Legal Question in Criminal Law in California

Theft of confidential patient treatment records

A private vendor (counselor) left position at our psychology practice and took confidential patient records with her. Records are legal documents and not to leave office where treatment occured. Counselor is aware of this and took them anyway.

Confronted counselor 30 days later when records where discoved missing. Counselor returned some of the records. Concerned about her actions--employer theft. There may be other things missing. She was being supervised outside of my practice (not by me).

Can I file theft charges with local police even though some of the files were returned?


Asked on 11/28/05, 6:22 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Theft of confidential patient treatment records

Of course you can. If returning a portion of what was stolen precluded a police report then thieves would always operate that way and would routinely get away with their crimes.

On a different note, you may be required to disclose to the affected patients (including those whose records were returned) what has happened. I don't know what the reporting requirements are in your field, but you should check with someone who does. If in doubt, consult an attorney who deals with regulatory issues for psychologists.

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Answered on 11/28/05, 6:57 pm


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