2018-00233442-CU-PT

Dean R. Grafilo Director vs. John Philip Williams

Nature of Proceeding: Petition to Compel Compliance with Investigational Subpoena

Filed By: Gatschet, John S.

Petitioner’s motion to compel compliance with investigational subpoena is UNOPPOSED and is GRANTED.

Petitioner Dean R. Grafilo, in his official capacity as the Director of the Department of Consumer Affairs, State of California (“DCA”) brings this petition for order to show cause to compel Respondent John Philip Williams, D.O., to comply with the investigational subpoena that was served on him pursuant to

Government Code § 11180 et seq. and to produce his records of medical treatment for seven patients between 1/1/2013 and 12/31/2017. A confidential complaint from an individual stated that Respondent was engaged in problematic prescribing practices involving controlled substances. The Board’s investigation of Respondent’s prescribing history revealed irregularities in these seven patients that had been treated by Respondent.

The Court finds that the subpoena was regularly and properly issued and that it seeks information relevant to the investigation. The Medical Board has shown good cause for the release of the records. Good cause is established by demonstration to the court “through competent evidence that the particular

records [the Medical Board] seeks are relevant and material to its inquiry sufficient for a trial court to independently make a finding of good cause to order the materials disclosed. (Bearman v Superior Court (2004) 117 Cal.App.4th 463, 468.)The purpose of this requirement is to assure that the request for records “may be granted without abuse of a third party’s constitutionally protected right of privacy.” (Board of Medical Quality Assurance v. Gherardini (1979) 93 Cal.App.3d 669, 681.) In balancing the privacy rights of the patients with the need for discovery, the court finds that “the state’s interest in

ensuring that the public receives medical care that conforms with the standard of care is a compelling interest” that outweighs the privacy interests of the individuals. (Fett vs. Medical Board of California (2016) 245 Cal.App.4th 211, 225, fn.3.)