Psychologist Under Investigation Must Comply With DEA Subpoena

A California-based psychologist who has been resisting a DEA subpoena for roughly three-and-a-half years lost his appeal to prevent its enforcement Monday.

The administrative subpoena—which was limited by the district court before it ordered Rick Wilson’s compliance—meets HIPAA’s exception for disclosures made for law-enforcement purposes, the Tenth Circuit said.

It also rejected Wilson’s constitutional grounds for challenging the DEA’s requests.

The subpoena, as narrowed, seeks records for patients for whom Wilson prescribed or dispensed controlled substances over a five-year period, and only those records that relate to the patients’ treatment for “a condition or diagnosis for which a controlled substance ...