U.S. Attorney says Kent Shearer pleads guilty

Posted January 29, 2020 at 9:33 am

A federal investigation into the distribution of controlled substances in Clinton County has resulted in more charges and a guilty plea from a second local health care provider.

According to a press release received Tuesday afternoon from the United States Attorney’s Office, Western District of Kentucky Department of Justice, Kenton “Kent” Shearer has pleaded guilty to three counts related to the investigation.

Public Affairs officer Nicholas Storm wrote in the press release Tuesday that Shearer had been charged via an Information on January 10, 2020, with three counts of illegal distribution of controlled substances.

Shearer recently sold his two local pharmacy outlets, Shearer Drug, located in the Twin Lakes Medical Arts plaza, and Shearer Drug II, located in west Albany on the Burkesville Road

Both outlets were closed after the purchase by Dyer Drug of Albany, and Shearer announced his retirement from the pharmacy business at that time.

According to the press release, the description of the three counts of illegal distribution of controlled substances were:

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.

According to the press release, the same investigation involved an earlier prosecution of Albany physician Dr. Michael Cummings, who was 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.