• Facebook
  • Youtube
  • Instagram
  • LinkedIn
Call us now: (602) 344 9865
Chelle Law
  • Home
  • Arizona Medical Records Subpoena Attorney
    • Arizona Medical Records Subpoena
      • Does HIPAA Protect Against Subpoenas in Arizona?
      • How Much Can You Charge for Reproduction of an Arizona Medical Record?
      • How to Respond to an Arizona Medical Records Subpoena
      • Purpose of Issuing a Subpoena for Medical Records in Arizona?
      • What is the Arizona Statute for a Medical Records Subpoena?
    • Arizona Medical Records Subpoena from a Board
      • Behavioral Health Professional Response to an Arizona Medical Records Subpoena
      • Nurse Practitioner Response to an Arizona Medical Records Subpoena
      • Psychiatrist Response to an Arizona Medical Records Subpoena
      • Psychologist Response to an Arizona Medical Records Subpoena
      • Responding to an Arizona Licensing Board Subpoena
    • Arizona Medical Records Subpoena in Arizona Civil Actions
      • Are Medical Records Confidential in an Arizona Child Custody Case?
      • Are Medical Records Confidential in an Arizona Divorce Case?
      • Can Medical Records be Subpoenaed in Arizona Child Custody Cases?
      • Can Medical Records be Subpoenaed in Arizona Divorce Cases?
    • Objecting to an Arizona Medical Records Subpoena
    • Subpoena From Arizona Health Regulatory Board
      • Do You Have to Respond to an Arizona Board Subpoena?
      • Responding to an Arizona Behavioral Health Board Subpoena
      • Responding to an Arizona Medical Board Subpoena
      • Responding to an Arizona Nursing Board Subpoena
      • Responding to an Arizona Psychology Board Subpoena | Psychologist Respond
      • Who Can Be Served a Subpoena by an Arizona Licensing Board?
  • Our Attorneys
  • Results
  • Contact Us
  • Search
  • Menu Menu

Responding to an Arizona Psychology Board Subpoena | Psychologist Respond

How should you respond to a medical record subpoena from the Arizona Psychology Board? Arizona Healthcare Regulatory Boards in Arizona are given statutory authority to request medical records and they will do so from facilities for patients that have filed complaints, or if a psychologist is self-employed and is the custodian of the medical records, then the psych board could send the request for the medical records via subpoena as well. So, let’s talk about what makes the subpoena enforceable, and then what happens if either facility or a psychologist, I guess determines, I’m just not going to respond to the subpoena at all. First, if you are a licensed psychologist in Arizona and you receive a medical record subpoena from the psych board, you’re going to have to respond for several reasons.

Respond to Psychology Board Medical Records Subpoena

One, if you don’t respond to the subpoena, that could be grounds for disciplinary action. Two, if someone has filed a complaint against you or perhaps, they didn’t file it against you, but you’re somehow involved in an ancillary manner, not providing the record to the board, once again, could be grounds for disciplinary action. The board has complete power over your license and not cooperating, failing to respond, or any of that thing is generally a bad idea. Now, if you are in a psych facility, that’s a little bit different. Normally, during an investigation involving patient care, there are a lot of behavioral complaints, substance abuse, and that type of thing. But if this is about patient care and there is a medical record involved, the psych board will send out facilities subpoenas for medical records for patients.

And once again, the board does have the authority to request those medical records via subpoena. Now, what happens if a facility just says, we’re just not responding, we’re not sending it? Well, generally in my experience, what will happen is the board will send out a second request, perhaps a third request if there’s no response. And then after that, they generally will just move on in the investigation without the medical records. They could theoretically go to a court and try to get an order to enforce the subpoena, but I find that generally just doesn’t happen at the regulatory board level in Arizona.

I’ve never seen a board go to that length to enforce a subpoena. I’m not saying it couldn’t happen, but generally, if the facility doesn’t respond, at some point, the investigation will just move on without the records. Now, whether this hurts or helps, let’s just say a complaint is filed against a psychologist and the chart would be very helpful to defend the psychologist. If a psychologist is employed with an organization, the psychologist, even though they are the one providing the care, they’re not the custodian of the records, meaning it’s not their record to own, manage or do anything with. Obviously, they must comply with the requirements of having complete documentation. But as far as the actual record itself, if you’re an employee, the employer is the custodian of the record, and it’s their record to send.

How Should You Respond to a Subpoena from the Arizona Psychology Board?

Subpoena for a Psychologist’s Information or Employment File 

So, if you’re a psychologist and your organization for whatever reason is refusing to send the medical record to the board, then you need to have a frank discussion with them and let them know, look, them having this record is going to be an extraordinary help to my defense, and if you don’t send this, it could cause problems for me. I would absolutely have a discussion with them and make certain that they are sending the record if it is their duty to do so. As I said before, if you’re a psychologist and you’re the custodian of a record, and then you just flat out ignore the board, you will likely run into some problems down the road. So, responding to a psych board subpoena is simple. They have the authority to request medical records. Now, if they request employment files and that type of thing, depending upon who it’s sent to, either the psychologist or the facility, there’s a little more, I guess, gray area as far as that goes.

Because what will happen is the psych board will send a medical records request to the facility, but they will also request the employment file of the psychologist involved with that psychologist as an employee. They’re going to look for the application, and then, more importantly, any disciplinary history. So, corrective action, verbal coaching, counseling, and any reports that may back up what the complaint was initially for is something that they’re going to want.

Health Professional Regulatory Board and Medical Records Subpoena

A medical records subpoena is a formal request by the court through a judge, an attorney, or any other legal authority that demands medical records from a physician. The ultimate objective of requesting such details is to use them for investigative purposes in a court proceeding. These records can prove or disapprove an essential aspect in the court. That’s why a judge might consider requesting medical records in civil actions such as:

  • Workers’ compensation
  • Personal injury cases

Also, a professional medical board might demand medical records to investigate a medical professional for negligence or any other medical malpractice. This has been a common trend and has unearthed multiple issues that medical professionals have found wanting. Some of the main reasons why a professional health body might request medical records for investigation include the following:

  • Medical negligence
  • Patient misdiagnosis
  • Wrong medical prescription
  • Medical malpractice

Work with an Experienced Arizona Defense Attorney

Over the years, medical practitioners have been subjected to extreme scrutiny by the Health Professional Regulatory Board (32-3201). Most of them don’t know how they can respond, especially when subjected to medical records requests through subpoenas.

As a physician working in Arizona, you must work with an experienced Arizona defense attorney. It’s the only way you’ll be able to protect your rights and ensure that medical records are not used to subject you and your career to unfair treatment.

At Chelle Law, we have experienced defense attorneys ready to listen to your concerns. 

Call Us Now: 602.344.9865

Contact Us

If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

Links of Interest

  • Home
  • Arizona Medical Records Subpoena Attorney
    • Arizona Medical Records Subpoena
    • Arizona Medical Records Subpoena from a Board
    • Arizona Medical Records Subpoena in Arizona Civil Actions
    • Objecting to an Arizona Medical Records Subpoena
    • Subpoena From Arizona Health Regulatory Board
Google
Based on 174 reviews
Destinee Hamlet
Destinee Hamlet
2023-01-31
Everyone was very helpful and professional. Felicia answered all my questions and made the process super easy and stress free.
Gabriela Martinez
Gabriela Martinez
2023-01-29
Definitely recommend! I’m a nurse practitioner and was able to renegotiate my contract with the help of Chelle Law. The outcomes were above expectations.
Linda Price
Linda Price
2023-01-27
I placed my trust in Chelle Law to handle my issue with the State Board of Nursing and they did not disappoint. Service was professional and courteous. I could not have asked for a better outcome. I highly recommend this firm!
Anni R
Anni R
2023-01-25
I had a great experience with Chelle Law. I’m so glad I found them and hired their services. Their communication was on point 👌 they’re very professional, always kept me updated, always returned my calls and emails in a timely manner. They’re compassionate and understanding of every situation. I would 100% use them again and refer them to anyone.
Chin Kim
Chin Kim
2023-01-24
Great hep overall. Fast response and even it was an hour review, the attorney stayed on the phone longer to answer all my questions.
Amelia
Amelia
2023-01-20
Booking the consultation was easy and I got all my questions answered! Excellent customer service.
Steven Yang
Steven Yang
2023-01-18
I am a veterinarian about 3 years+ out from school changing jobs for the first time since graduating . The idea of needing to closely review a contract was foreign to me and I honestly had no idea what I would be signing . Luckily I found Chelle law and worked with Erin who put all my worries at ease . She took the time and even went over our scheduled time slot to review / translate every section of my contract and make valuable suggestions that I could bring up to my future employer. Throughout our discussion it was clear to me that Chelle law is very familiar with the intricacies of a veterinary contract and what it typically should entail. I was very pleased with my experience .
Tiffany Efantis
Tiffany Efantis
2023-01-11
I used Chelle law for a non-compete clause review. I was referred to them by a friend. They were helpful, quick, and affordable for what I needed. I will definitely use them again for any employment contract review in the future!
Nicholas Peracchio
Nicholas Peracchio
2022-12-13
Erin was so thorough with my contract I felt extremely confident in my negotiations and ended up getting everything I wanted and more! I can’t recommend her enough. She took her time and made sure I understood everything I was signing and did so with a kind and caring demeanor. Thanks so much Erin!!
Seth Bricel
Seth Bricel
2022-12-13
I needed a lawyer to review my partnership contract and Chelle Law provided a great experience at a fair price. My lawyer thoroughly explained the meaning of the contract in terms I could understand and provided valuable perspective as to which parts were normal and which parts were atypical or in need of modification. Thanks to their help, I've reached a contract that I and my partners are very happy with!

Call Us Today!

602.344.9865

Hours/Office

Monday-Friday: 8:00am-5:00pm (MST/MDT)

Chelle Law 5425 E. Bell Rd, Ste 107

Scottsdale, AZ 85254

Contact Us Today!

5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

Practice Areas

  • Professional Licensing Board Defense
  • Medical Contract Lawyer
  • Administrative Appeals & Hearings
  • Medical Contract Drafting
  • Fingerprint Card Attorney

Office Locations

  • Arizona
  • Indiana

Company

  • Robert S. Chelle, Esq. Founder & CEO
  • Sara Stark, Esq. Attorney
  • Renee Osipov, Esq. Attorney
  • Erin Howlett, Esq. Attorney

Resources

  • Blog
  • Contact Us
  • Sitemap

Follow Us

© 2022 Chelle Law. All rights reserved.  Disclaimer & Terms of Use.  Privacy Policy.

Scroll to top

How Much PTO Should a Physician Get Download



How Much PTO Should a Physician Get?

4 Factors to Consider with PTO

How Much Does Tail Insurance Cost Download

How Much Does Tail Insurance Cost for a Physician?

4 Key Aspects of Tail Insurance for Physicians

Physician Contract Review Checklist

Where Should We Send the Physician Contract Checklist?

28 Essential Physician Contract Terms to Put You in a Positive Financial Situation for Years to Come.