Brigham City physician Dewey C. MacKay — convicted on felony counts of illegally prescribing pain medicine — has surrendered his licenses to practice medicine and dispense drugs in Utah.
MacKay, an orthopedist, was convicted five months ago and sentenced to prison on Dec. 19. As of earlier this week, no action had been taken against his state licenses.
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Earlier this week: Utah doc still licensed five months after drug death convictions › http://bit.ly/xluCpU
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The Dewey MacKay case
Dewey C. MacKay’s conviction stems from charges filed in 2010 that he prescribed more than 1.9 million hydrocodone pills and nearly 1.6 million oxycodone pills between June 1, 2005, and Oct. 30, 2009. It’s unclear how long Utah’s Division of Occupational Licensing had been investigating the Brigham City orthopedist before referring the case to prosecutors.Jurors in August convicted MacKay of two counts of distribution of a controlled substance resulting in a death, three counts of use of communication facility in a drug trafficking offense and 35 counts of distribution of a controlled substances. He was acquitted of 44 other distribution counts. He has appealed the verdict.
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On Friday, Utah’s Division of Occupational and Professional Licensing (DOPL) released an order saying MacKay "wishes to surrender" his licenses rather than seek renewals, based on his convictions, his retirement and their routine expiration on Jan. 31.
The order said MacKay is banned from reapplying for his license for 10 years.
Division Director Mark Steinegal had said Monday that officials hoped to take disciplinary action against MacKay’s license, but were waiting for action from the state Attorney General’s Office, which files requests for sanctions.
Punishment sends a message and without it, doctors retain residual rights to licenses, he explained.
MacKay’s lawyers have said stripping him of his licenses serves no practical purpose because he has retired. They did not immediately comment Friday.
The 64-year-old doctor was convicted in federal court in August on 40 counts of illegally distributing painkillers. Prosecutors accused MacKay of prescribing pain medications that contributed to a man’s death.
He lost his federal license to prescribe controlled substances in 2009, a decision he fought without success.
MacKay, who is free while his lawyers appeal a ruling in the case, is challenging the jury verdict, his 20-year sentence and a judge’s order that he report to prison on Feb. 1.
Nothing in Friday’s order can be construed as an admission of wrongdoing, it said.
Friday’s order was signed by Thad LeVar, as acting director. Spokeswoman Jennifer Bolton said Steinegal had recused himself from MacKay’s case.
Under state law, a felony conviction is among a laundry list of offenses for which a doctor can lose a license. But nothing, not even sexual assault or murder, merits automatic revocation, and no revocation is permanent because doctors can always petition for reinstatement.
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Earlier this week: Utah doc still licensed 5 months after drug death convictions, http://bit.ly/xluCpU
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