Board of Registration in Medicine v. Doe

This case arises out of an investigation by the Board of Registration in Medicine (board) into the treatment practices of John Doe, a board-certified psychiatrist who specializes in pain management. As part of its investigation, the board subpoenaed the treatment records of twenty-four of Doe’s patients. Doe refused to comply with the subpoena, and pursuant to G. L. c. 233, § 10, 2 the board commenced an action to enforce it. A judge in the Superior Court ruled that the records were not protected by the psychotherapist-patient privilege, see G. L. c. 233, § 20B 3 (the statute), and ordered…