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NEWARK
– The Appellate Division of the State
Superior Court has upheld the decision by
the State Board of Medical Examiners revoking
the license of a Wildwood-based physician
for his fraudulent prescribing of pain killers
and his falsification of medical records.
Dr.
John G. Costino, Jr. had appealed the Board’s
2009 action that revoked his medical license
for a minimum of five years. The Board also
assessed Costino $70,733 in legal costs
that he is required to pay in reimbursement
to the state, which he also appealed.
The
court, in its decision issued on October
12, rejected Costino’s assertion that
the term of the license revocation and the
amount of reimbursement were excessive.
“Professional
misconduct is a grave offense and the court
found that the Board of Medical Examiners
took appropriate disciplinary action based
on its review of the facts,” Attorney
General Paula T. Dow said. “Physicians
who think they can indiscriminately prescribe
pain killers without proper medical justification
and without any consequences to themselves
are flat-out wrong.”
The
Board temporarily suspended Dr. Costino’s
license in December 2007 following an undercover
investigation and he has not seen patients
since then. The investigation found that
Dr. Costino created diagnoses of acute sprain
and strain to the thoracic and lumbar spine
without examining these areas when undercover
investigators came to him posing as patients.
The
Board in July 2009 revoked Costino’s
license after an Administrative Law Judge
conducted a hearing and recommended the
revocation.
“The
abuse of prescription pain killers is a
national scourge that regulators and law
enforcement agencies are grappling with.
Physicians such as Dr. Costino, who dispense
pain pills as easily as Pez, are enablers
whom we are committed to rooting out and
disciplining,” said Thomas R. Calcagni,
Acting Director of the State Division of
Consumer Affairs.
Deputy
Attorney General David M. Puteska represented
the state in this matter.
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