Tennessee Nurse Practitioner Found Guilty in Controlled-Substance Prescribing Case
Key Takeaways
- A federal jury convicted a Tennessee nurse practitioner of illegally distributing Schedule II controlled substances after prosecutors alleged the prescriptions were issued outside the usual course of professional practice and without a legitimate medical purpose.
- The case stemmed from prescribing activity at a Tennessee pain management clinic and involved allegations that opioid prescriptions were issued between 2016 and 2018 in violation of the Controlled Substances Act.
- The conviction highlights ongoing federal scrutiny of controlled-substance prescribing and reinforces the legal requirement that opioid prescriptions be issued for a legitimate medical purpose and within accepted standards of professional practice.
A federal jury convicted Heather L. Marks, an advanced practice registered nurse in Tennessee, of illegally distributing controlled substances through her work at Lifeforce Pain and Wellness, a pain management clinic in Carthage, Tennessee.
According to the DOJ, Marks prescribed controlled substances to pain-treatment patients outside the usual course of professional practice and without a legitimate medical purpose. The convictions stemmed from prescriptions involving Schedule II opioids, including oxycodone and oxymorphone.
Federal prosecutors alleged that the unlawful prescribing occurred between September 2016 and May 2018.
Why Was the Case Brought?
Under the Controlled Substances Act, prescriptions for controlled substances must be issued for a legitimate medical purpose by a practitioner acting within the usual course of professional practice.
Prosecutors alleged that Marks issued prescriptions that failed to meet that standard. According to court filings, Marks was licensed in Tennessee as an advanced practice registered nurse and possessed Drug Enforcement Administration authority to prescribe controlled substances, including opioid medications.
Federal authorities alleged that several prescriptions for oxycodone and oxymorphone were written without a legitimate medical purpose and outside accepted standards of professional practice.
What Were the Allegations?
The case began with a federal indictment filed in 2019 charging Marks with unlawful distribution of controlled substances.
According to the indictment, Marks allegedly prescribed Schedule II controlled substances, including oxycodone and oxymorphone, to patients without a legitimate medical purpose and outside the usual course of professional practice. The charging document identified multiple prescriptions issued between December 2016 and February 2018 that formed the basis of the government's case.
Later that year, prosecutors filed a superseding indictment that added physician Hemal V. Mehta, MD, who supervised Marks' practice. The superseding indictment alleged that Marks and Mehta conspired to distribute and dispense Schedule II controlled substances, including oxycodone and oxymorphone, without a legitimate medical purpose and outside the usual course of professional practice.
The superseding indictment also included additional distribution counts involving prescriptions allegedly issued between December 2016 and April 2018.
Why Does It Matter?
The case highlights the legal requirements governing the prescribing and dispensing of controlled substances and demonstrates continued federal enforcement of the Controlled Substances Act.
For pharmacists, the case serves as a reminder that controlled-substance prescriptions must be issued for legitimate medical purposes and within the usual course of professional practice. The prosecution also underscores the scrutiny that federal authorities continue to place on prescribing practices involving Schedule II opioid medications.
As opioid-related enforcement actions continue across the health care industry, cases involving practitioners accused of unlawful prescribing remain a significant area of regulatory and criminal enforcement activity.
References
- Office of Public Affairs. Nurse practitioner convicted of illegal distribution of controlled substances. U.S. Department of Justice. Published June 2, 2026. Accessed June 2, 2026. https://www.justice.gov/opa/pr/nurse-practitioner-convicted-illegal-distribution-controlled-substances
- United States v Marks, No. 2:19-cr-00003 (MD Tenn 2019).
- United States v Mehta and Marks, No. 2:19-cr-00003 (MD Tenn 2019).
