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In August 2011, the Medical Board of California obtained information suggesting Michael Chiarottino, MD, was prescribing controlled substances to patients in a manner that violated the Medical Practice Act.
As part of the investigation into Dr. Chiarottino's activities, the Medical Board of California obtained a Controlled Substance Utilization Review and Evaluation system report of Dr. Chiarottino's prescribing history.
The board's medical expert, Rick Chavez, MD, conducted an independent review of the CURES reports and Dr. Chiarottino's patients' pharmacy records. Dr. Chavez identified significant concerns and irregularities in Dr. Chiarottino's prescribing of controlled substances, including prescribing large quantities of highly addictive and dangerous narcotics, prescribing highly addictive drugs for lengthy periods of time and prescribing highly unusual combinations of drugs.
As a result of Dr. Chavez's findings, Dr. Chiarottino was served with subpoenas from the Medical Board of California directing him to produce five of his patients' medical records, and the patients were sent letters requesting authorization for the release. After receiving the letters, the patients informed the board they objected to their medical records being released, and Dr. Chiarottino refused to comply with the subpoenas on the basis the patients had objected.
On April 18, 2013, a trial court granted a motion brought by the Medical Board of California requiring Dr. Chiarottino to comply with the subpoenas. The trial court limited the disclosure to records that were "relevant and material to the pending investigation," by setting forth certain substantive and time-based limitations. Dr. Chiarottino appealed the trial court's decision.
After considering the patients' right to privacy and the Medical Board of California's interest and responsibility to monitor physicians within the state, an appeals panel held the board did not violate Dr. Chiarottino's patients' right to privacy in accessing their medical records.
In support of its decision, the appeals panel held the Medical Board of California had good cause to request the specific patients' records. The appeals panel further held California law requires pharmacies within the state to provide the Department of Justice with the names, addresses and phone numbers of prescribed users of schedule II, III and IV controlled substances; therefore, the same information may be given to state, local or federal agencies for the purposes of criminal or disciplinary investigations.
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