Case Result: Paramedic Who Entered Diversion Program Had No Duty to Report to DOH Afterward

Professional:
Paramedic

Primary issue:
In May 2017, our client, a paramedic, was charged with criminal mischief ($1,000 or greater). He was involuntarily committed reportedly for psychosis resulting from the use of LSD. He entered a diversion program for the criminal charges, which were subsequently dismissed in September 2018.

In 2018, over a year after the incident, he went to see a psychiatrist to obtain his regular prescription to treat his ADHD. During the course of his examination, he disclosed to the psychiatric nurse practitioner that he had been involuntarily committed the year prior. The nurse practitioner submitted his entire medical record to the Department of Health (DOH), which initiated an investigation.

Argument:
The attorneys at Chapman Law Group responded to the DOH’s initial investigation and investigative file, stating that because the criminal charges against our client had been dropped, he had no duty to report to the DOH. In addition, we argued, because his involuntary commitment occurred more than a year prior, there was insufficient evidence to show that our client was currently impaired.

For these reasons, we contended, the nurse practitioner violated both state and federal privacy laws when she divulged her patient’s medical records to the DOH.

Result:
The Probable Cause Panel considered the responses submitted by Chapman Law Group and dismissed the case against our client.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Substance Abuse Matters
Administrative Hearings and Complaints
Professionals Resource Network (PRN)

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.