In Re Polen
Jan 16, 1996OUTCOME: Subpoena issued by client agency was valid, trial court's judgment affirmed.
Successfully defended an action brought by a licensee attempting to quash an investigative subpoena issued by State Chiropratic Board, when I was serving as its in-house counsel. We argued that there ... was no evidentiary doctor/patient privilege at that time for chiropractors, which position the trial court and Court of Appeals adopted. Although we obtained the result in the case we wanted, this state of the law was unacceptable to the Board as patients' privacy was threatened. As the Board's lobbyist, I authored a privilege statute which was enacted into law by the Ohio General Assembly as part of Am. Sub. HB 506, the Patient Protection & Professional Standards Act of 2000.
