California Court of Appeal

In a physician's petition for writ of mandate involving the applicability of the psychotherapist-patient privilege in a Medical Board of California's investigation into improper prescribing of controlled substances, and the sufficiency of the California Department of Consumer Affairs' showing to overcome the patients' right to privacy, the petition is granted in part where: 1) the psychotherapist-patient privilege does not protect the subpoenaed records from disclosure to the Department; and 2) psychiatric patient's constitutional right to privacy requires the Department to demonstrate a subpoena for the patient's records is supported by a compelling interest and that the information demanded is 'relevant and material' (Wood v. Superior Court (1985) 166 Cal.App.3d 1138, 1148-1149) to the particular investigation being conducted.

Appellate Information

• Published 2017/05/01

Judges

• BAKER

Court

• California Court of Appeal

Counsel