Dore and her practice, Helios Psychiatry, Inc. Batalden, who are partners at the appellate firm Horvitz & Levy LLP, and is republished with permission.įor more information regarding this bulletin, please contact H. Integrative Behavioral Health & Medicine Mental Health Care Los Altos, California 29 followers A scientific, natural & wholesome approach towards mental health. While investigating the propriety of psychiatrist Jennifer Dore's prescription of controlled substances to a family member, the Medical Board of California (Board) - an administrative agency within the Department of Consumer Affairs - served a subpoena and interrogatories on Dr. The bulletin describing this appellate decision was originally prepared for the California Society for Healthcare Attorneys (CSHA) by H. Wolfsohn (2019) 33 Cal.App.5th 1024, by noting that this case began with a patient complaint (as opposed to one by a third party), the expert declaration described a deviation from the standard of care, and the subpoena was not a fishing expedition. Moreover, the trial court’s failure to make factual determinations was not error because the Board was not obligated to prove wrongdoing. Additionally, the court rejected Dore’s claim that the Board’s expert declaration should have addressed how often other physicians would have issued similar prescriptions. Last, the court distinguished Grafilo v. ![]() The Board’s expert declaration explained that treating family members is traditionally outside the scope of standard medical care. Here it was highly unlikely that extenuating circumstances (like an emergency) justified such care. Second, the court held that the Board produced sufficient evidence to support a finding that the family member’s records were relevant and material to the Board’s investigation, which was narrowly crafted to exclude immaterial records. The Court of Appeal affirmed. First, it held that the Board provided sufficient evidence showing that it had compelling interest in reviewing the medical records. The Board filed in the trial court a petition to compel Dore and her practice to comply with the subpoena and other interrogatories. Dore opposed the petition. The trial court granted the petition. Dore and her practice appealed. Always contact your healthcare provider directly with any questions you may have regarding your health or specific medical advice. After finding an irregular prescription of Adderall and Klonopin (both controlled substances) to a family member employed by her medical practice, the Board served Dore with an investigative subpoena for the family member’s medical records. Dore refused to produce the records. Jennifer Dore-a certified psychiatrist and surgeon-inappropriately prescribed controlled substances, the Board opened an investigation into Dore and her practice. When a patient complained to the Medical Board of California (Board) that Dr. 14, 2023, A165128) _ Cal.App.5th _ ĭoctor’s irregular prescription of controlled substances to family member is good cause for disclosure of family member’s private medical information. Corrick worked in a psychiatric hospital where he developed and implemented summer and after-school programs for children.Business Law Kirchmeyer v. ![]() Corrick holds a master’s degree in counseling psychology from California State University – East Bay and is a member of the California Psychological Association. ![]() He has represented hospitals, physicians, nurses, psychologists, allied health care professionals and skilled nursing facilities in all phases of civil litigation in state and federal courts, as well as in arbitral forums. He has practiced in diverse areas of law, including the defense of medical malpractice and elder abuse cases, and has served as both a prosecuting Deputy Attorney General and as defense counsel in professional licensing matters. Corrick has over two decades of experience as a litigator in state and federal courts, administrative forums, and appellate courts. David Corrick is an associate in the Sacramento office of Lewis Brisbois and a member of the Healthcare, Medical Malpractice, and Long-Term Care Practices.
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