ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, Petitioner South Carolina Department of Labor, Licensing and
Regulation, State Board of Nursing for South Carolina (Board), seeks an order from this tribunal
requiring Respondent Institute of Psychiatry of the Medical University of South Carolina (Institute)
to produce documentation and provide testimony in compliance with a subpoena duces tecum issued
by the Board on November 18, 2003. The Board issued the subpoena in question to obtain medical
records and other information pertaining to the Institute’s treatment of a nurse under investigation
by the Board for professional misconduct. The Institute did not comply with the Board’s subpoena,
arguing that, under federal law, it cannot release the medical records sought by the Board unless the
release is authorized by the patient or ordered by a court of competent jurisdiction. However, by a
letter dated October 13, 2004, the Institute informed the Board that it had received authorization to
disclose the patient records requested by the Board from the nurse under investigation, and that a
court order requiring such disclosure would no longer be necessary. (Letter from Drachman to
Cartledge of Oct. 13, 2004, at 1.) The Board forwarded this letter to this tribunal on October 26,
2004. Therefore, as the Institute has now stated that it will comply with the subpoena issued by the
Board, there are no justiciable issues remaining in controversy in this matter, and
IT IS THEREFORE ORDERED that the above-captioned case is hereby DISMISSED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
October 28, 2004
Columbia, South Carolina |
