Commonwealth v. Sears

Opinion of the Court by

Justice WINTERSHEIMER.

This appeal is from an opinion of the Court of Appeals which reversed a conviction of a licensed dentist for allegedly illegally prescribing a controlled substance under KRS 218A.1404. Sears entered a conditional guilty plea and was sentenced to three years, with six months to serve and the remainder probated for three years.

The question presented is whether a licensed dentist has the legal right to prescribe controlled substances for non-patients for non-medical reasons in return *310for payment in drugs. Other issues relate to whether KRS 218A.1404…