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Danville doctor gets misdemeanor plea deal

March 10, 2006|TODD KLEFFMAN

A Danville doctor pleaded guilty Thursday in Boyle Circuit Court to misdemeanor charges related to his handling of prescription drugs.

Dr. Todd Lackney, who specializes in osteopathic and internal medicine, was originally charged with four felony counts of obtaining a controlled substance by fraud, but a plea deal reduced the charges to four counts of violation of record keeping and inventory requirements.

Judge Darren Peckler sentenced Lackney to a year in jail but probated the jail time for two years if Lackney stays out of trouble.

Lackney entered an Alford guilty plea, which means he does not admit guilt but acknowledges the evidence "strongly indicates guilt." Commonwealth's Attorney Richard Bottoms said the Alford plea amounts to a conviction, which is what he wanted out of the deal.

"What we felt was important is having a conviction and having this on the record," Bottoms said.

Lackney, whose office is at 321 S. Third St., was indicted in July 2004 along with two workers in his office, Joannie Smith and Judy Wallace. Smith and Wallace both pleaded guilty and were placed on felony diversion programs that keep them out of jail as long as they seek treatment and comply with other requirements for five years.

Both women had agreed to testify against Lackney as part of their plea bargains.

According to findings by the state Board of Medical Licensure, Lackney wrote prescriptions for the painkiller Lortab and cough medicine Tussinex in the name of his employees and then used the drugs himself. Lackney's employees also called in prescriptions for controlled substances for their own use without his authorization.

After Lackney was indicted, the medical board entered into an "agreed order of indefinite restriction" with him that allowed Lackney to continue to practice medicine but requires him to keep a detailed controlled substance log for all of the drugs he prescribes and make that log available for inspection.

The order also required Lackney to complete remedial training on prescribing controlled drugs.

Bottoms said Lackney is complying with the medical board's requirements.

"Apparently, Dr. Lackney is handling this the right way," he said.

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