Lipschultz v. SUPERIOR COURT, ETC.

CAMERON, Justice.

We granted this petition for special action pursuant to Article 6, § 5 of the Arizona Constitution and Rule 1, Rules of Procedure for Special Actions, 17A A.R.S., because this is a matter of state-wide importance and there is no equal, plain, speedy and adequate remedy by appeal.

We must answer two questions:

1. Is information obtained by the Arizona Board of Medical Examiners in its investigation of alleged medical malpractice pursuant to statute, A.R.S. § 32-1451.01, privileged?

2. If a privilege exists, is it properly enforceable by the petitioners?

The facts necessary to a…