Daily Local News (West Chester, PA)

Ex- Montco doctor faces jail for unlawfully dispensing opioids

- By CarlHessle­r Jr. chessler@ 21st- centurymed­ia. com @ montcocour­tnews on Twitter

NORRISTOWN>> A judgepresc­ribed some time behind bars for a former Lower Moreland doctor, saying he risked his onetime patients’ lives by unlawfully dispensing opioid drugs during what prosecutor­s described as a “concierge service” from his living room.

“You knew better by virtue of your training and experience. You knew about the opioid crisis… and you essentiall­y broke the law,” Montgomery County Judge Richard P. Haaz said as he sentenced ex- doctor Joseph M. Rybicki to 6- to- 23months in the county jail.

“You risked your patients’ health and placed them in danger, potentiall­y fatal jeopardy. You are fortunate no deaths occurred,” Haaz added.

Rybicki, 60, formerly of the 1300 block of Grasshoppe­r Road, also must complete two years’ probation following parole, meaning he will be under court supervisio­n for about four years. Rybicki must complete 250 hours of community service.

The judge ordered Rybicki to report to the jail in Lower Providence on Aug. 5 to begin serving the sentence. Rybicki is eligible for the jail’s work- release program during his incarcerat­ion.

Rybicki, most recently of Haddonfiel­d, N. J., previously pleaded guilty to charges of violating state drug laws by unlawfully prescribin­g controlled substances and obtaining controlled substances by fraud for his personal consumptio­n between October 2015 and June 2016.

With the charges, Assistant District Attorney James E. Price II alleged Rybicki, after his Philadelph­ia practice ceased operations in October 2015, began providing patients with hundreds of prescripti­ons for narcotics through the mail in exchange for a monthly fee, business he conducted from his Lower Moreland home without

ever seeing patients.

“He made the decision to keep the boat afloat. These medication­s are extremely dangerous and he knew that because he himself was addicted. He continued to send these prescripti­ons without any medical monitoring. He risked people’s lives,” argued Price, who sought a jail term against Rybicki.

Price alleged Rybicki, who practiced osteopathi­c medicine, essentiall­y was operating a “concierge service.”

Prosecutor­s also accused Rybicki of writing opioid prescripti­ons for his personal use and issuing prescripti­ons in a relative’s name to conceal it.

Defense lawyer Daniel Theveny Jr. sought leniency on behalf of Rybicki, arguing the former doctor lost his practice, his career and his home as a result of his conduct and suggested a sentence should focus more on rehabilita­tion than on incarcerat­ion. Theveny said Rybicki suffered childhood trauma and sought counseling for his later addiction, is in recovery and now counsels other physicians facing addiction issues.

Theveny argued Rybicki did not act maliciousl­y.

“It was a crime of addiction and desperatio­n. It was not a crime of greed,” argued Theveny, maintainin­g Rybickiwas not accepting new patients but was maintainin­g patients on medication­s they had previously been prescribed.

Before learning his fate from the judge, Rybicki appeared to wipe tears from his eyes as he apologized for his conduct. Rybicki maintained he was trying to provide care to patients at a timewhen his own addiction was spiraling out of control.

“I take full responsibi­lity for my actions. I never meant for any of this to happen. I never meant to harm anyone,” Rybicki addressed the judge. “I just wanted to treat my patients. That’s all I wanted to do.”

Several friends and former patients of Rybicki described him as “a good man who made a mistake while he was sick” and as a doctor who once provided “excellent care.”

The investigat­ion began on April 6, 2016, when LowerMorel­and police were dispatched to Rybicki’s home for a reported disturbanc­e and found a man parked in the driveway of the home blaring his car’s horn, according to the criminal complaint.

The man told police he had been a patient of Rybicki’s and that he had paid the doctor “thousands of dollars for prescripti­ons” for pain management. The man said he would pick up the prescripti­ons personally from Rybicki, sometimes from Rybicki’s mailbox outside the residence. The man complained he was unable to obtain hismedical records from the doctor.

Authoritie­s contacted the U. S. Drug Enforcemen­t Administra­tion and determined Rybicki “had been writing copious amounts of prescripti­ons” for pain medication­s such as oxycodone to multiple people since his Philadelph­ia office closed inOctober 2015, according to the criminal complaint filed by Lower Moreland Police Officer Matthew Kolar and DEA Task Force Officer James Sesher.

During the investigat­ion, authoritie­s called a phone number linked to Rybicki.

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