MacKay surrenders his medical license

SALT LAKE CITY -- Embattled Brigham City doctor Dewey MacKay has surrendered his medical license to state regulators.

Terms of the "disciplinary surrender" between MacKay and the state Division of Occupational and Professional Licensing were released Friday by the Utah Attorney General's Office, which enforces DOPL sanctions.

MacKay, 64, is waiting on the appeal of his conviction in August in federal court in Salt Lake City on 40 counts of illegal distribution of prescription narcotics.

He has been sentenced to 20 years in prison, but his day to report to prison has been bumped to March or later pending appeals before the 10th Circuit Court of Appeals in Denver.

When MacKay was initially indicted, the Drug Enforcement Administration also revoked his federal license to prescribe Schedule I and II narcotics, typically high-potency painkillers OxyContin and hydrocodone with such brand names as Percocet and Lortab, respectively.

But MacKay retained his state license for lesser prescriptions and his state-issued license to practice medicine.

Both have now been surrendered under the terms negotiated by the state and MacKay's attorneys.

MacKay's lawyers have previously maintained he retired several years ago. The medical license was set to expire Jan. 31, according to the stipulation.

It reads: "Due to (MacKay's) criminal conviction, his retirement from the practice of medicine, and the expiration of his medical license, Respondent wishes to surrender his license to practice as a physician and surgeon ... and his license to prescribe and dispense controlled substances ... and all residual rights and privileges attached to these licenses for a period of ten years ...

"Due to the ongoing appeal in the criminal case, nothing in this Stipulation will be construed as an admission by the Respondent."

The state has long deferred to the federal government in the investigation and prosecution of MacKay since it began in 2006, declining any comment over the years.

Friday's news release on the license action included the statement from DOPL: "At this time, the Division is not going to provide media interviews and will let the terms of the agreement with Dewey MacKay speak for themselves."

After a five-week trial, the jury found MacKay was seeing 100 or more patients a day at times and filling prescriptions for no medical reasons. Two of the charges were tied to the 2006 death of MacKay's patient, Ogden resident David Wirick, 55, an engineer at ATK Thiokol.

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