Patient Authorization Not Required For Access To Prescription Database.

The Medical Board of California issued investigative subpoenas in connection with the investigation of a doctor for prescribing excessive controlled substances. The investigator sent letters to five patients requesting release of their medical records, and the patients objected, so the doctor would not produce the requested information. The Board accessed a computerized database of controlled substance prescription records for both the doctor and the five patients, and thereafter filed a petition for an order compelling the doctor to comply with the subpoenas, using the computerized records to demonstrate good cause. The trial court granted the petition, limiting disclosure to records that “are relevant and material to the pending investigation.” On appeal, the doctor contended his patients’ privacy rights were violated when the Board accessed the computerized database. The appellate court affirmed the order, citing Health and Safety Code section 11150. (Medical Board of California v. Chiarottino (Cal. App. First Dist., Div. 1; April 15, 2014)225 Cal.App.4th 623, [170 Cal.Rptr.3d 540].)