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    ashaffer3443's Avatar
    ashaffer3443 Posts: 1, Reputation: 1
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    #1

    May 16, 2011, 05:21 PM
    Need to know if agent of the court can compel me to sign a medical record release for
    I was convicted of a DWI in the state of Maryland last year. Instead of sentencing me the judge has postponed sentencing me for the past 6 months or longer. He has ordered me to see a psychiatrist and be drug tested by him. I was informed by the psychiatrist that I have to sign a medical release for him to discuss my health information with my Dr..
    Now, I have no problem taking the drug tests and proving that any drug I have taken has been prescribed by my Dr. but, I don't feel at all comfortable around this psychiatrist and don't want him discussing my health record with my Dr..
    So can I refuse to sign the medical release request or is this going to be ammunition for the judge to sentence me to jail for refusing?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 16, 2011, 05:39 PM

    The judge can not only do that... he can also sentence you for contempt of court if you were ordered to do it by the court. It's a lose - lose situation. Its in your interest to do as told and get it behind you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 16, 2011, 05:57 PM

    The court can

    1. merely issue a order for the doctor records against your consent if they wish.

    2. the Judge can order you to sign the paper? Has he not already in the first program

    3. or he can merely ( and this is my guess to what he will do) merely find you not in compliance with his first order and just sentence you to jail.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    May 16, 2011, 05:59 PM
    Quote Originally Posted by ashaffer3443 View Post
    I was informed by the psychiatrist that I have to sign a medical release for him to discuss my health information with my Dr..
    Hello a:

    The release itself is evidence that you have a RIGHT to keep your medical information PRIVATE. If the court feels it needs to consult with your private physician, or needs your records, they have they means to subpoena the records. I would NOT sign the release.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    May 16, 2011, 06:49 PM
    Quote Originally Posted by ashaffer3443 View Post
    ... So can I refuse to sign the medical release request or is this going to be ammunition for the judge to sentence me to jail for refusing?
    I don't read anywhere in your question that the court has ordered you to sign the release.

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