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BURNS v. BOYDEN

No. 20050039.

133 P.3d 370 (2006)

2006 UT 14

Dr. Brian D. BURNS, Petitioner, v. The Honorable Ann BOYDEN, a judge in the Third Judicial District Court, State of Utah, Respondent. State of Utah, Real Party in Interest.

Supreme Court of Utah.

March 3, 2006.

Attorney(s) appearing for the Case

Michael N. Martinez, Sarah Lynn Mathews, Salt Lake City, for petitioner.

Brent M. Johnson, Salt Lake City, for respondent.

Mark L. Shurtleff, Att'y Gen., Laura B. Dupaix, Daryl L. Bell, J. Denis Kroll, Jay Stone, Asst. Att'ys Gen., Salt Lake City, for real party in interest.

DURRANT, Justice:

¶ 1 This case presents two distinct issues: (1) whether Dr. Brian D. Burns may claim the physician-patient privilege as a shield against a state investigation into his allegedly fraudulent billing practices, and (2) whether a secrecy order obtained by the State respecting this investigation is constitutional. As to the first issue, rule 506 of the Utah Rules of Evidence provides a physician presumptive authority to claim the physician-patient...

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