Department of Justice

U.S. Attorney’s Office

Western District of Kentucky

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FOR IMMEDIATE RELEASE

Wednesday, September 14, 2016

Monroe County, Kentucky, Physician Guilty Of Prescribing Pain Medications Outside The Course Of Professional Medical Practice

BOWLING GREEN, Ky. – A Monroe County, Kentucky physician pleaded guilty today, in U.S. District Court, before Magistrate Judge H. Brent Brennenstuhl, with prescribing pain medications outside the course of professional medical practice, during a more than six year period, to five patients announced United States Attorney John E. Kuhn, Jr.

Clella Louise Hayes, whose medical practice is located in Tompkinsville, Kentucky, pleaded guilty to five counts of a grand jury indictment charging her with dispensing and distributing Schedule II controlled substances and Schedule III controlled substances outside the course of her professional medical practice.  Hayes, age 41, of Glasgow, Kentucky, pleaded guilty to authorizing prescriptions for fentanyl, morphine, Oxycodone, Demerol, hydrocodone and Klonopin. According to the plea agreement, the illegal activities occurred between March 2008 through March 2014 and included five patients.

Specifically, between June 2009 and September 2011, Hayes intentionally dispensed Schedule II controlled substances to the same patient, outside the course of professional medical practice, by issuing and authorizing prescriptions for fentanyl, morphine, Oxycodone, and Demerol. During the same time period, Hayes failed to establish a legitimate diagnosis of A.R.’s (the patient) pain complaints, failed to establish an individualized treatment plan, failed to take into account significant risk factors for abuse, and failed to take into account multiple inconsistent urine drug screens which reflected drug abuse and diversion.  On September 19, 2011, Dr. Hayes prescribed fentanyl to A.R.  On September 23, 2011, at age 55, A.R. died as a result of a fentanyl overdose, with post-mortem toxicology reports reflecting fentanyl at five times the therapeutic range in A.R.’s blood.

In a similar instance, Between November 2011 and November 2012, A.H. was Dr. Hayes’s patient.   During that time period, Dr. Hayes knowingly and intentionally dispensed Schedule II controlled substances to A.H. outside the course of professional medical practice, by issuing and authorizing prescriptions for Oxycontin and Demerol.

Dr. Hayes failed to establish a legitimate diagnosis of A.H.’s pain complaints, failed to establish an individualized treatment plan, failed to take into account significant risk factors for abuse, and failed to take into account multiple inconsistent urine drug screens which reflected drug abuse and diversion. 

On November 27, 2012, A.H. died at age 48 as a result of a poly-pharmacy overdose, with post-mortem toxicology reports reflecting high blood concentrations of medications Dr. Hayes prescribed to A.H., including Oxycodone and Klonopin. 

Further, Between June 2010 and January 2014, K.S. was Dr. Hayes’s patient.   During that time period, Dr. Hayes knowingly and intentionally dispensed Schedule II and Schedule III controlled substances to K.S. outside the course of professional medical practice, by issuing and authorizing prescriptions for Oxycontin and hydrocodone.

Dr. Hayes failed to establish a legitimate diagnosis of K.S.’s pain complaints, failed to establish an individualized treatment plan, failed to take into account significant risk factors for abuse, and failed to take into account multiple inconsistent urine drug screens which reflected drug abuse and diversion. 

On January 1, 2014, K.S. died at age 53 as a result of a poly-pharmacy overdose, with post-mortem toxicology results reflecting oxycodone, and hydrocodone at ten (10) times the therapeutic dose, both of which Dr. Hayes prescribed to K.S in December 2013. 

Sentencing is scheduled before Senior Judge Thomas B. Russell, in Bowling Green on January 18, 2017.

This case is being prosecuted by Assistant United States Attorney David Weiser and is being investigated by the Kentucky State Police (KSP) Drug Enforcement/Special Investigations West, and the Federal Bureau of Investigation (FBI) with assistance from the Tompkinsville Police Department.