What governs the disclosure of confidential patient information in TBCE matters?

• A. Information can be disclosed freely to any licensed professional.
• B. Confidentiality must be maintained and disclosures made only in accordance with state privacy laws and HIPAA.
• C. Only the patient can disclose to the board.
• D. Disclosures are prohibited under all circumstances.

Answer: (B)

Confidential patient information in TBCE matters must be protected and shared only under the rules set by privacy laws. In practice, this means disclosures are allowed and expected only when there is a legal basis—such as patient authorization or a disclosure required or permitted by state privacy laws and HIPAA for regulatory or enforcement purposes. The board can obtain relevant records through proper legal channels, but professionals must limit what is disclosed to what is necessary and safeguard the information to prevent unnecessary exposure.

Disclosing freely to any licensed professional would ignore the privacy protections that govern PHI. Requiring that only the patient can disclose to the board overlooks the board’s regulatory authority to obtain information as part of an investigation, often with proper authorization or legal process. And saying disclosures are prohibited under all circumstances ignores the lawful disclosures that privacy laws and HIPAA expressly permit for oversight and enforcement.