People v. Superior Court (Douglass)

— I respectfully dissent. The following analysis of the relevant statutory provisions leads me to the inevitable conclusion that real party’s conduct, if established, constitutes a misdemeanor and is properly punishable as such. Real party is accused of prescribing or furnishing dangerous drugs without prior examination and medical indication therefor. Such conduct is expressly proscribed as “unprofessional conduct” under section 2399.5 of the Business and Professions Code. In turn, “unprofessional conduct” is defined in section 2361 of that code as including “(a) Violating . . . any…