THE COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss. Division of Administrative Law Appeals


Board of Registration in Medicine,


Petitioner

v.
Docket No. RM-09-591


Bruce W. Hookway, M.D.,


Respondent

Appearance for Petitioner:

Jean M. O'Brien, Esq.


Board of Registration in Medicine
200 Harvard Mill Square, Suite 330
Wakefield, MA 01880


Appearance for Respondent:

Jay M. Elias, Esq.

Tate & Elias LLC
The Heritage Building
321 South Main Street
Providence, RI 02903

Administrative Magistrate

James P. Rooney

Summary of Decision

Physician who was disciplined in Rhode Island for pattern of prescribing controlled substances to patients in a manner that does not meet medical practice standard is subject to discipline by the Board.

RECOMMENDED DECISION

On September 2, 2009, the Board of Registration in Medicine issued a Statement of Allegations ordering Bruce W. Hookway, M.D. to show cause why he should not be disciplined in this state in light for discipline imposed on him in Rhode Island for a pattern of prescribing controlled substances to patients in a manner that does not meet medical practice standards. See 243 CMR 1.03(5)(a)3 and (5)(a)12.

On that same date, the Board referred the matter to the Division of Administrative Law Appeals.

On February 1, 2010, by mutual agreement among the parties, Dr. Hookway filed a Stipulation of Facts and Conclusions of Law. The stipulation is signed by Dr. Hookway, his counsel, and the Board's counsel. The Stipulation is attached as Exhibit 1.

Other than the Stipulation and the admissions of fact it contains, I have not taken evidence with respect to the facts of this matter. I adopt the facts as stipulated. The conclusions of law set forth in the Stipulation are warranted and I therefore adopt them as well.

Based on the foregoing, I recommend that the Board impose such discipline on Dr. Hookway as it deems appropriate in light of the facts and conclusions of law as stipulated by the parties.

DIVISION OF ADMINISTRATIVE LAW APPEALS


____________________________________________
James P. Rooney
Administrative Magistrate


Dated: February 26, 2010