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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33926
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am on probation i. cohnty tx ia it requorrd by law to

Customer Question

I am on probation i. Walker cohnty tx ia it requorrd by law to allow my po aceas to my medical records if i have provided my pharmaxey transcripta and sgown my peescriptions they are accuaing me of drug abuae and i can rest assure to you i am clean and sobber i was on a provation in conroe tx at the same time last year i failes one teat for conroe due to merh use i was battling cancwr at thw time and made a poor decision that i woyld never allow again but bow they teatwd me and i failed for mdma exstacey and the oxy window i saw the test and there were possiable ghost lines i. All the windows there would not allow me to have a pic of tthe tox screen either i am not on probation for a drug or alxhol offense also i was achesuled to atarg a new ho. As a overbight med tech and they told me i wad bot allowed to take the job and said that then would call the facilty and tell tjem i was a junkue my rx arw as follows adderall 20 mg two timw a day i was also o. Tylenol 3 for pain my rx was 30 tablets and after 56 days i still have some left and took them for dental pain and now they arw accusing me of rx abuse beababuse i wennt to a urgebt care at firat thwb a week dollowibg i went to the hospital because ir was getting worse after the urgent care advised me to do so i did not fill the rx the hosputal gave me for pain seeibg aa i didbt need rhem at the time amd the pharmisct said that if i took both if as a alternativin e rotatibg them baxk and fourth she adviaed me not accoedibg to the pharmacist it could cauae a severe reaction and so i have been in shoch i went to my pribation officer who failed my UA i took two at homes with in the hour time wibdow and negative for both alleged drugs. I then. Brought my rx bag of anygthing i could have possiable took for the false osaav anygthing showed the unfilled rx and got more scrutiny they have been ao nasty too me i want to withdrawl my mesical records release form will i get in more trouvle
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Do i have to grant them aceas to medical rwcorda or cab i withdrawl my consent they are making my life a livibg hell for no reason i was presentes with a good job oppertunity and they told me they woyld call the facilty and tell them i was drug addixt i have no drug convoctions ever
JA: Have you talked to a lawyer yet?
Customer: No not yet They want me to do IOP and thats not right i am clean
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Its huntsville tx
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 year ago.

If you are on probation then you have to allow them access to any records they are asking for or they will file a Motion to Revoke Probation.

When you are first put on probation in Texas you sign an agreement with the probation office that you will cooperate with their requests. The failure to do so will result in them filing the motion.

In addition, they can get your records without your cooperation if you don't grant it. HIPAA has an exemption for law enforcement that allows a subpoena to be issued for medical records for any type of investigation, including probation, so your failure to cooperate is just going to cause you additional trouble and won't prevent them from getting the records.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 year ago.
Okay do i have to grant them acess to my mesical rrecords after the situation at hand i sont want them to stay out my personal buaineas now i have provided proof of rx transcripts and proof of rx and quanity they are threating to call my doctor and inaaccurate drug test they sent it to a lab for durthwr teatung i am afraud i disnt procide with a large eboygh sample i had a UA and Yeast unfection uranatuld not uranate but a few drops i have a family to auppirt my huaband is disabled as well and i have not done any drugs bor will be accuaed of them.
Expert:  Dwayne B. replied 1 year ago.

As I said above, if you don't agree to allow them access they are going to file to revoke your probation and they can get the records anyway. Your permission isn't required to get the records, they can do so by having the DA issue a subpoena.