Under KY law, and also the regulations of the DEA license, a doctor may write prescriptions for patients they treat or have physically examined. Thus, before Dr. F could write prescriptions on these patients he had to at least go into the rooms and see them to make sure that the contractor doctors were properly requesting prescriptions. If he can prove he did so, then chances are he will be charged with nothing.
If he cannot prove he actually saw the patients, he can be charged like any other drug dealer with distribution of narcotics of whatever schedule they were he wrote and the charge would be illegal distribution of narcotics and DEA can bring them in federal court
where the penalty can be upwards of 20 years per prescription (depending on the type of substance) or they can charge him in the commonwealth court where he is looking at 5-10 years for each prescription written. So, the offense can become quite severe and could lead to thousands of counts of distribution of narcotics.
However, from working with DEA, most times they will do a civil penalty and voluntary surrender of his DEA license for a period of time and he can reapply (typically 5 years) and they will not pursue it as a criminal offense.
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