Brigham City doctor linked to patient's death, indicted on 100-plus counts

SALT LAKE CITY — A Brigham City doctor has been indicted on more than 100 counts of illegally prescribing medication to patients, allegedly causing at least one death.

Dewey C. MacKay, 63, "routinely issued" prescriptions — to as many as 120 patients a day — without conducting proper medical examinations, said U.S. Attorney for Utah Carlie Christensen.

"The nonmedical use of prescription pain relievers is the fastest-growing drug problem in the United States today and poses a serious threat to public health," Christensen told reporters Thursday, the day a federal grand jury returned the 130-count indictment. "Its tragic consequences are seen in substance abuse treatment centers and hospital emergency rooms throughout our nation."

Between January 2005 and October 2009, officials said, McKay, an orthopedic surgeon, issued 20,612 prescriptions for hydrocodone products, totaling more than 1.9 million pills. The doctor reportedly issued more than 17,000 prescriptions for oxycodone products, totaling more than 1.5 million pills.

Between Jan. 1, 2005, to June 5, 2008, MacKay had the highest volume of prescriptions for hydrocodone products in the state and the fourth-highest volume for oxycodone prescriptions, officials said.

"Certainly, that is a red flag," said Christensen.

Messages left at MacKay's Brigham City clinic were not immediately returned Thursday afternoon. The doctor was not in custody, officials said. He will be issued a summons to appear in court Sept. 2.

Among the 130 counts, MacKay faces charges relating to the death of one patient. Prosecutors did not release any information about that patient or the death Thursday. Instead, Christensen, that information would be revealed in court.

One count of distributing hydrocodone resulting in death carries a minimum sentence of 20 years in prison and a $2 million fine. MacKay has also been charged with distributing oxycodone resulting in death, a charge that carries a minimum sentence of 20 years in prison and a $1 million fine.

MacKay had been under investigation for more than a year, but Christensen said it took time to hand down such a massive indictment. Prosecutors said the indictment might be the largest ever handed down in the state.

Salt Lake City Police Chief Chris Burbank, whose department is part of the Utah Pharmaceutical Drug Crime Project, said a doctor illegally prescribing medication is "no different than the individual selling narcotics on the street corner."

Prosecutors and law enforcement said they did not want to interfere with the relationship between doctors and their patients. Nevertheless, they urged caution.

"We don't seen an indictment like this just to send a message," said Christensen. "However, I think it is a good lesson to physicians ... that there has to be serious care taken."

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