ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter is before the Administrative Law Judge Division (Division) pursuant to the motion of
the Petitioner, South Carolina Department of Labor, Licensing, and Regulation, State Board of Medical
Examiners (Board), for an Order dismissing this case without prejudice, pursuant to ALJD Rules 19(A) and
52, and SCRCP 41(a). On March 11, 1998, the Board filed and served its Complaint for Injunctive Relief
against Respondent. The Complaint requested that the Division enforce a subpoena issued by the Board,
which sought the production of certain treatment records in the possession of the Respondent, in connection
with the Board's investigation of an unnamed physician. The Respondent refused to produce the records
without either a release from the patient involved or an Order of this Division.
Thereafter, on or about March 30, 1998, the patient whose records are being sought executed a
release for the records. In addition, the Board has been furnished a summary of the records in question.
Counsel for the Board represents in his Motion that the matter at issue has been resolved, no Answer is
expected to be filed by the Respondent, and that the time for filing an Answer in this matter has not yet
expired.
Accordingly, the Petitioner's Motion to Dismiss Without Prejudice is hereby GRANTED.
AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
April 13, 1998 |
