texas medical
Can a professor ask for private medical information?
<p>I was excused from an exam on the basis of a doctor's note and after the exam took place my professor reversed his decision, saying that he does not have adequate information to excuse me and needs proof of a physical exam and treatment plan. Legally, can a university professor ask for private information?</p>
<p>This is taking place in Texas at a private university.</p>

<p>Yes.</p>
<p>HIPPA does not apply to exchanges of information between professors and students, it only governs disclosures of medical information by medical providers and insurance companies.</p>
<p>Educational privacy laws might prohibit the professor from sharing that information with someone outside the educational institution, but that is a different question entirely, than whether this information can be requested from a student.</p>
<p>If you have a disagreement with the professor's decision, your remedy would be to ask the department chair, or the dean with jurisdiction over that professor, or provost (a.k.a. the chief academic officer) at the institution to reconsider this decision (ordinarily, in that order).</p>

<p>In my experience, universities in the US generally publish a policy about presenting doctor's notes, absences, etc., and also what procedure a student should pursue to dispute an instructor's decision.  It would be helpful to cite the policy when filing a dispute or complaint.  Show that the instructor didn't follow the official policy.</p>
<p>In practice, the formal dispute procedure might be a bit slow; you might be able to resolve this quicker by contacting something like an office of undergraduate studies (or graduate studies).</p>
<p>A paper trail would be helpful.  However, not having a paper trail does not necessarily ruin your chances of a successful dispute or complaint.</p>
<p>Often the best result is obtained by first talking with an administrator by phone and then following up by email.  In the phone call, you want to come across as rational, reasonable, good listener, presenting your concern clearly and succinctly (but don't leave out any important details).  Your follow-up email should include the paper trail (could involve some emails and/or some screenshots from the course management system).</p>
<p>Also, the best result is often obtained by communicating with a general university administrator rather than with a specific department (unless of course the published policy directs you to bring it up with the department).</p>
<p>Often a university's published procedure will say that the student should try to resolve a dispute directly with the instructor first, before filing a complaint or appeal.  Usually this just means you have to <em>make a reasonable effort</em> before going higher.</p>
<p>There are two ways to dispute what happened -- focus on the exam itself, or focus on the overall course grade.  I don't know which would make more sense for you.</p>
<p>The university policy should give you an idea whether the instructor's request is reasonable in requiring more details from the medical provider.</p>
<p>Keep a careful log of all phone calls.</p>
<p>If you find that university policy allows the instructor to (a) do a 180, and (b) require more details from the medical provider, then I hope the provider will give you a more detailed letter.</p>
<p>Often, the provider will be happy for you to draft the follow-up letter, to be used as a starting point.  At the very least, I suggest you pass on to the provider the university's instructions.</p>
<p>A patient portal often makes this type of communication with the provider more efficient.</p>
<p>There is a special situation which, if it applies to your case, might give you more leverage. If you have disclosed a disability to the university, then special procedures and self-advocacy techniques may be applicable.</p>
