AZ BD. OF MED. EXAMINERS v. SUPER. CT.

No. 1 CA-SA 96-0158.

186 Ariz. 360 (1996)

922 P.2d 924

ARIZONA BOARD OF MEDICAL EXAMINERS, Petitioner, v. The SUPERIOR COURT of Arizona In and For MARICOPA COUNTY, the Honorable Lawrence O. Anderson, a judge thereof, Respondents, Eveline Maria MOOS and Richard W. Moos, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

August 20, 1996.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by James M. McGee and Nancy J. Beck, Assistant Attorneys General, Phoenix, for Petitioner.

Mitten, Goodwin & Raup by Calvin L. Raup and Sharon E. Ravenscroft, Phoenix, for Respondent Richard W. Moos.

Harry W. Keidan, P.C. by Harry W. Keidan, Phoenix, for Respondent Eveline Maria Moos.

Mark & Pearlstein, P.A. by Leonard J. Mark, Phoenix, for Respondent Richard W. Moos.


OPINION

EHRLICH, Presiding Judge.

The issue presented by this special action is whether information gathered in the course of an investigation of a physician by the Arizona State Board of Medical Examiners ("BOMEX" or "board") is absolutely privileged under Arizona Revised Statutes Annotated ("A.R.S.") section 32-1451.01(C) and therefore immune to discovery by civil litigants. For the reasons stated below, we accept jurisdiction, conclude that such information...

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