Monday, May 16, 2005 | 10:59 a.m.
A doctor who gave his patients nonapproved medications at a time when he had already been ordered not to practice medicine was found guilty Saturday by the state Board of Osteopathic Medicine of unprofessional conduct.
Dr. Edward Hoffman's license will remain suspended until he can complete a course of treatment for narcissism, the board ruled. When he gets his license back, he can resume practicing, but he may not dispense medications and he must continue therapy for at least three years, the board ruled.
Hoffman was found to have administered several medications not approved by the federal Food and Drug Administration to his patients.
The board found he dispensed botulinum toxin -- the active ingredient in the cosmetic Botox -- that was labeled "not for human use;" he gave shots of flu vaccine that he had ordered on the Internet from Canada; and he gave a patient a dietary supplement, Clenbuterol, from Mexico.
Furthermore, Hoffman was not supposed to be practicing medicine at all when he engaged in those activities. In May 2004, facing accusations of sexual misconduct for having an affair with a patient, he had agreed not to practice medicine until he could get treatment for his "boundary issues."
"Dr. Hoffman flagrantly violated this board's order," Chief Deputy Attorney General Charlotte Bible, the prosecutor in the administrative proceeding, told the Osteopathic Board. "He willfully chose to practice osteopathic medicine when he was under board order not to practice medicine."
Hoffman's narcissism made him believe he was above the law, Bible said. "Dr. Hoffman is not the FDA, although he believes he knows better than the FDA," she said. "Dr. Hoffman engaged in medical practices harmful to the public and conduct detrimental to his patients."
Bible asked the board to revoke Hoffman's license, but board members in their deliberations agreed that Hoffman deserved another chance. Board members said they were swayed by testimony that Hoffman was a caring doctor whose patients had been loyal to him for decades.
"I want to find a way to work out for Dr. Hoffman a return to practice," board member Dr. Daniel Curtis said. "Over 30 years, he's been a good doc."
Hoffman, who testified emotionally for hours several weeks ago in a previous segment of the hearing, had an explanation for each of his actions. He said he tried to complete a course of therapy, but it wasn't right for him.
As for the fake Botox, Hoffman said he was duped by a scam company that took in physicians around the country with its product and that is now the subject of a federal indictment. The Canadian flu vaccine he had researched and believed to be safe, and he wanted to help his patients at a time when a flu shot shortage had caused widespread panic. And the Clenbuterol, a "legal steroid" often used by bodybuilders, can be had over the counter at vitamin shops, he said, so why couldn't a doctor give it out?
Hoffman also said that he did not believe he practiced medicine by doing these things and that prescriptions found with his signature around this time must have been traced.
Board member Dr. Matthew McMahon said Hoffman's explanations might have made sense individually, but taken together they weren't convincing.
"He has chosen to demonstrate a pattern of behavior time and time again," McMahon said. "He knows what's best for his patients, FDA be damned. I feel like we were duped."
The board's verdict was a mixed result for Hoffman -- not the ultimate penalty of revocation, but not a free pass either. Hoffman said afterward he looked forward to meeting the board's requirements and getting back to his practice. But he also seemed not to think he needed any kind of psychological treatment.
"I will do whatever it takes because practicing medicine is what I've always wanted to do," he said. "Would I rather not do this? I'd rather not. I've been here for 30 years -- to be told now I have issues that need therapy, it's something."
Bible, the prosecutor, expressed exasperation at Hoffman being given yet another chance to bring his behavior into line.
"We tried this avenue before," she said. "I just hope it works this time."
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