Kolnick

Plaintiff appeals from a superior court judgment denying his petition for a writ of mandamus to restore his license to practice medicine. Testimony at the hearing showed that plaintiff wrote five prescriptions for an undercover police officer. He asked the officer to supply a false name for one of the forms (for APC) and omitted the date on another, giving the officer the pen he used so that the ink would match when the date was later added. He also asked the officer, who said he was leaving the area, to have one of the prescriptions filled immediately so that he wouldn’t “get in trouble” if the prescriptions were discovered. Two of plaintiff’s patients testified that they had been given injections by his employee Angelene May, who admittedly was not licensed in any health care capacity by the State of California.

Defendant Board of Medical Quality Assurance (Board) revoked plaintiffs license after it found first, that he prescribed controlled substances (APC with codeine and dexedrine) for a person he was not treating and had not examined and second, that he ordered an unlicensed employee to administer injections to his patients. The Board’s findings were made after a…