Ohio State Dental Bd. v. HealthCare Venture Partners, LLC (Summary)

DISCOVERY/ALCOHOL TREATMENT RECORDS

Ohio State Dental Bd. v. HealthCare Venture Partners, LLC, No. 14AP-165 (Ohio Ct. App. June 10, 2014)

The Court of Appeals of Ohio affirmed a trial court’s decision that a state dental board could obtain the treatment facility records of a dentist who entered Board-ordered treatment for alcohol dependency issues.

The dentist was investigated after he was found to have performed oral surgery with a blood alcohol content of 0.18 mg/dl.  A few months later, the dentist was arrested for driving with a blood alcohol content well over the legal limit.  The Board ordered the dentist to submit to evaluation at a treatment facility to determine if he suffered from alcohol abuse or dependency that would negatively affect his ability to practice dentistry, and he signed a release form which permitted the facility to disclose information to the Board.  A physician at the treatment facility determined that the dentist was impaired due to alcohol dependency, and the dentist’s license was subsequently suspended by the Board.  After the suspension, the Board subpoenaed the dentist’s treatment facility records for use at his hearing, and the facility refused to comply.  The trial court ruled in favor of the Board, ordering the treatment facility to hand over the dentist’s records.

The appellate court affirmed the trial court’s ruling, holding that the Board provided sufficient good cause for the disclosure of the records, as the public interest for the full disclosure of the dentist’s alcohol dependence outweighed any potential injury to the dentist, his doctor-patient relationship, or his treatment service.  There was no alternative way that the information could have been obtained effectively, and because the dentist signed the waiver, it is clear that he had little expectation of confidentiality when he entered the treatment facility.  Additionally, the appellate court found that disclosure of the information may be allowed if it is in connection with litigation or administrative proceedings.