Can an emergency room visit for panic attacks and withdrawal be subpoenaed without patient consent?

Question

On probation for a dwai last year. Recently went to emergency room to assist in final leg of self-imposed withdrawals (from a substance not scheduled or controlled, but which could likely constitute prob violation against using "abusable" drugs - Tianeptine) and associated panic attack. In relation to CFR 42, is the emergency room considered a "covered entity" even though it is not explicitly a drug treatment facility, and can the full records be subpoenaed without patient consent? Does this fall under the substance abuse/mental health super protection? During the visit I received ativan, which will undoubtedly show up on the random UA this week. I can produce a list of given drugs/date from the ED for proof, but would prefer to avoid any further details given if they're of a mind to dig further. Any options here?

Tristan Kenyon Schultz · Answer

As a condition of parole, the general rule is that parolees cannot prevent the release of limited amounts of relevant medical records on request (often tied to the type of offense). The ER visit (with documentation) should be ok with your parole officer, as for Tianeptine this is a grey area. Since Justia's Q&A is NOT covered under a attorney-client relationship (meaning that this question and answer is publically available on the internet indefinitely), I highly recommend that you direct your questions directly to a lawyer (this will create privileges and confidentiality protections).

Q: Can an emergency room visit for panic attacks and withdrawal be subpoenaed without patient consent?