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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Do I have to give my probation officer release to my medical

Customer Question

Do I have to give my probation officer release to my medical doctor. Not physicological My medical doctor! She wants a release to call him on the phone to inform him that I am on probation. Whatever happen to HEPA
Submitted: 8 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 8 years ago.
Thank you for using JustAnswer!

You may be mis-understanding why your probation officer is seeking a release concerning your medical doctor.

Why are you on probation and what is your medical doctor treating you for?
Customer: replied 8 years ago.
My medical history is extentsive I have had 38 major surgeries over the past 27 years, and looking at another one on the 15th of april. My interior is so re arrage the seriously need a map. They refused my husbands transfer oversea because of my medical. And even offered to make me a EFM and send me back to San Diego. I am allergic to Non Steriod anti inflamitories, I bleed internal and was hopitalised 4 times for it. There for I can not take like valtarn, arthritis medications. There for I am on narcotics. They changed they when I came up against my wishs because I was on fentanol patch to methodone. I am 100 against. But the fact is I can not eat, nor walk witout medication. Take my word for it I tried twice on my own. Went off for a few months each time only ending up with more medical problems. was told way before I was arrested 2 years ago I would never lead a normal life. Beable to get up with out pain from the surgeries without medication. I actually hate living like this! My probation was transfered up here from California 2 months ago. I have been on pain management for about 11 years with out medication I cant walk or eat. Because The Naval hospital here does the pain manangement and not an outside group she wants to call the doctor and tell him I am a drug addict. When the charge was for possion. I was not under the influinence. it was in the car. But, because the car was in my name Or actually my husband they charge me. I never had any drugs. The only reason I plead guilty was because my private attorney asked for 10,000 to get it over quicker so my husband could take his next orders. He never offer me to go to a public defender. I plead out to something I did not do. I realise that was wrong when he told me jail wasnt bad and they would take care of me. I was jump 3 times for not being one of them, and almost killed by the sheriff 2 time. I came to a point I never left my cell not even for food just to get through the 48 days I prayed every day I would not leave in a body bag like they threaten. I have to do a drug assement which is great I do one every day. but no where in my paper work does it say I have to give up my rights to medical. I know we made a mistake by pleading guilty to something I was not guilty of it was very bad advise. But this porbation officer keeps telling me she will be easier on me if I just admit to being a cocaine addict. I have never taken cocaine in my life. I made the mistake once just says yes to get it over with I am not going to admit to something I am not. I never even drank. She wants a release from me to call him and tell him I am a drug adict when I am drug tested by the hospital and them. My paper work states I am allowed to take my prescibe medications, nothing not prescribe. I gave her the release for physic fully. I am a mother of four 3 grown onw 10 year a house wife. I never even leave me home. But she threatens me weekly. I have to report ever week to her, and she tells me how to treat my husband, to lie to get employment. even though if I worked I can not lift over 25 lbs my right ankle was shattered, and my right hand was crush and partially amutated and is deformed. She told me I dont need to tell them I hasnband and I thought pleading guilty to somethin I did not do would put this behind us. I was arressted 2years ago And never had another situtaion since. They revoked my lisenses for one year my 19 yearold takes me every where I need to go. She will ask well how did you get here. I told her my son She says are you sure you did not drive. I said yes I stopped driving the day I gave my linceses to the baliff. She says yeah right. Can I ask for a change of Probation Officers? I cry all the time I cant eat I can not deal with here threat costanly. The guy before yesterday vilolated she patted him on his back and said dont worry will get you through this. Then she tell me in her next breath Dont think living in this state is a priviliage you dont deserve. I seriously cant do this anymore she is abusive. She sent my physic doctor my arrest sheet from chicago when I was in my twenty that where all dropped I was not charge for one thing. But she did not tell them that she sent it like it was a rap sheet. By the way none of it was for drugs!
Expert:  JB Umphrey replied 8 years ago.
You can ask for a new probation officer but it's not worth your time. Please understand that probation officers are trained to ask such questions because a lot of the defendants lie. Your probation officer truly has no interest in your personal medical condition. Any release for medical information would be to simply corroborate the reason for any positive drug screens.

It's up to you as to whether or not you want to give the release. If you don't give the release and you test positive, you're going to have a harder time justifying the medical reason because your probation officer is going to want corroboration.

Ultimately, the choice and any consequences are yours.

Best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 8 years ago.
I understand what your are sayin. But I give her copies of all my medicaton prescritions from both my doctors. I have autorized medications. She is threating me that she is going to call my personal doctor and tell him I am using him for drugs. That is not only imbarressing but I just want to know is it the law that I have to release my medical records to her. She told me if I did not next time she would put me in custody for not obeying her!
Expert:  JB Umphrey replied 8 years ago.
The reason that prescriptions are not sufficient for purposes of your PO is because prescription pads can be stolen and/or doctor signatures forged. Your PO wants to contact your doctor to confirm the validity of the prescriptions.
Customer: replied 8 years ago.
I really wish that was the only reason but to valid a presciption you dont need a medical release! She personally told me she is going to call him and tell him what kinda person I am and I am using him to get drugs even though I have been on these medications for 11 years. SHe is most deffintly intersted in my personal medical records! Is it legal that all I want to know I thought you had to have a court order for that or have it ordered by the judge? to violate patient doctor cofidentiality? What is HEPA FOR?
Expert:  JB Umphrey replied 8 years ago.
For your doctor to communicate with your probation officer, a medical release is necessary (this is isn't a situation where a pharmacist is calling to confirm an order).

A court order is not necessary where there is voluntary consent (e.g., your signing a release).

I highly doubt that the court will go through the work of issuing an order. If you don't want to release your records, then, anytime you test positive, it will be presumed that you didn't have a valid prescription and then it will be YOUR burden to show that your prescriptions are valid and you'll have to bring your doctor to court to testify.

Again, it's your choice. I know that it's not the answer you want to hear. HIPPA prevents your doctor from flapping the jaws the just anyone about your medical information.
Customer: replied 8 years ago.
Oh I answer the wrong one (email). I did accept but my computer was getting knocked off. I thought it went though I will do it again. I did find out the complete answer. She is not intitled to my personal medical records unless order by the Judge in court, or if I violet my probation. Which I have not done, and she still does not have the right. I did call for a change of probation officers. Because she makes alot of personal remarks to me about my marriage, and other things. And, has told me to lie to obtain employment, and to admit to something I have not do and dont do. It is metally tolling on me to a point I cry for 2 days afterwards. And she is making me go once a week for a first time offender at ther age of 47! Something is not right upstairs in her haed! So thank you sorry it did not go through. Let me know if you still have a problem
Expert:  JB Umphrey replied 8 years ago.
There has not been an accept on this question/answer. Best wishes.