Unity Township doctor charged with accepting kickbacks for opiate prescriptions

A Unity Township doctor was charged in federal court with taking kickbacks to prescribe fentanyl, according to the United States Attorney’s Office Western District of Pennsylvania.

Dr. Thomas Whitten, of Westmoreland Pain Management, allegedly prescribed the fentanyl-based drug Subsys to people without a “legitimate medical purpose,” according to an indictment filed Monday.

In return, Subsys manufacturer Insys pharmaceutical allegedly paid Whitten an undisclosed amount of money.

Calls placed to Westmoreland Pain Management seeking comment were not returned Monday.

Fentanyl is a powerful, highly addictive opiate. Subsys is an under-the-tongue fentanyl spray, designed to rapidly enter the bloodstream. It is approved only for the treatment of cancer patients in severe pain, who were already taking other opiate prescriptions.

The illegal prescriptions happened from 2013-2015, according to the U.S. Attorney’s Office.

Whitten also is charged with billing Medicare, Medicaid and Highmark to pay for the prescriptions.

If convicted, Whitten could face a minimum of five and a maximum of 40 years in prison, and a fine up to $5 million.

The Pennsylvania Department of State’s Bureau of Professional and Occupational Affairs could ask the Pennsylvania Board of Medicine to suspend Whitten’s medical license while the investigation is pending, according to the U.S. Attorney’s Office.

He’s run Westmoreland Pain Management since 2006.

A federal judge last month sentenced Insys Therapeutics founder John Kapoor to five and a half years in prison for his role in the company’s scheme to bribe doctors to prescribe Subsys, the New York Times reported.

Several other Insys executives also are facing prison time.

The company agreed to pay $225 million to settle federal fraud charges, then filed for bankruptcy.