Collins

Tills appeal by the state Board of Medical Examiners is from a judgment of the superior court, entered pursuant- to Code of Civil Procedure section 1094.5, ordering the issuance of a peremptory writ of mandate directing appellant board to set aside its decision revoking the license of Robert F. Collins to practice medicine in this state, and to reconsider the same in light of the trial court’s findings and conclusions. Appellant filed an opening brief'but respondent doctor has filed none. 23We reverse the judgment.

Pursuant to Business and Professions Code sections 2360 and 2361, the executive secretary of the board filed an accusation charging Collins with “unprofessional conduct” as such term is defined in Business and Professions Code sections 2384, 2391.5 .and 2399.5 in that petitioner (1) was convicted upon a plea of nolo contendere of violating section 11163 of the Health and Safety Code, i.e., issuing false and fictitious narcotics prescriptions; (2) violated Business and Professions Code section 2399.5 by prescribing dangerous drugs as defined in Business and Professions Code section 4211 without either a prior examination of the patient or medical indication…