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Prescription-drug-fraud charges have been dismissed against a Tucson eye surgeon who was indicted in May.

Pima County Superior Court Judge Edgar Acuña dismissed the case against Melanie McCarty at the request of Deputy Pima County Attorney Kellie Johnson, who cited "prosecutorial discretion" as the reason.

McCarty, 33, was indicted on four counts of obtaining a dangerous drug by fraudulent means. She was accused of filling out a prescription for herself for Lunesta, a sleep aid, and phentermine, an appetite suppressant, and then "falsifying a prescribing physician's name and credentials."

At the time, McCarty's attorney, Walter Nash, said there was an administrative issue about how the prescriptions were issued.

No one was alleging McCarty is addicted to the drugs, sold them or was ever impaired by them, Nash said.

On Thursday, Nash said prosecutors agreed to dismiss the case after he shared some information with them.

"We are most appreciative the County Attorney's Office let us point out a number of facts about what she did do and what she didn't do and who she is," Nash said.

The charges will not be re-filed as long as McCarty continues to cooperate with the Arizona Medical Board and the U.S. Drug Enforcement Administration, Nash said, noting he doesn't know any more specifics.

Roger Downey, media-relations officer for the Arizona Medical Board, said he could only comment on what is contained within the public record.

The Arizona Medical Board's Web site indicates McCarty's license remains active.