Bearman

INTRODUCTION

In the course of investigating a claim that Dr. David Louis Bearman indiscriminately recommended the medicinal use of marijuana to one of his patients, the Medical Board of California (Medical Board) issued an administrative subpoena for the patient’s medical records. When the patient refused to waive his right of privacy and Dr. Bearman refused to produce the records, the Medical Board obtained an order from the superior court directing Dr. Bearman to comply with the subpoena. Because the Medical Board failed to demonstrate sufficient facts to support a finding of good cause to invade the patient’s right of privacy, we grant Dr. Bearman’s petition for a writ of mandate and order the trial court to vacate its order enforcing the subpoena.

FACTUAL AND PROCEDURAL BACKGROUND

Dr. Bearman is Nathan’s physician. On March 15, 2001, Dr. Bearman gave Nathan a letter stating, “This is a follow-up to my previous letter confirming your visit to my office on November 19, 2000, and my approval/recommendation for you of medical cannabis, this letter then certifies that you ... are under my medical care. You reported to me that using marijuana relieves your medical…