As a person who received an independent medical examination from Underwager, S.K.H. is a client of Underwager. Second, the subpoena is sufficiently specific. Third, the investigation is for a proper purpose and the information sought is relevant to that purpose. Because the Board's investigation is for the purpose of determining whether Underwager violated the rules of conduct governing the practice of psychology, it is for a proper purpose. Underwager claims the investigation is being conducted to harass him.
Harassment is an improper purpose of an investigation.
However, there is no evidence in the record to support Underwager's claim. Further, the investigation is being conducted to determine whether Underwager violated the rule of conduct that requires the informed consent of a client before a diagnostic interview can be electronically recorded. The Board is requesting that Underwager produce the written informed consent of S.K.H. from her psychological sessions with him. This document is clearly relevant to the determination of whether Underwager violated the rules of conduct. Finally, the use of the subpoena power is reasonable and does not violate constitutional rights.