Matter of Tompkins v. Board of Regents

This appeal presents the question as to whether a doctor who prescribes narcotic drugs for an addict, with the sole purpose of satisfying the addiction and without a legitimate medical end, is thereby guilty of “ fraud or deceit in the practice of medicine ” (Education Law, § 6514, subd. 2, par. [a]) and subject to discipline by the Board of Regents.

After a proceeding pursuant to section 6515 of the Education Law the board had determined that respondent was guilty of “ fraud or deceit” under the statute and ordered the suspension of his license for six months. In reversing that determination…