Lewis v. Superior Court (Medical Board of California)
Cal.Sup.Ct.; S19811 The California Supreme Court affirmed a court of appeal decision. The court held that the Medical Board of California’s actions…
July 17, 2017 at 06:15 PM
2 minute read
Cal.Sup.Ct.;
S19811
The California Supreme Court affirmed a court of appeal decision. The court held that the Medical Board of California's actions in accessing patient prescriptions records during investigation of a physician did not violate the patients' privacy rights.
While investigating physician Alwin Lewis in response to a patient complaint unrelated to the prescribing of controlled substances, the Medical Board of California obtained data on Lewis' prescribing practices from the Controlled Substance Utilization Review and Evaluation System (CURES) established by former Health & Saf. Code §11165(c). After reviewing that data, the board obtained the records of two of Lewis' patients by way of administrative subpoena. Based on the board's review of these and other records, Lewis was suspended for excessive prescribing and failing to maintain accurate prescription records.
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