Wood

In this consolidated proceeding we consider the authority of the Board of Medical Quality Assurance (Bus. & Prof. Code, § 2001) to subpoena the medical records of a physician’s patients without their consent. The board, in the course of investigations of Drs. Wood and Linn (petitioners), issued administrative subpoenas (Gov. Code, § 11181) requiring them to produce the complete medical records of named patients. Each refused to comply and the board sought judicial enforcement of the subpoenas. (Gov. Code, § 11187.) The trial court upheld the board and ordered compliance with the subpoenas. Each doctor petitioned this court for a writ of mandate overturning the orders. Although the orders requiring compliance with the subpoenas are appealable as final judgments in special proceedings (Franchise Tax Board v. Barnhart (1980) 105 Cal.App.3d 274, 277 [ 164 Cal.Rptr. 331 ]), we have issued alternative writs which are conclusive of petitioners’ entitlement to extraordinary relief. We will grant the relief requested on the ground that the board has not shown sufficient cause for the judicial enforcement of its subpoenas.

Facts

The board is charged with the duty of investigating…