Subpoena for MRO notes

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DrCRZ
Posts: 15
Joined: Fri Nov 01, 2019 11:18 am

Subpoena for MRO notes

Post by DrCRZ » Wed Jul 22, 2020 11:19 am

This came up at a conversation with other MROs. Can our MRO notes be subpoenaed? What records are we allowed to provide to a plaintiff attorney by law?



Robert Swotinsky MD
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Re: Subpoena for MRO notes

Post by Robert Swotinsky MD » Thu Jul 23, 2020 2:05 pm

First, if you have reasonable access to an attorney, ask the attorney to check if the subpoena is valid. You may also ask the attorney for advice about releasing the records.

In general, donors DO have access to MRO notes upon request, as they would also have access to medical records. That means the donor needs to sign a release form or whatever else your organization uses for requests, and if the organization charges a fee to cover costs of the response, the donor pays that, too. Allowing donors (and their attorneys) to see their results in writing can satisfy questions they may have about the results. It's one thing to get a phone call from a stranger (the MRO) saying you tested positive. It's probably more convincing to have a set of records with your name on it and laboratory printout saying you tested positive.

Consider this excerpt from the DOT rule:
§ 40.329 What information must laboratories, MROs, and other service agents release to employees?
(a) As an MRO or service agent you must provide, within 10 business days of receiving a written request from an employee, copies of any records pertaining to the employee's use of alcohol and/or drugs, including records of the employee's DOT-mandated drug and/or alcohol tests. You may charge no more than the cost of preparation and reproduction for copies of these records.

DrCRZ
Posts: 15
Joined: Fri Nov 01, 2019 11:18 am

Re: Subpoena for MRO notes

Post by DrCRZ » Mon Aug 17, 2020 3:59 pm

Thanks Dr. Swotinsky.

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