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The Committee on Legal Issues (COLI) has updated the 'Coping with Subpoenas' article (COLI, 2016). It is a welcomed update of this series, but it is no longer consistent with law, ethics, or social policy. This commentary addresses problematic sections of the article, regarding the difference between privilege and confidentiality, which laws apply, and when laws require or prohibit disclosure.

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The correct response to subpoenas is confusing to many providers, often resulting in unauthorized disclosure or inappropriate withholding of patient records -with subsequent sanctions of various kinds. Because only legally valid subpoenas authorize the disclosure of patient records, one solution to this problem is to analyze subpoenas for various problems that might cause the disclosure of records to be prohibited. This article organizes the various potential subpoena problems into three categories: content, procedural, and substantive. In terms of content, subpoenas are required to contain specific text. Also, the process of requesting records must be procedurally fair. Finally, the disclosure of documents must be required under the law. If the subpoena is problematic, an appropriate response is to submit written objections. The various subpoena problems are described in detail and step by step recommendations for filing objections are offered. Finally, a sample letter of objection is provided. Public Significance StatementResponding to subpoenas is confusing for mental health professionals. Furthermore, disclosing records when subpoenas are not valid can subject both patients and providers to sanctions. This article describes the various subpoena problems and explains how to protect patient privacy by filing written objections-something that only subpoena recipients are permitted to do.

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