Athens Co. Sheriff needs help with the definition of ''OR''
April 18, 2004
Athens Messenger
Concealed carry snag
Mental-health check snafu halts permit process
The concealed carry permit application process has slowed because mental health-care centers are not releasing records prior to April 8 — the date the concealed carry law went into effect.
Athens County Sheriff Vern Castle said he has about 120 applications piled on a desk in the sheriff's office that cannot proceed because the background checks cannot be completed.
The Appalachian Behavioral Healthcare Center, 100 Hospital Drive, told the sheriff's office it would not release patient records for anyone at the center before the law went into effect, Castle said.
Appalachian Behavioral Health-care did not return phone calls.
The Ohio Mental Health Department is not aware who is responsible for providing the background information regarding applicants' mental health records, said department spokeswoman Laura Wentz. The department is awaiting clarification from the Ohio Attorney General's Office about whether it is the mental health department's duty to release records or if probate courts are to provide mental health records.
Wentz said that whenever Attorney General Jim Petro clarifies the issue, the department will notify health-care centers.
The concealed carry law faced a federal hurdle in the form of the Health Insurance Portability and Accountability Act, which makes all medical records private.
In Athens County, the probate court has taken it upon itself to do background checks, Castle said. But so far no one has received the sheriff's approval yet for a permit.
"The probate court volunteered to do this, so we are at their mercy," Castle said.
Commentary:
This question has long been solved in the minds of the rest of Ohio's sheriffs (less the three which we know are refusing to process applications).
R.C. 5122.311 says mental records shall be checked with "probate courts OR chief clinical officers" at hospitals - not 'and'. That's a very important distinction, which goes to the heart of this supposed snafu in Athens County.
Sheriffs can be in 100% compliance with the law on background checks without receiving a single piece of information from hospitals. We've all know it for months, but apparently someone still needs to get the news to Sheriff Vern Castle.
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