"IOW, 395 says get a subpoena when you obtain medical records without consent. Why would the prosecutor not be bound by this law?"
Because 395 gives A method that the records can be obtained, but it is not the EXCLUSIVE method.
Roy Black has taken Rush for a lot of money attempting the same argument. I wonder what his next move will be ?
Because 395 gives A method that the records can be obtained, but it is not the EXCLUSIVE method.
In order for that to be the intent of the law, medical records must not have been obtainable by subpoena prior to the passage of 395. (Why pass a law giving them a method they already had?) Were medical records indeed not obtainable by subpoena before 395?
Roy Black has taken Rush for a lot of money attempting the same argument. I wonder what his next move will be ?
I'm not a lawyer, but I'd say Roy Black should find an example where medical records were obtained by subpoena under 395, then go to Federal Court with an Equal Protection Clause case.