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Henry Fenton Argues Before California Supreme Court in Support of Patient Privacy Rights

On May 3, 2017, Henry Fenton argued before the California Supreme Court in the case of Lewis v. Medical Board of CA (S219811). Fenton Jurkowitz Law Group represented Dr. Lewis against the Medical Board in a matter that culminated with Mr. Fenton’s oral argument on May 3 before the California Supreme Court. The issues in the case focus on (1) whether individuals have a protected privacy interest in their controlled substance prescription information and (2) whether a physician can assert those privacy interests on behalf of their patients. Mr. Fenton argued that the Medical Board practice of accessing controlled substance prescription data was unconstitutional and that the Medical Board’s access to the Controlled Substances Utilization Review and Evaluation System (“CURES”) was illegal. Privacy and healthcare experts await the Court’s Decision in this important case.

Fenton Jurkowitz Law Group was pleased to have the support of the following entities who filed Amicus Briefs (Friend of the Court Briefs): ACLU of Northern California, ACLU of San Diego and Imperial Counties, California Medical Association, American Medical Association, California Psychiatric Association, California Dental Association, American Dental Association and the Electronic Frontier Foundation.

More information on Lewis v. Medical Board of CA (S219811) can be found here.