Board authorized to revoke physician’s license for inappropriately prescribing opioids.

The Georgia Composite Medical Board (“the Board”) sought to revoke a physician’s license for failing to adhere to minimum standard of acceptable practice with regard to his treatment of ten patients, and for allegedly operating an unlicensed pain clinic.  The physician prescribed Xanax and oxycodone to the patients in excessive dosages and quantities, and failed to consider treatments alternative to prescribing controlled substances, despite the fact that most of the patients exhibited “age-appropriate” spinal conditions.  Further, the physician prescribed controlled substances to the patients without first obtaining their prior treatment records.   The Court held that the physician’s unprofessional conduct merited the revocation of his license, but that the Board had not demonstrated that he operated an unlicensed clinic because it did demonstrate that at least 50% of patients at the clinic were treated for chronic pain for nonterminal conditions by the use of Schedule II or III controlled substances such that licensure was required.