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I am an attorney with 30 years of experience, including 18 years directly related to the regulation of health care practitioners. I hope to provide you information that will help you in resolving your question.
Under Virginia Code § 32.1-127.1:03 medical records are the “property of the provider maintaining them”. Under the law the patient has a right of privacy in the content of a patient’s medical record. The practitioner responsible for ensuring that the patient’s records are only released in accordance with law.
As such you may not release the husband's records to the wife absent written consent or a court Order. In this instance please note that a subpoena alone may not be sufficient because subpoena's are not issue by the Court, but by the attorney. If you receive a subpoena you should respond by filing a motion to quash go to the hearing and have the judge issue you an Order. Otherwise you risk discipline by your Board. (This scenario has occurred in other states).
Here are links to the law:
This link also has useful information on this issue:
You can also seek guidance from your licensing Board:
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