who was a doctor practicing in Lake City, prescribed Oxycodone to a patient 15 times between May 2018 and January 2019. The individual had been a patient of Rodriguez in 2013-2014 but had not been his patient between 2014 and 2018. When the patient first returned to see Rodriguez in 2018, purportedly for treatment of pain, Rodriguez did not ask the patient about her current medical history, did not ask her for a pain rating, and did not ask her what controlled substances she might be taking despite clear indicators she was using illicit drugs. The patient requested an Oxycodone prescription at the first appointment, and Rodriguez provided the first of the 15 prescriptions, starting at a very high dosage. Rodriguez also touched the patient at the first appointment in manner not consistent with any medical examination.
Over the following months, Rodriguez provided the patient his Snapchat, and began sending her nude pictures. The patient believed this to be a “sex for scripts” trade, where if she engaged in sexual behavior, Rodriguez would write her prescriptions for Oxycodone.
During the summer of 2018, the patient sought substance abuse treatment from another provider and was given a prescription for Suboxone. A patient should not be taking both Suboxone and Oxycodone. After the patient was prescribed Suboxone, Rodriguez wrote the patient another prescription for Oxycodone. When the patient tried to have this Oxycodone prescription filled, the pharmacist noted the conflict between Suboxone and Oxycodone, and contacted Rodriguez’s office to notify him he could not prescribe Oxycodone because the patient was prescribed Suboxone. Rodriguez responded by sending the patient’s prescription for Oxycodone to another pharmacy the following day. Rodriguez would prescribe Oxycodone for the patient 10 more times, despite being on notice she was prescribed Suboxone.
During the fall of 2018, the patient twice filmed her appointments with Rodriguez. Those videos show Rodriguez entering the exam room, and begin hugging, kissing, and fondling the patient, not in a manner related to any medical exam. On one occasion, the patient performed a sexual act on Rodriguez. Shortly after, Rodriguez wrote the patient a prescription for Oxycodone.
During the time the patient saw Rodriguez, he never asked her for a pain rating, never drug tested her, never sent her for imaging, never sent her to a pain specialist, never discussed alternative pain treatment, and never attempted to wean her off Oxycodone despite the medicine not effectively controlling her pain. Rodriguez also kept only basic records for the patient without details about why she was being seen and what treatment she was receiving. Rodriguez only added the necessary details about the patient’s treatment to her records months after he saw her after repeated legal requests for the records.
United States District Judge Joseph Dawson, III, accepted the guilty plea and will sentence Rodriguez after receiving and reviewing a sentencing report prepared by the U.S. Probation Office. Rodriguez faces a maximum penalty of 20 years in federal prison. He also faces a fine of up to $1,000,000, and at least three years of supervision to follow the term of imprisonment. As part of his guilty plea, Rodriguez surrendered both his state and federal prescribing privileges.
This case was investigated by the Drug Enforcement Administration and the South Carolina Department of Public Health. Assistant U.S. Attorneys Katherine Flynn and Lauren Hummel are prosecuting the case.
