recognizing the roots of the right to privacy in mental 4Forexample, Cashen’s access to the records obtained in this case would presumably violate Iowa Code section 228.2, as the disclosure of the records to Cashen’s private detective does not appear to qualify under any of the five listed exceptions stated in section 228.2(1). Furthermore, under this record, there is no evidence that the custodians of Doe’s medical records complied with the mandatory procedures associated with disclosure. See Iowa Code § 228.2 (2). 22 health records
How later courts described this case
- recognizing the roots of the right to privacy in mental 4Forexample, Cashen’s access to the records obtained in this case would presumably violate Iowa Code section 228.2, as the disclosure of the records to Cashen’s private detective does not appear to qualify under any of the five listed exceptions stated in section 228.2(1). Furthermore, under this record, there is no evidence that the custodians of Doe’s medical records complied with the mandatory procedures associated with disclosure. See Iowa Code § 228.2 (2). 22 health records
- recognizing a constitutional right of privacy in mental health records
- recognizing the roots of the right to privacy in mental health records
- “[T]he majority of [courts] hold that the right of privacy should extend to the patient records of mental health professionals.... We join those courts that extend constitutional protection to such records.”
Written by the judges who cited it.
The opinion
CARTER, Justice
(dissenting).
Without either adopting or rejecting the propositions made in the dissent of Snell, J., I would hold, purely as a matter of statutory interpretation, that in enacting section 258A.6 the legislature did not intend to allow the Board to subpoena patient records of a health care professional not under investigation in connection with a disciplinary proceeding.