CRIMINAL: COM. V. SEARS (SC 11/22/2006)

COM. V. SEARS
Criminal: Crimes (dentist prescribing drugs to non-patients for non-medical reasons);
KRS 218A.1404
2004-SC-000738-DG.pdf
PUBLISHED: REVERSING; WINTERSHEIMER
DATE RENDERED: 11/22/2006

On discretionary review, SC reversed CA and upheld Defendant’s conditional plea for illegally prescribing a controlled substance under KRS 218A.1404. A plain reading of KRS 218A.1404(3) clearly states that the crime involved does not except dentists or other licensed medical persons from its purview.

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