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2 Psychiatrists, 1 Who Lost License, Accused Of Selling Dangerous Drug Prescriptions

MINEOLA, N.Y. (CBSNewYork) -- Two psychiatrists – one of whom already lost his license to practice medicine, were charged Thursday on Long Island with conspiring to sell prescriptions to dangerous and addictive drugs, prosecutors said.

Howard Mahler, 62, of Long Beach, was charged with criminal sale of a prescription for a controlled substance and conspiracy, and faces up to 15 years in prison if convicted, according to the Nassau County District Attorney's office. Marshall Hubsher, 64, of Sands Point, was charged with unauthorized practice of a profession and conspiracy and faces up to four years in prison if convicted, prosecutors said.

Prosecutors alleged that Mahler and Hubsher conspired to sell Adderall and Xanax to patients in Hubsher's former office in Roslyn, prosecutors said. On at least three occasions, Hubsher met patients somewhere like the office hallway and asked medical questions, and the patients handed him cash, prosecutors said.

Mahler would then right the prescriptions based on the descriptions Hubsher gave, prosecutors said.

On one occasion, and undercover detective posing as a patient told Hubsher he was requesting a higher dosage of Adderall so he could sell unused pills and buy Oxycodone, prosecutors said.

Hubsher was not supposed to be practicing medicine at all, prosecutors said. He was arrested and charged with rape for allegedly having sexual relations with a patient in April 2012, and surrendered his New York license to practice medicine in 2012 to resolve multiple unrelated charges from the State Board of Professional Medical Conduct, prosecutors said.

Bail for Mahler was set at $180,000 Thursday, and bail for Hubsher was set at $120,000, prosecutors said. Both defendants were due back in court on Nov. 3, and Hubsher is to appear in his rape case -- which is still pending – on Dec. 1.

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