OAH 3-0906-21708-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE BOARD OF PHARMACY

 

In the Matter of Michael McEachran, R.Ph., License No. 115045

PROTECTIVE ORDER

 

 

          This matter came before Administrative Law Judge Kathleen D. Sheehy, pursuant to a Notice and Order for Prehearing Conference and Hearing from the Complaint Review Panel (Review Panel) of the Minnesota Board of Pharmacy (Board).

 

          Karen B. Andrews, Assistant Attorney General, appeared for the Review Panel.  Michael McEachran, R.Ph. (Respondent) appeared without counsel.

 

          The Respondent’s licensing file contains material about the Respondent, patients, or persons who have complained about the Respondent, which the Review Panel contends is confidential and not public information.  The Respondent needs to review this material in order to prepare for hearing in this matter.  Because the benefit to the Respondent outweighs any harm to the confidentiality interests of the Board, or of any person who has provided data or who is the subject of the data, or to the privacy interest of an individual identified in the data, it is hereby ordered pursuant to Minn. Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, and Minn. R. 1400.6700, subp. 4, that:

 

1.              In all pleadings and the Administrative Law Judge’s orders and reports related to this matter, any patient and complainant identities shall be protected by referring to such individuals by number or initials only.  “Pleadings” include but are not limited to the Notice and Order for Hearing, motions, and responses to motions.

 

2.              The Review Panel shall produce the licensing documents and information requested by Respondent in the discovery process without redaction notwithstanding the fact that such documents and information contain data classified as private or confidential pursuant to Minn. Stat. § 13.41, subject to the restrictions set forth below:

 

a.              Except as may be required by law or district court order, all not public documents and information relating to this matter shall be used solely in connection with the above-entitled proceeding and shall not be disclosed by either party outside this proceeding.  When such data are disclosed in the course of this proceeding, the parties shall refer to individuals by number or initials.

 

b.              Not public data shall not be disclosed by either party during the course of trial preparation except to the following persons:  (1)  The parties, the parties’ counsel, and such employees of the parties’ counsel who assist in the above-captioned proceeding, all of whom are bound by the terms of this Protective Order; (2) Independent experts or consultants working with the parties’ counsel who agree to be bound by the terms of this Protective Order; (3) Other persons, including witnesses and deponents, as necessary to adequately conduct this litigation, provided that such persons agree in writing or on the record to be bound by the terms of this Protective Order and not disclose any not public data outside this proceeding;

 

c.              Respondent, or if Respondent is represented by counsel, Respondent’s counsel shall maintain in his or her possession any and all copies of the documents and information produced pursuant to this Protective Order and shall return all such copies to the Review Panel’s counsel at the close of this proceeding;

 

d.              Paragraph 2 of the Protective Order covers pretrial preparation and submissions to the Office of Administrative Hearings but does not cover evidence to be offered at the hearing, which will be subject to the rulings of the Administrative Law Judge pursuant to applicable rules of evidence.

 

          3.        This Order only governs data in which Respondent is a subject of the data or in which an alleged patient referenced in the pleadings is a subject of the data.  This Order does not require the Review Panel to produce private or confidential data regarding other subjects or privileged materials.

 

          4.        If the Review Panel objects to producing information or documents on such grounds, Respondent may seek production of the information or documents through a motion before the Administrative Law Judge pursuant to Minn. R. 1400.6600 and other applicable Minnesota law.

 

Dated:  January 3, 2011

                                                                      s/Kathleen D. Sheehy

                                                                      _______________________

                                                                      KATHLEEN D. SHEEHY

                                                                      Administrative Law Judge