California Court of Appeal

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Lewis v. Superior Court, B252032

Plaintiff-doctor's petition for a writ of mandate challenging the decision of the Medical Board of California disciplining plaintiff for failing to maintain accurate prescription records and placing him on probation, is denied, where: 1) the Board obtained data regarding plaintiff's patients' controlled substances prescription records from the Controlled Substance Utilization Review and Evaluation System (CURES) during its disciplinary investigation of plaintiff; 2) on balance, the CURES statute does not amount to an impermissible invasion of plaintiff's patients' state constitutional right to privacy, as there are sufficient safeguards to prevent unwarranted public disclosure and unauthorized access to CURES data; and thus, 3) the trial court did not err in denying plaintiff's petition to set aside the Board's disciplinary action against him.

Appellate Information

  • Decided 05/29/2014
  • Published 05/29/2014

Judges

  • ALDRICH

Court

  • California Court of Appeal

Counsel