BOWLING GREEN, Ky. – An Albany, Kentucky, pharmacist has
pleaded guilty to three counts of illegal distribution of controlled
substances, announced the United States Attorney’s Office for the Western
District of Kentucky.
Kenton L. Shearer was charged via an Information on January
10, 2020, with three counts of illegal distribution of controlled substances.
Between March 10, 2015, and April 15, 2015, Shearer filled,
or allowed his employees to fill, prescriptions containing hydrocodone, a
Schedule II controlled substance, for patient J.Y., even though Shearer knew
that the prescriptions were not written for a legitimate medical purpose. Shearer knew J.Y. was doctor shopping to
obtain prescriptions for the same medications from multiple doctors, and
because the hydrocodone polistirex (cough medicine) Dr. Michael Cummings prescribed
to J.Y. had been prescribed for far longer than recommended in prescription
guidelines.
Between August 16, 2011, and June 21, 2014, Shearer filled,
or allowed his employees to fill, prescriptions containing hydrocodone, a
Schedule III controlled substance, for patient J.Y., even though Shearer knew
that the prescriptions were not written for a legitimate medical purpose.
Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same
medications from multiple doctors, because the hydrocodone polistirex (cough
medicine) Dr. Michael Cummings prescribed to J.Y. had been prescribed for far
longer than recommended in prescription guidelines, and because Shearer filled
prescriptions early on multiple occasions.
Between August 16, 2011, and April 8, 2015, Shearer filled,
or allowed his employees to fill, prescriptions containing alprazolam, a
Schedule IV controlled substance, for patient J.Y., even though Shearer knew
that the prescriptions were not written for a legitimate medical purpose.
Shearer knew J.Y. was doctor shopping to obtain prescriptions for the same
medications from multiple doctors, and because Shearer filled prescriptions
early on multiple occasions.
The United States will seek a sentence of 15 months in
federal prison followed by a term of 3 years supervised release. The defendant
has agreed to forfeit a $200,000 monetary judgment to the United State, which
will be due on or before the sentencing date. Sentencing is set for May 14,
2020.
Dr. Michael Cummings was prosecuted by the United States and
was sentenced to 30 months imprisonment in July of 2019.
The case is being prosecuted by Assistant United States
Attorney David Weiser. The case was investigated by the Kentucky State Police,
Federal Bureau of Investigation (FBI), and the Kentucky Cabinet for Health and
Family Services, Office of the Inspector General.
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