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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1688 SEPTEMBER TERM, 1998

SHADY GROVE PSYCHIATRIC GROUP v. STATE OF MARYLAND

Salmon, Kenney, Byrnes, JJ.

Opinion by Kenney, J.

Filed: September 8, 1999

Appellant, the Shady Grove Psychiatric Group ("Shady Grove"), appeals the order of the Circuit Court for Montgomery County, enforcing a subpoena issued by appellee, the State of Maryland (the "State"). Shady Grove raises two questions on appeal, which we

have rephrased and consolidated into one: Did the circuit court err by enforcing the subpoena? We shall answer in the affirmative and, therefore, reverse the judgment of the circuit court. FACTS Shady Grove is a mental health professional group consisting of one psychiatrist, three psychologists, and one psychiatric social worker that provides treatment to patients for "a wide range of mental illnesses and disorders." On June 8, 1998, the State, in apparently

its investigation of an unidentified "hate crime" that

occurred in the vicinity of Shady Grove's office, issued a subpoena to Shady Grove's custodian of records. relevant part, "Please provide a The subpoena stated, in of patients who had Need

list

appointments on 6/01/98 between 10:00 a.m. and 12:00 noon.

addresses, dates of birth, phone numbers, and appointment history from February 1 to the present." Shady Grove refused to provide

the information requested on the ground that it was shielded from disclosure under Md. Code (1982, 1994 Repl. Vol., 1998 Cum. Supp.),

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