12-0901-11125-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE STATE BOARD OF CHIROPRACTIC EXAMINERS

 

In the Matter of the Chiropractic License of Gregory C. Fors, D.C.; License No. 1836

PROTECTIVE ORDER

           

            The Complaint Panel of the State Board of Chiropractic Examiners (Complaint Panel) has provided certain private data to Respondent in order to assist him in the preparation of his defense in this matter.  It is appropriate that a Protective Order be issued governing the use of that data and to ensure that it is not disclosed to the public.  Such an order is necessary to protect the identity of the nine patients of Respondent who have provided complaints in this matter in order to protect their privacy and to avoid possible undue embarrassment to them.

 

            Based upon the foregoing, the Administrative Law Judge makes the following:

ORDER

1.         The data provided by the Complaint Panel to Respondent, specifically, the identities and complaints of the nine persons referred to by number in the Notice of Hearing and Supplemental Notice of Hearing, and the investigative reports and affidavits concerning said persons, are private data under Minn. Stat. § 13.41.  The parties, their attorneys, and their agents shall not disclose the identities of or information concerning such persons derived from such data except as necessary for the preparation and presentation of the party's case.  For example, the identities may be disclosed to a sheriff or other process server and to expert witnesses.  However, prior to any such disclosure, the person to whom the disclosure is made must agree to abide by the terms of this Order. 

2.         This Order is not intended to prevent either party, their attorneys, or agents, from discussing this matter or otherwise using information about this matter that is not derived from the private data provided by the Complaint Panel.

 

3.         Any documents filed in the Office of Administrative Hearings concerning this matter which disclose the identities of the persons referred to by number in the notice of hearing and supplemental notice of hearing herein shall not be accessible to the public.

4.         Respondent shall not personally be present in the deposition room during any depositions in this matter of the nine persons referred to by number in the Notice of Hearing and Supplemental Notice of Hearing.  During such depositions, Respondent may be present in a nearby room, so long as he is not visible to any deponent at any time before, during, or after the depositions.  A telephonic or intercom system may be arranged that will allow Respondent to listen to the depositions from the nearby room. During any such deposition, Respondent's counsel shall be given reasonable opportunity to consult with Respondent outside of the deposition room from time to time before the deposition is adjourned.

IT IS SO ORDERED.

 

Dated this

30th

day of

May

1997.

 

 

                                                                             

STEVE M. MIHALCHICK

Administrative Law Judge