In United States v. Zadeh, originally filed in the Northern District of Texas, Abbas Zadeh, MD, is under criminal investigation for a potential violation of controlled substance prescribing laws. The DEA seeks to obtain the medical records of Dr. Zadeh’s patients to determine whether he violated the Controlled Substances Act.
The District Courts ruled in favor of the DEA, saying it could obtain the medical records without probable cause or a warrant, saying the DEA can issue subpoenas “merely on suspicion that the law is being violated or even just because it wants assurance that it is not.”
Dr. Zadeh appealed the decision, bringing the court to the Fifth Circuit.
The outcome of the case will be important for telemedicine providers who remotely prescribe controlled substances.
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