Pubdate: Wed, 21 Jan 2004 Source: Sun-Sentinel (Fort Lauderdale, FL) prush21jan21,0,5745632.story?coll=sfla-news-palm Copyright: 2004 Sun-Sentinel Company Contact: http://www.sun-sentinel.com/ Details: http://www.mapinc.org/media/159 Author: Peter Franceschina, Staff Writer Bookmark: http://www.mapinc.org/find?232 (Chronic Pain) 3 MEDICAL GROUPS JOIN LIMBAUGH BATTLE TO KEEP MEDICAL RECORDS PRIVATE Three medical groups that advocate a better public understanding of chronic pain treatment want to join Rush Limbaugh's appeal of a judge's order granting Palm Beach County prosecutors access to the conservative radio commentator's medical records. The request on behalf of The National Foundation for the Treatment of Pain, the Florida Pain Initiative and the Association of American Physicians and Surgeons was filed Tuesday with the 4th District Court of Appeal in West Palm Beach. Last week, the appeals court granted permission for the American Civil Liberties Union to argue on Limbaugh's behalf. Limbaugh, 53, is being investigated for possible violations of the state's "doctor shopping" law, which makes it illegal to secretly obtain overlapping prescriptions from different doctors. Prosecutors seized his medical records from four doctors late last year. Palm Beach County Circuit Judge Jeffrey Winikoff determined last month that prosecutors properly seized the records and granted prosecutors access to them. The next day, Winikoff resealed the records to give Miami lawyer Roy Black, who represents Limbaugh, time to appeal the decision. Black maintains the prosecutors didn't follow the law when they seized the records with search warrants, rather than notifying Limbaugh first to give him a chance to contest it in court. The seizure of the records violated Limbaugh's right to privacy, Black said. Prosecutors argue there is precedent for seizing the records with search warrants. They have filed a motion with the appeals court arguing the court has discretion whether to continue to hear the appeal. Black filed a response on that issue Tuesday, arguing that the appeals court should review Winikoff's order granting prosecutors access to the records. Prosecutors have until Tuesday to respond. Mary Baluss, the attorney for the three medical organizations, said Limbaugh is a pain victim who should not have his privacy invaded or be stigmatized. In October, Limbaugh checked into a rehabilitation program for a month after admitting he was addicted to prescription narcotics he said he took for chronic back pain. "The point here is that Rush Limbaugh is not an addict. He is a pain patient," Baluss said. "We feel very strongly that pain patients need records privacy even more than other patients. They are the equivalent of people who were HIV-positive 20 years ago. If it gets out, you are subject to all kinds of stigmatization." Prosecutors maintain they have protected Limbaugh's privacy and his constitutional rights. Black said that he welcomed the medical organizations to the case. - --- MAP posted-by: Beth Wehrman