California, United States of America
The following excerpt is from Wood v. Superior Court, 166 Cal.App.3d 1138, 212 Cal.Rptr. 811 (Cal. App. 1985):
Second, if the patient does not waive the privacy interest, the board's showing must provide competent evidence that permits the trial court to make an independent finding of good cause. The board must demonstrate that the particular records it seeks are "relevant and material to the board's inquiry" whether the petitioners have improperly prescribed Schedule II drugs. (See Doyle v. State, supra, 32 Cal.3d at p. 20, 648 P.2d 942.) Here the board's showing is lacking in two respects. First, the showing is insufficient to sustain the omnibus demand for the complete medical records of the patients. Second, the showing provides an inadequate foundation upon which the trial court may act other than as a rubber stamp in finding good cause.
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