Bill would allow professional licensing boards to subpoena health records for investigations, sponsor says

Representative Greg Oblander told the committee House Bill 7906 clarifies that a professional licensing board or program may request health care information using administrative subpoenas for investigative or disciplinary matters that come before the board.

The bill inserts identical language into two related statutory sections to allow boards to obtain health care records needed to evaluate complaints and disciplinary matters. Jennifer Stahlkamp, deputy chief legal counsel for the Department of Labor and Industry, told the committee the department worked with the sponsor and the defense bar on the language and that boards have long received information as part of their work; the bill simply makes the authority “crystal clear.”

Committee members asked why the change was needed and whether boards already had subpoena power. Stahlkamp and DLI witnesses pointed to the existing administrative subpoena authority found in Title 37 and said the amendment narrows uncertainty about access to health information when the patient is not available to sign a release — for example, when a spouse or an estate files a complaint. Stahlkamp said that in some cases the patient is not available to provide consent and the board still must evaluate alleged conduct.

Senator Emmerich asked why the boards could not obtain records directly from the individual; testimony noted that complaints can come from parties other than the patient and that existing subpoena authority is used for investigatory needs.

Ending: The sponsor closed by saying the change will help boards function effectively and asked the committee to pass the bill.