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ABBOTT v. TEXAS STATE BD. OF PHARMACY

No. 03-11-00481-CV.

391 S.W.3d 253 (2012)

Greg ABBOTT, Attorney General of Texas, Appellant v. TEXAS STATE BOARD OF PHARMACY, Appellee.

Court of Appeals of Texas, Austin.

November 21, 2012.

Attorney(s) appearing for the Case

Kimberly L. Fuchs , Chief, Open Records Litigation, Administrative Law Division, Austin, TX, for appellant.

Lesli Gattis Ginn , Assistant Attorney General, Financial and Tax Litigation Division, Austin, TX, for appellee.

Before Justices PURYEAR, PEMBERTON and HENSON.

OPINION

DIANE M. HENSON, Justice.

The issue presented in this appeal is whether the Medical Practice Act grants a requestor the right to obtain his or her prescription record from the Texas State Board of Pharmacy, even though the record is part of a confidential, investigative file and otherwise excepted from disclosure under the Texas Public Information Act (PIA). See generally Tex. Gov't Code Ann. §§ 552.001-.353 (West 2012). A...

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