Legal Question in Criminal Law in Indiana
medical privacy
is there any to prevent a hospital from giving out the medical records of a minor to law enforcement personel, [these records being released could be detrimental to the patients mental health] ?
2 Answers from Attorneys
Law against rtelease of medical records
There is a federal law which prohibits releaseof medical records pertaining to treatment forsubstance abuse without the patient's permission.
As to state laws, you need to consult anattorney in your own state or go to http://www.lawguru.com and search the laws ofyour state from that URL. I am not licensedto practice in Indiana.
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If the govt wants them, they'll find a way to get medical records
In Mass, if the substance tests were performed for diagnosis and treatment, the records will be made available.If they were ordered by the police to be taken , they would not -- supposedly -- be available.But if any human is brought to a hospital after, for instance, a car crash, the hospital will routinely take the specimens in order to learn what it is that is in the patient's body . . . obviously as a safeguard against giving medication that would be harmful in combination with a substance already inngested.But check the law in your atate with a local atty. It may be different there than in Mass, my state!Good luck.
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