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To: Ken H

"Florida law specifically says that medical records are to be obtained by subpoena and this was not done. "

As you well know, not true, Florida law gives situations where records can be obtained under search warrent or with no subpeona or warrant at all.


18 posted on 05/29/2004 11:10:03 PM PDT by RS (Just because they're out to get him doesn't mean he's not guilty)
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To: RS

And the 4th DCA shot down those efforts to bypass FL Constinutional provision of privacy and the Medical Privacy law.

The records and situations you speak do not go to a patients privacy but to a situation where there will be immediate destruction of records. Such situations would be where the pharmacist has discovered the investigation and has commence shreading documents. Illegal abortion clinics.

There is no reasonable situation such as this which would allow a politically motivated bypass proper procedure and deny proper hearings. Please don't call that joke opportunity a hearing just after the fact. There was no notice, no opportuntiy to hear EXACTLY what in the medical records they wanted to have. The only trancriped result was clearance for a fishing expedition. Exactly what the medical privacy laws sought to protect.


23 posted on 05/29/2004 11:51:11 PM PDT by longtermmemmory (Vote!)
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To: RS
Florida law specifically says that medical records are to be obtained by subpoena and this was not done.

As you well know, not true, Florida law gives situations where records can be obtained under search warrent or with no subpeona or warrant at all.

Do you have a link to the thread where Florida Statute 325 was posted.

It says a subpoena shall be obtained for medical records.

There may be situations where a warrant or no warrant/subpoena is required, but for possible criminal actions, it says subpoena.

26 posted on 05/30/2004 12:10:28 AM PDT by Ken H
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