CA5: DEA subpoena preempts Texas Occupational Code on patient privacy

The DEA subpoena power of the federal Controlled Substances Act subpoena preempts the Texas Occupational Code, so the doctor here can’t rely on state law to prevent disclosure of patient medical records. The gag order request in the subpoena was not enforced by the USMJ, so patients were notified and none intervened. This point is now a nonissue. United States v. Zadeh, 2016 U.S. App. LEXIS 7248 (5th Cir. April 21, 2016).

The trial court erred in finding that the defendant didn’t consent to the taking of her blood. State v. Reid, 2016 Ga. App. LEXIS 241 (April 22, 2016).*

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