I have previously written about the Medical Board’s attempt to trick, cajole, and intimidate families whose children have a vaccine medical exemption into agreeing to execute a consent/authorization to allow your child’s doctor to release medical records to the Board.
Here is that post: https://rickjaffeesq.com/2019/07/16/so-you-just-received-a-certified-letter-from-the-cali-medical-board-asking-you-to-sign-a-release-for-your-childs-medical-records-what-are-your-options/
The bottom line is that you are not legally required to sign the release, and there is nothing the Board can do to you to force you to do so. Specifically, the Board cannot issue a subpoena to you, for the simple reason that you do not have the medical records.
I have seen one of the Board’s recent letters. It had a twist: attached to the letter was a subpoena, BUT, the subpoenaed party was not the family, but the family’s vaccine medical exemption writing physician. For nonlawyers, this creates the (probably intentionally) false impression that the family is the subject of the subpoena.
DO NOT BE DECEIVED: A subpoena that does not have your name on it has no legal effect whatsoever. It is just a tactic by the Board to intimidate or confuse you into thinking that you have been subpoenaed and must comply, presumably by executing the also attached medical release form.
If you receive this letter with the attached subpoena, my suggestion is you simply fax or email it to your physician, and he or she will take care of it. Also state in your letter whether you authorize your physician to release your child’s records. As I have explained in a prior post, it is likely that the Board will eventually obtain your child’s records. However, for a variety of reasons, you should at least tell your physician what you think about it. Here is the post which lays out the legal issues surrounding the Board’s power to obtain medical records over the patient’s objections.
As many of you know, the Medical Board is now a defendant in Dr. Stoller’s lawsuit against the San Francisco City Attorney. Don’t be surprised if at some point in the not-too-distant future, this new intimidation tactic by the Board becomes part of our lawsuit.
Rick Jaffe, Esq.