When a practitioner receives a subpoena for records, which action is required?

• A. Refuse to provide any records to avoid privacy issues.
• B. Provide records only after obtaining patient's consent.
• C. Provide records as required by law; protect confidential information; consult legal counsel if necessary; ensure chain of custody and accurate records.
• D. Delay providing records until the board requests them.

Answer: (C)

When a subpoena for records arrives, you must respond in a way that follows the law while protecting confidential information. The best approach is to provide the records as required by law, but only to the extent permitted, and to do so with proper safeguards. This means reviewing the subpoena to confirm its scope, redacting or limiting disclosure of information not needed or protected, and ensuring you release only what the subpoena allows. If there’s any doubt about what can be disclosed, privilege, or special protections, consult legal counsel to avoid inadvertent disclosure or noncompliance. It’s also essential to maintain chain of custody and document what was released, when, and to whom, so the process is accurate and defensible. Delaying, refusing, or requiring patient consent as a baseline are not appropriate responses to a valid subpoena; those would not meet legal obligations or timeliness.