Iowa licensing board loses legal fight over subpoenaed patient records – Iowa Capital Dispatch

An Iowa decide has quashed a state licensing board’s subpoena for a counseling middle’s billing information.

The Iowa Board of Behavioral Science issued a subpoena final spring, geared toward Ardent Counseling Heart in Fairfield. The board’s investigator wished the contact info and billing information for six named sufferers as a part of an investigation into an unspecified particular person who was licensed by the board and employed by Ardent.

Ardent took the matter to an administrative legislation decide and filed a movement to quash the subpoena, arguing that billing information and the contact info of sufferers ought to be thought of psychological well being information which are afforded a better stage of safety from disclosure than different forms of medical information.

In June, Administrative Regulation Decide Carla Hamborg sided with board and denied the middle’s movement, ordering Ardent to provide the information inside 14 days. In her ruling, Hamborg said the requested paperwork weren’t psychological well being information and so the board was not topic to sure requirements in demanding their disclosure.

Ardent appealed that ruling to Iowa District Courtroom, which resulted in a latest resolution by District Decide Heather Lauber siding with the counseling middle.

Citing a earlier Iowa Supreme Courtroom ruling that claims sufferers have an curiosity in retaining secret not simply the main points of their psychological well being remedy, but additionally their resolution to hunt such remedy, Lauber discovered that even billing information, which might verify a person’s standing as a affected person, are to be thought of psychological well being information.

Lauber said that this discovering, by itself, didn’t prohibit the board from acquiring the requested information by a lawfully issued subpoena, noting that there was “little doubt that there’s a public curiosity in regulated psychological well being professionals.”

Nevertheless, Lauber famous, earlier than subpoenaing such information, the board is required by an administrative rule to a minimum of make an try to contact the people whose information are being sought. If a routine seek for these sufferers proves to be unsuccessful, she dominated, the board can then attest to that truth and problem a brand new subpoena.

“Within the age of Google, the board can try to find and make contact with the required people,” Lauber said in her ruling. “The rule solely requires the board try to contact the people.”

The court docket information don’t point out which of the licensed counselors employed by Ardent’s Fairfield workplace is the topic of board scrutiny.

One of many middle’s present-day counselors, Angela Andeway of Fairfield, was the topic of a 2020 disciplinary order by the board. That order was based mostly on findings that Andeway had offered remedy to a consumer for roughly two years whereas failing “to ascertain and keep applicable boundaries” with the consumer. Andeway, the board alleged, “continued to offer remedy to the consumer when the consumer ought to have been referred to a different supplier.”

Andeway’s license was positioned on probation for 2 years and he or she was ordered to finish 10 hours of constant schooling associated to skilled boundaries.