McMaster v. Iowa Board of Psychology Examiners

509 N.W.2d 754, 1993 Iowa Sup. LEXIS 277, 1993 WL 527312
CourtSupreme Court of Iowa
DecidedDecember 22, 1993
Docket92-1904
StatusPublished
Cited by29 cases

This text of 509 N.W.2d 754 (McMaster v. Iowa Board of Psychology Examiners) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McMaster v. Iowa Board of Psychology Examiners, 509 N.W.2d 754, 1993 Iowa Sup. LEXIS 277, 1993 WL 527312 (iowa 1993).

Opinions

LAVORATO, Justice.

The Iowa board of psychology examiners subpoenaed the records of a patient from a psychologist who was not under investigation. The patient had previously been a patient of a psychologist whom the board was investigating. The district court entered an order enforcing the subpoena pursuant to Iowa Code section 258A.6 (1991). (Iowa [756]*756Code chapter 258A (1991) has been transferred to chapter 272C of the 1993 Iowa Code.) In challenging the order, the patient raises three questions for us to decide. First, does the mental health professional-patient privilege under Iowa Code section 622.10 bar disclosure? Second, does section 258A.6 authorize the board to subpoena a mental health professional’s medical records pertaining to a patient where the professional is not under investigation? Third, would disclosure violate the patient’s right of privacy?

We hold that section 622.10 does not bar disclosure. In addition, we hold that section 258A.6 is broad enough to reach the records in the possession of the psychologist not under investigation. We reverse and remand on the right of privacy question to allow the board to make a showing that its need for the records substantially outweighs the patient’s right to privacy.

I. Background Facts and Proceedings.

Marsha McMaster sought the professional services of psychologist Todd Hines. Eventually they married. At this point Marsha engaged psychologist Susan Guenther as her personal counselor. Both Todd and Susan are licensed to practice psychology in this state.

The Iowa board of psychology examiners received a complaint regarding Todd Hines. The gist of the complaint concerned some alleged conduct between Todd and Marsha during their psychologist-patient relationship. Marsha was not the source of the complaint.

As part of its investigation the board subpoenaed and received all of Todd’s clinical records. The board then informally sought Susan’s records regarding Marsha. The board did not seek Marsha’s permission for — and Marsha did not authorize — the release of these records. Susan refused to give Marsha’s records to the board.

Apparently Marsha became aware of the board’s attempt to secure her records from Susan and of the board’s intent to subpoena those records. Marsha immediately filed a petition for temporary and permanent injunction and a motion to quash subpoena.

The district court, Judge Richard D. Morr, issued a temporary restraining order prohibiting Susan from “releasing or surrendering any and all records in her possession pertaining to the nature and purpose of the client relationship between [Marsha] and [Susan], to any person, agency, or board.” The court also set a hearing on Marsha’s request for a permanent restraining order.

A week later, the board served a subpoena duces tecum on Susan, demanding the release of “all clinical records pertaining to Marsha” within five days of the subpoena.

On the date set for the hearing on Marsha’s request for a permanent restraining order, the board moved to dismiss Marsha’s petition. The board alleged the district court lacked jurisdiction because Marsha (1) had not sought judicial review pursuant to Iowa Code chapter 17A, (2) had not exhausted all administrative remedies, and (3) was not aggrieved or adversely affected by any final agency action. Concurrently, the board filed a petition for enforcement of subpoena pursuant to Iowa Code sections 17A.13 and 258A.3. The petition named Susan as the respondent.

By agreement of all the parties the district court, Judge Glenn E. Pille, entertained Marsha’s request to intervene in the board’s action for enforcement of its subpoena and granted it. In addition all of the parties agreed to (1) submit personally to the jurisdiction of the court on the board’s petition for enforcement of subpoena and (2) consolidate and hear at one time all of the various matters before the court. These matters included (1) Marsha’s petition for permanent injunction, (2) the board’s motion to dismiss Marsha’s petition, (3) the board’s petition for enforcement of subpoena, and (4) Marsha’s objections as intervenor in the board’s action for enforcement of subpoena.

Following the consolidated hearing, Judge Pille found that Marsha’s petition and the board’s motion to dismiss it were moot because all of the parties had agreed to submit personally to the jurisdiction of the court in the board’s action to enforce its subpoena. Because the court had personal and subject matter jurisdiction in the board’s action, [757]*757Judge PiUe proceeded to a hearing on the merits regarding the petition to enforce subpoena.

Following the hearing, Judge Pille (1) dismissed Marsha’s petition for permanent injunction and (2) ordered Susan to comply with the board’s subpoena within twenty days of the filing of his ruling. Additionally, Judge Pille stayed enforcement of his order as to Susan provided either Susan or Marsha appealed within the twenty day period.

Marsha filed an application for interlocutory appeal; Susan did not. In a single justice ruling, we determined Judge Pille’s ruling was a final decision appealable as a matter of right.

II. Does Iowa Code Section 622.10 Bar Disclosure?

Marsha first contends that the mental health professional-patient privilege in Iowa Code section 622.10 bars disclosure of the records in question. Section 622.10 pertinently provides:

A practicing attorney, counselor, physician, surgeon, physician’s assistant, mental health professional, or the stenographer or confidential clerk of any such person, who obtains information by reason of the person’s employment ... shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the person in the person’s professional capacity, and necessary and proper to enable the person to discharge the functions of the person’s office according to the usual course of practice or discipline.

Although psychologists are not statutorily considered physicians, they do fall into the category of “mental health professionals” mentioned in section 622.10. See generally Iowa Code ch. 154B (regulating practice of psychology).

The privilege in section 622.10 is limited to disclosure of confidential communications by the giving of testimony. A subpoena duces tecum does not compel disclosing confidential communications by the giving of testimony. Chidester v. Needles, 363 N.W.2d 849, 851-52 (Iowa 1984) (subpoena does not require disclosure of privileged communications by the giving of testimony); see also Roosevelt Hotel Ltd. Partnership v. Sweeney, 394 N.W.2d 353, 355 (Iowa 1986) (“Section 622.10 applies only to the testimonial use of privileged information, ... because it comes into play ‘in giving testimony.’ Testimony is a declaration by a witness in court or during a deposition.”).

Here all that the board attempted to do was secure Marsha’s medical records in Susan’s custody by way of subpoena. Susan was not subpoenaed to testify. In short, section 622.10 does not apply.

III.

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Cite This Page — Counsel Stack

Bluebook (online)
509 N.W.2d 754, 1993 Iowa Sup. LEXIS 277, 1993 WL 527312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmaster-v-iowa-board-of-psychology-examiners-iowa-1993.