Polly Rost is a clinical psychologist.She was treating a female teenager, SP, for headaches that started after SP fell at a community center.SP's mother eventually sued the community center for the harm to her daughter.That makes SP the Plaintiff and the community center the Defendant.SP's mother signed a consent form authorizing Polly Rost to release Rost's treatment records of SP to SP's attorney (the Plaintiff's attorney).

The community center's attorney (the Defendant's attorney) mailed Rost a subpoenaduces tecumrequesting SP's treatment records.Rost released the records to the Defendant's attorney per this subpoena.

SP's mother complained to the State Board of Psychology, which commenced a disciplinary action against Rost.Rost defended herself on two grounds:one, that SP's mother had authorized her to release the records; and two, that SP had waived her right to confidentiality by filing the law suit based on the court rules of privilege.

The Board of Psychology disciplined Rose for violating her ethical duties to SP by releasing her records.Rost v. State Board of Psychology, 659 A.2d 626 (Pa. 1995).

1. Discuss what Rost should have done in response to the subpoena.
2. What do you think the State Board of Psychology should have done?