Residency requiring waiver to release my info for medical license application?

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goadyso

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I am transferring to another residency program in another state, and I need to apply for a license in that new state.

That state is requesting that my program fill out a form and answer some questions about my time in my current program. I have been on probation and so the program has to submit a short write-up to the state medical board explaining why. The program is asking me to sign a waiver to release my information to the board.

That's understandable but the waiver also includes the following language:

"I hereby release and forever discharge [my residency program] including its corporate members, directors, officers, employees, agents, faculty, representatives, affiliates, partners, program directors, assistant program directors from any and all liability whatsoever relating to the release of the information and documents described above including, but not limited to, contract claims, court claims, defamation claims, discrimination claims (including, but not limited to, claims based on age, sex, national origin, sexual orientation, religion, race, ancestry, color, disability, harassment, retaliation, and other legally protected category or characteristic ) and/or any other claims whatsoever. This release includes a waiver of all known and unknown claims."

Is this language standard for information release forms to state medical boards?

My program and I have quite a long history - it's never been a good fit. I do not want to waive the right to future lawsuits if necessary, particularly when I do not agree with a lot of the assessments in my probation documents. But more importantly, it is my program and my time in training. My program will not release my information and sign the required forms unless I sign this waiver! I should be able to discharge my training information and history to the state medical board without having to agree to this language, right? Am I making too big of a deal out of this or do I need a lawyer?

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I am transferring to another residency program in another state, and I need to apply for a license in that new state.

That state is requesting that my program fill out a form and answer some questions about my time in my current program. I have been on probation and so the program has to submit a short write-up to the state medical board explaining why. The program is asking me to sign a waiver to release my information to the board.

That's understandable but the waiver also includes the following language:

"I hereby release and forever discharge [my residency program] including its corporate members, directors, officers, employees, agents, faculty, representatives, affiliates, partners, program directors, assistant program directors from any and all liability whatsoever relating to the release of the information and documents described above including, but not limited to, contract claims, court claims, defamation claims, discrimination claims (including, but not limited to, claims based on age, sex, national origin, sexual orientation, religion, race, ancestry, color, disability, harassment, retaliation, and other legally protected category or characteristic ) and/or any other claims whatsoever. This release includes a waiver of all known and unknown claims."

Is this language standard for information release forms to state medical boards?

My program and I have quite a long history - it's never been a good fit. I do not want to waive the right to future lawsuits if necessary, particularly when I do not agree with a lot of the assessments in my probation documents. But more importantly, it is my program and my time in training. My program will not release my information and sign the required forms unless I sign this waiver! I should be able to discharge my training information and history to the state medical board without having to agree to this language, right? Am I making too big of a deal out of this or do I need a lawyer?
As to the bolded, YES!

What do you expect from a bunch of randos online?
 
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Not a lawyer... and not a bad idea to talk to one...

But it sounds like this language is waiving your right to sue them specifically relating to the release of your documents. So if you aren't able to get a license based on what the board decides, you can't turn around and sue the residency program for not being able to get a license because you specifically asked them to send your records. If you were trying to sue for

Signing a waiver to release information (in general) is reasonable, as they are likely trying to follow FERPA because it's still a training program.
 
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I am transferring to another residency program in another state, and I need to apply for a license in that new state.

That state is requesting that my program fill out a form and answer some questions about my time in my current program. I have been on probation and so the program has to submit a short write-up to the state medical board explaining why. The program is asking me to sign a waiver to release my information to the board.

That's understandable but the waiver also includes the following language:

"I hereby release and forever discharge [my residency program] including its corporate members, directors, officers, employees, agents, faculty, representatives, affiliates, partners, program directors, assistant program directors from any and all liability whatsoever relating to the release of the information and documents described above including, but not limited to, contract claims, court claims, defamation claims, discrimination claims (including, but not limited to, claims based on age, sex, national origin, sexual orientation, religion, race, ancestry, color, disability, harassment, retaliation, and other legally protected category or characteristic ) and/or any other claims whatsoever. This release includes a waiver of all known and unknown claims."

Is this language standard for information release forms to state medical boards?

My program and I have quite a long history - it's never been a good fit. I do not want to waive the right to future lawsuits if necessary, particularly when I do not agree with a lot of the assessments in my probation documents. But more importantly, it is my program and my time in training. My program will not release my information and sign the required forms unless I sign this waiver! I should be able to discharge my training information and history to the state medical board without having to agree to this language, right? Am I making too big of a deal out of this or do I need a lawyer?

Get a lawyer. You can get a free consultation and then decide if this is worth negotiating. But that will delay your licensing. But if you're still considering legal action against your current program, then I wouldn't sign anything before you talk to a lawyer. If you're willing to go on your way and cut ties entirely, then go ahead and sign. I'd choose a lawyer.
 
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This sounds like standard language to me, protecting your program from liability for any damages you may suffer from the release of the information they provide. If the story is not any more complicated than what you say, this language would not raise any red flags for me.

But I am not a lawyer. If it's complicated and you aren't sure, definitely hire an attorney. A few hundred bucks is worth the peace of mind.
 
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This sounds like standard language to me, protecting your program from liability for any damages you may suffer from the release of the information they provide. If the story is not any more complicated than what you say, this language would not raise any red flags for me.

But I am not a lawyer. If it's complicated and you aren't sure, definitely hire an attorney. A few hundred bucks is worth the peace of mind.
The OP is moving residencies, was on probation, and feels they may want to sue their program. . . It is complicated.

I have no idea what advise to give the OP. I’m not sure they can force the program to take out the language. If i was them, I wouldn’t. I might have waited to apply for a medical license so that maybe the board wouldn’t ask everything of the old program. Or at the very least it give some time to let tempers settle And have some recent more pleasant reviews to combat older, poor reviews. . . But what is done is done. The OP needs to be very careful. Probation and moving residencies is a red flag. Failure to obtain a medical license is a major red flag.
 
So, you’re never going to be wrong just at least consulting with a lawyer.

However, strictly speaking, it's NOT your information or your training. It is your program's evaluation of you during your time in training. Those records containing your evaluations seem to clearly be their property just as medical records belong to the hospital and not to the patient. There are specific laws which require hospitals to release patient records to the patient, but to my knowledge there is no similar law requiring release of training records, though getting a program to do so is usually not difficult.

Furthermore, from a practical perspective I'm not sure how it could be worth holding up your new state license application up over this clause. Cases where a trainee sues their training program rarely work out for the trainee, and especially in this case where they clearly supported you in your seeking another program rather than dismissing you I'm not sure what harm you would claim they caused you.

I'm sure there are details that you're leaving out for good reason, but bottom line, I don't think you can make the program take out the clause, nor do I think it's wise from a practical perspective to try. But I am not a lawyer.
 
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