Friday, July 2, 2021

Can Probation Officers Force Clients to Release Medical Records?

 

https://www.avvo.com/attorneys/53548-wi-jay-nixon-1529181/answers.html

Do I have to give release of my medical procedure to my probation office if they requested me to sign

I don't feel comfortable signing release of medical to my PO.

Medical records access could be important for monitoring treatment compliance, often ordered when there is a mental health or addiction issues arise. Although your lawyer could possibly set up a review before your sentencing judge for a clarification, read over your rules of probation carefully.

You should also pick your battles carefully with your PO, since he or she will be deciding your future, which could either be as a free person as an inmate if you are revoked.  Of course, yet another option is the reject probation and face the consequences revocation.  If those were already determined in an “imposed but stayed” sentence, you will know precisely where you are headed, but if no specific sentence is mentioned, you would go back in front of your judge, who might assume the worst as to your reasons for refusing to release your records, i.e., that you may have gone back to using drugs or alcohol.  Although you would probably lose, a sentencing after revocation would present you with the option to get back in front of the judge to argue whether or not you have a right to refuse to sign the medical records release.

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