Fick

Robert W. Fick, M.D., petitioned the superior court for a writ of mandate to review the action of the California State Board of Medical Examiners (Board) in revoking his certificate to practice medicine and surgery.

The action of the Board was based on its findings that Dr. Pick was guilty of unprofessional conduct as defined by Business and Professions Code section 2384 (conviction under statute regulating narcotics or dangerous drugs), Business and Professions Code section 2390 (misuse of narcotics, drugs or alcohol) and Business and Professions Code section 2391.5 (violation of statutes regulating narcotics and dangerous drugs).

The court below ruled that the Board’s findings were supported by the evidence adduced in the, administrative hearing but nevertheless issued its peremptory writ of mandate commanding the Board to reconsider the penalty imposed. Both sides appeal.

Proceedings against Dr. Pick were instituted by an accusation filed before the Board on March 10, 1969. The accusation charged that Dr. Pick was guilty of unprofessional conduct pursuant to section 2390 (Bus. & Prof. Code) in that he had since the year 1957 used and administered to himself a…