Justia Health Law Opinion Summaries

After being involved in a rear-end collision, the defendant was arrested for felony driving under the influence in Idaho. Officers observed signs of impairment, but a breathalyzer test showed no alcohol. The defendant admitted to using anti-depressant medication. Subsequent blood tests revealed the presence of prescription drugs used for mental health treatment. As part of the investigation, the State obtained various records related to the defendant’s prescriptions and medical treatment from the Idaho Prescription Monitoring Program (PMP), Star Pharmacy, and Ada County Jail.Initially, the defendant moved to suppress evidence obtained from his arrest, arguing a lack of probable cause, and the Idaho Court of Appeals agreed, resulting in the suppression of certain statements and blood test results. On remand in the District Court for the Fourth Judicial District, the State sought the defendant’s medical and prescription records. Over the defendant’s objection, the court allowed the State to obtain these records. Before trial, the defendant filed a motion in limine to exclude the records, claiming they were protected by Idaho’s psychotherapist-patient privilege (Idaho Rule of Evidence 503). The district court granted the motion, finding the records were privileged and that the defendant had not waived this privilege by his statements to police.The Supreme Court of the State of Idaho reviewed whether the PMP, Star Pharmacy, and Ada County Jail records were privileged under Rule 503. The Court held that the PMP and Star Pharmacy records did not constitute “confidential communications” as defined by the rule, and that the defendant failed to prove the Ada County Jail medical questionnaire met the requirements for privilege. The Court reversed the district court’s order granting the defendant’s motion in limine and remanded for further proceedings. The Court affirmed only the part of the order concerning other jail records not challenged on appeal. View "State v. Borek" on Justia Law

Lewis Vanalen Borek was arrested for felony driving under the influence following a car accident in Star, Idaho. Officers at the scene administered a breathalyzer test, which returned a reading of .000, but Borek showed signs of impairment during field sobriety tests and admitted to taking anti-depressant medication. Subsequent blood tests revealed the presence of prescription drugs for mental health conditions. The State obtained records from the Idaho Prescription Monitoring Program (PMP), Ada County Jail, and Star Pharmacy, which included information about Borek’s prescriptions, medical history, and treatment.Borek initially moved to suppress all evidence from his arrest, arguing that officers lacked probable cause for a felony DUI, citing Idaho constitutional protections. The District Court denied his motion, but Borek appealed. The Idaho Court of Appeals reversed, agreeing that there was no probable cause for a felony DUI, and suppressed both the blood test results and statements made by Borek to medical staff. On remand, after further motions, the District Court allowed the State to obtain medical and prescription records from various sources. Borek filed a motion in limine to exclude these records, arguing they were privileged under Idaho Rule of Evidence 503. The District Court granted Borek’s motion, finding the records to be confidential communications protected by the psychotherapist-patient privilege.The Supreme Court of the State of Idaho reviewed the District Court’s order on permissive appeal. It held that the PMP and Star Pharmacy records did not constitute confidential communications under Rule 503(b)(2) and that Borek failed to meet his burden to prove that the Ada County Jail medical questionnaire was privileged. However, the State waived its challenge to exclusion of other jail records. The Supreme Court reversed the District Court’s order granting Borek’s motion in limine and remanded for further proceedings. View "State v. Borek" on Justia Law