Legal Question in Criminal Law in California
is it a violation of a restraining order if the restrained spouse seeks and recieves mental health records, and distributes that record to third parties?
1 Answer from Attorneys
Sounds like it may be more of a HIPAA violation by the person/people that provided the restrained spouse with another person's medical records. These are only allowed to be provided and discussed with the patient themselves; this is Federal Law and violations carry very stiff penalties. Not sure of the liability for the spouse, will have to look into it, but I'm fairly certain the provider of the records has jumped out of the ketle and into the fire.
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