Illegal and in violation of HIPPA Act of 1996 privacy regulations. This doctor should decline the request.
This is egregious by the board. The physicians should lawyer up as if this is heading toward a disciplinary hearing the accused has a right to counsel. I hope the physicians fight this tooth and nail as although I might disagree with the treatment plan there is sufficient evidence to support off label use as a try.
The one thing I would encourage for understanding however is that this is not a violation of HIPAA. A regulatory boosts s demand the information and it is stated in hipaa law that compliance with a subpoena or request of regulatory agencies is not a violation.
This is however where a good physician plaintiff could be made and I with the physicians and their lawyers happy hunting with litigation.
This action does not violate HIPPA. The act specifically allows this and other transfers of information.