Licensed Clinical Professional Counselor Accused of Failure to Return Patient Mental Health Records Despite Court Order and a HIPPA Violation

In this matter our client was accused by her husband during a divorce proceeding of using his mental health evaluation against him in their child’s custody hearing without his authority. Our client’s husband alleged that she took his records from another provider in her practice who counseled him without his knowledge and used the records as evidence in the proceedings. We were able to establish with the board at her disciplinary conference that the records were given to our client by her husband and not taken and that she gave them to her attorney who made full disclosure to his attorney prior to being used in the proceeding. This matter was closed with no discipline.