A doctor licensed as a physician by the Medical Board with a certification as a psychiatrist was the subject of a Medical Board subpoena for his records regarding patient P who had complained to the Medical Board. After the making the complaint, but before the Medical Board sued to enforce its subpoena, P called to revoke his waiver of the psychotherapist-patient privilege. Held, the trial court erred in ordering doctor to comply with the subpoena. The records were clearly subject to the psychotherapist-patient privilege under Evid. Code 1014. B&P Code 2225(a) provides that Medical Board investigations are not governed by other law granting a privilege to communications between a physician or podiatrist and patient, but it does not mention psychiatrists or the psychotherapist-patient privilege. The fact that the psychiatrist was licensed as a physician did not make a difference. The patient did not waive the privilege since the form he signed said he could withdraw his waiver at any time and he did so before the Medical Board sought to enforce its subpoena.
California Court of Appeal, Second District, Division 1 (Chaney, Acting P.J.; Kriegler, J., dissenting); July 8, 2016; 2016 WL 3676210