Harrison County Doctor Sentenced for Unlawful Distribution of Controlled Substances

FRANKFORT, Ky. – A Harrison County doctor, Michael Gainey, 70, was sentenced on Wednesday by U.S. District Judge Gregory Van Tatenhove to 80 months in prison, after previously pleading guilty to seven counts of unlawful distribution of a controlled substance.   

According to his plea agreement, Gainey practiced as a family medicine specialist in Harrison County. In that role, Gainey treated and prescribed controlled substances to a number of patients with whom he maintained personal relationships. Gainey knew that the prescriptions he issued to these patients were outside the scope of legitimate medical practice, in part because of the ongoing relationships he maintained with these patients and because Gainey relaxed applicable prescribing standards for these patients. Gainey issued unlawful controlled substance prescriptions for hydrocodone, oxycodone, gabapentin, and other controlled substances to at least  seven patients with whom  he had ongoing relationships; his misconduct began as early as 2015 and continued through the fall of 2023. 

Under federal law, Gainey must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

“While the nature of the opioid epidemic in Kentucky has changed, bad prescriptions for these highly addictive drugs continue to be contributing factor,” said Acting United States Attorney Paul McCaffrey.  “Solving this crisis requires a zero-tolerance policy for physicians like Dr. Gainey who intentionally abuse their prescribing authority.”

“The vast majority of doctors take their oath to first do no harm very seriously, but every now and then we arrest one that is just a drug dealer in a white lab coat, like Dr. Gainey,” said Special Agent in Charge Jim Scott, head of the Drug Enforcement Administration’s Louisville Division.  “Dr. Gainey chose to put his own needs above those of his patients and now he will have to answer for his misdeeds.”

Acting U.S. Attorney McCaffrey, DEA Special Agent in Charge Scott, and Director Mark Burden, Bluegrass Narcotics Taskforce, jointly announced the sentence.

The investigation was conducted by the DEA and the Bluegrass Narcotics Taskforce. Assistant U.S. Attorney Andy Boone is prosecuting the case on behalf of the United States.

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