An area man turned himself in on November 1 after being charged in a case where he wrote prescriptions for narcotics in his wife’s name, then proceeded to have them filled for himself.
Kevin G. Malicky, 48, of Altoona waived a preliminary hearing at that time with bail set at $50,000 unsecured.
The Pennsylvania Office of Attorney General has charged Malicky, a certified registered nurse practitioner, with two felony counts of possession of a controlled substance, and misdemeanor refusal to furnish records/information, from incidents from February 21, 2016 to July 26, 2019.
The criminal complaint completed on November 1 indicates that Malicky did write prescriptions in his wife’s name for hydrocodone (schedule II), and oxycodone (schedule II), which he reportedly had filled at three pharmacies, and kept for himself. According to the affidavit, he failed to make or keep any record of the prescriptions as required by the Controlled Substance, Drug, Device and Cosmetic Act.
Also according to the affidavit, on August 29, the Attorney General’s office received a complaint from a physician’s assistant regarding a patient who had a history of being prescribed narcotic medications. The prescriptions were reportedly written by the patient’s husband, Malicky; the patient reportedly denied knowing anything about the prescriptions.
Agents reportedly looked at the Prescription Drug Monitoring Program and found 42 prescriptions written for the patient by Malicky for both hydrocodone and oxycodone of different strengths; they were filled at Giant Eagle at Sophia Lane, Altoona, Martin’s Pharmacy at East Pleasant Valley Boulevard, Altoona, and Community Pharmacy at Pennsylvania Avenue, Tyrone.
A pharmacist at Community Pharmacy was able to provide copies of some of the written prescriptions and told agents that Malicky always picked up the prescriptions written for the victim, according to court documents. The prescriptions were written on forms for J.C. Blair Medical Services, Construction MediCamp and others with Malicky’s name on them and addresses for Morrison’s Cove Home and Maybrook Hills.
Agents investigated the matter and on October 11 met with Malicky and his attorney. Malicky reportedly told them he had suffered several injuries over the years that resulted in pain, restless legs, and trouble sleeping. Malicky reportedly talked with a physician while employed at J.C. Blair and received prescriptions from the physician until his death in 2014. Malicky then began writing prescriptions in his wife’s name, and eventually was prescribed narcotics by his family physician as well. Records were not kept for the prescriptions written by Malicky.
Information in this article was obtained from a criminal complaint and affidavit provided by District Court.