Any notes made by therapists can and will be revealed to anyone who makes requests under this misguided program. It will enable not only prosecutors to use whatever you reveal to your therapist in court against you, but it will also allow the bureaucrats to divulge the same information to journalists who can humiliate and ridicule you for sport. Hear the loud silent objections from the alleged anti stigma lobbyists for the pharmaceutical industry and the psychiatric industry?
[From article]
Administrative subpoenas are issued unilaterally by government agencies -- meaning without approval by neutral judges -- and without probable cause stated under oath and affirmation as required by the Fourth Amendment. There are now 336 federal statutes authorizing administrative subpoenas, according to the Department of Justice.
[. . .]
In U.S. v Zadeh, the DEA obtained the records of 35 patient files without showing probable cause or obtaining a warrant issued by a judge. Citing New Deal-era case law, Judge Reed O’Connor noted that “[t]he Supreme Court has refused to require that [a federal] agency have probable cause to justify issuance of an administrative subpoena,” and that they may be issued “merely on suspicion that the law is being violated, or even just because it wants assurance that it is not." (Emphasis added).
In other words, the government may now use “fishing expeditions” for medical records.
[. . .]
Only judges may hear oaths necessary to issue warrants. Administrative subpoenas issued unilaterally by bureaucrats and without probable cause directly violate the Fourth Amendment.
http://www.americanthinker.com/articles/2015/07/feds_get_the_power_to_seize_medical_records_on_fishing_expedition_investigations_with_no_subpoena_from_a_judge.html
July 20, 2015
Feds Get the Power to Seize Medical Records on 'Fishing Expedition' Investigations with No Subpoena from a Judge
By Mark J. Fitzgibbons
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