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Judge Allows Subpoenas of Limbaugh Doctors
Judge Allows Subpoenas of Commentator Rush Limbaugh's Doctors in Painkiller Investigation
The Associated Press
WEST PALM BEACH, Fla. - Prosecutors can subpoena Rush Limbaugh's doctors as part of an investigation into whether the conservative radio commentator illegally bought painkillers, a judge ruled Monday.
Judge David F. Crow ruled that Florida laws do not prevent doctors from talking with prosecutors if the discussion is relevant to the prosecution of a crime.
The decision gave prosecutors permission to subpoena doctors and their staff, but it also protected confidential material in Limbaugh's medical records. The judge noted that Florida law prohibits the discussion of a patient's medical condition and information disclosed by a patient during treatment.
Prosecutors and an attorney for Limbaugh both said they benefited from the ruling.
"The court allowed us to proceed, within the constraints of present law," said Mike Edmondson, a spokesman for the state attorney in Palm Beach County.
Roy Black, Rush Limbaugh's attorney, said in a statement that the decision upheld "our argument that the state cannot breach doctor-patient confidentiality just because it has obtained some medical records," Black said.
Prosecutors seized Limbaugh's records after learning that he received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion. They contend that Limbaugh engaged in "doctor shopping" by illegally deceiving multiple doctors to receive overlapping prescriptions.
Limbaugh has not been charged with any crime and maintains his innocence. He has acknowledged he became addicted to pain medication, blaming it on severe back pain, and took a five-week leave from his radio show to enter a rehabilitation program in 2003.
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