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Nurse charged with overprescribing drugs

Prosecutors: Ostolski overprescribed drugs for patients to sell for profits

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Buffalo, N.Y. (WBEN) - Federal prosecutors say a North Tonawanda nurse overprescribed drugs for patients who were then expected to sell them for a profit.

55-year-old Michael Ostolski is accused of over prescribing oxymorphone dosage to patients at Acacia Family Health in Lockport, who then agreed to sell all or a portion of the prescribed pills for a financial profit. Prosecutors say the patients were expected to give Ostolski the profits from the sale during their next office visit.


The office visits were being billed to insurance including Medicare and Medicaid. Data from the New York State Department of Health Bureau of Narcotics Enforcement shows that between August 2021, and September 2023, Ostolski prescribed his co-conspirator patients collectively approximately 123 controlled substance prescriptions of oxymorphone, totaling in excess of 13,000 oxymorphone pills. During the course of the investigation, investigators conducted several controlled purchases of oxymorphone from Ostolski, and multiple controlled office visits with Ostolski, during which he received cash payments.

Ostolski made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.

Prosecutors: Ostolski overprescribed drugs for patients to sell for profits