Our vision statement: We will create individual and family supports, chosen and directed by the person with a disability

Mental health information should not be public

Most of the names in these stories have been changed to protect privacy.

Anita Tartalome, a physician’s assistant, called the Sacramento office after the California Medical Board posted a copy of her probation agreement on its website. The agreement included references to Ms. Tartalome’s disability.

Ms. Tartalome believed, reasonably, that posting this information might keep her from getting a job interview. It was obvious that prospective employers could read her mental health information on line. She had not agreed to let anyone post such sensitive information, and she wanted her private health information removed from public view.

The Medical Board argued that:

  • It had the right to post the information; and
  • It had a “public safety responsibility” to disclose such information.

A legal team in the Sacramento office agreed to help Ms. Tartalome. They wrote legal opinion letters showing that:

  • The Medical Board had no legal obligation to post private medical information;
  • In posting the information, the Medical Board violated Ms. Tartalome’ rights under the Information Practices Act - a statute that puts strict limits on sharing medical information.

After the legal team negotiated with the Medical Board, they drafted amended language on what the Board could post lawfully. The Board then:

  • Removed the private health information from its website; and
  • Agreed to destroy the original hard copy agreement so that there would be no reference to Ms. Tartalome’s health information if anyone asked for her file.