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.