ORDERS:
ORDER AUTHORIZING RELEASE OF MEDICAL RECORDS
This matter comes before me pursuant to a Motion to Obtain Medical Records in the
above-referenced matter.
On January 24, 1997, a telephone conference was held to hear each party's position on the
Motion. Participating in the telephone conference were Ms. Angie Burnette, counsel for Charter
Charleston Behavioral Health system; Richard Simmons, staff counsel for S.C. Department of
Labor, Licensing, and Regulation; and Peter L. Hearn, Sr., counsel for Anonymous-Petitioner.
Pursuant to an agreement of the parties after consultation with the undersigned, counsel for
Charter Charleston Behavioral Health System agreed to provide the requested records with the
consent of staff counsel for the S.C. Department of Labor, Licensing and Regulation. These
records were requested by means of a Subpoena (hereby modified to Subpoena Duces Tecum),
which was issued by the Department of Labor, Licensing and Regulation pursuant to S.C. Code
Ann. §1-23-320(d). Counsel for Charter Charleston Behavioral Health System requested a Court
Order to protect the records under the South Carolina Privacy Laws. The requested records
relate to psychiatric treatment by the Petitioner and are not for the treatment of alcohol or drug
abuse. Accordingly, federal privacy regulations are not implicated.
Counsel for all parties agreed that the Subpoena Duces Tecum shall be for the records only and
not for personal appearance by an agent, employee, or representative of Charter Charleston
Behavioral Health System.
In no event shall the name or address of the individual whose records are the subject of this
Subpoena Duces Tecum be used in any fashion which may become part of a subsequent Order or
public document and the requested individual's name and address shall remain confidential in all
matters relating hereto.
This Order is issued pursuant to S.C. Code Ann. §40-47-210 (Supp. 1996), regarding subpoenas
issued by the State Board of Medical Examiners. The Order is further issued pursuant to S.C.
Code Ann. §1-23-630 (Supp. 1996), which gives an Administrative Law Judge the same power at
chambers or in open hearing as that of Circuit Court Judges.
IT IS THEREFORE ORDERED that the Charter Charleston Behavioral Health System submit a
certified copy of the requested medical records to the attorney for the Petitioner.
AND IT IS SO ORDERED.
_________________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
January 27, 1997 |
