California Supreme Court to Hear Privacy Challenge to Prescription Database Statute

Kenneth Ofgang reports:

The California Supreme Court has agreed to determine whether healthcare regulators violated the state Constitution’s privacy clause when they accessed a local doctor’s prescribing records as part of an investigation into claims of unprofessional conduct.

The justices, at their weekly conference in San Francisco Wednesday, voted 5-0 to review the ruling of this district’s Court of Appeal, Div. Three, in Lewis v. Superior Court (Medical Board of California) (2014) 226 Cal. App. 4th 933. Justice Kathryn M. Werdegar was absent and did not participate.

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