By Dan Klepal
The Cincinnati Enquirer

Add one more question to the list of unknowns about Ohio's new concealed-carry gun law: Can Ohio's sheriffs get mental-health records for people hoping to legally carry a handgun?

Ohio law says people who have been committed to a mental-health facility should not be permitted to carry a concealed weapon.

But a federal law called the Health Insurance Portability and Accountability Act (HIPAA), which went into effect in April, makes it illegal for hospitals, clinics and other health-care providers to release patient medical records.

That information could be key for Ohio sheriffs responsible for investigating people who apply for concealed weapon permits. The new law goes into effect April 8, and state officials and sheriffs are scrambling now to work out the permitting process.

Bob Cornwell, executive director for the Buckeye State Sheriffs' Association, said there will be no way to confirm mental-health commitments - except for those ordered by a court. Court rulings are not subject to HIPAA protections, according to Kim Norris, spokeswoman for the Ohio attorney general's office.

If a family or guardian has committed someone to a mental health facility in the past, sheriffs likely would never know it.

"We won't be able to do it, and that causes us great concern," Cornwell said. "Those people are going to slip through the cracks."

About 17 percent of the 1,200 people in Ohio state mental health hospitals on Dec. 31 were committed without a court order, said Sam Hibbs, spokesman for the Ohio Department of Mental Health. Because private mental hospitals - which have an additional 3,000 beds in Ohio - are not required to share patient information with the state, it's unclear how many people are in those facilities without a court order.

There are 36 other states with similar concealed-carry laws. Kentucky and Indiana both deny permits to people who have been adjudicated mentally ill by a court. Neither state checks for mental health commitments that originate from family or others.

"According to our legal staff, any court order or document trumps HIPAA," said Alecia Edgington, commander for criminal identification and records with the Kentucky State Police. "We do not check hospital records or anything like that. We wouldn't have access."

The Ohio attorney general's office is still trying to understand how HIPAA will affect the processing of applications for concealed-weapon permits, Norris said. "We see there are certainly some challenges ahead."

Potential for problems

HIPAA is among several unresolved issues facing the state's 88 sheriffs as they begin enforcing the new law.

Clermont County Sheriff A.J. "Tim" Rodenberg said the state has provided very little definition of what qualifies as "certified" training, which every applicant must complete before applying for a permit. The state is not going to provide any oversight or master list of "certified" trainers, he said.

"I can see the potential for real problems, and perhaps even fraud," Rodenberg said. "Sheriffs are going to be in a position of deciding whether or not to accept training certificates. So we're either going to have to just let them slide through, or track down" the source of the certificates.

The attorney general's office suggests people check with their local firing ranges or the National Rifle Association to find certified instructors, and always ask to see their certificate before paying for a course.

Also unclear is when people can begin applying for permits. While the law takes effect April 8, the attorney general's office has an additional 30 days to submit rules governing the permit process and another 30 days after that to have applications and licenses to sheriff's offices. Only then will applications be accepted.

It probably will be early June before people can file applications, said Steve Barnett, spokesman for the Hamilton County Sheriff's office.

"There are a lot of potential land mines because there are so many legal issues involved," Rodenberg said. "And there will be a ripple effect that will cause a lot of work for a lot of different agencies."

E-mail dklepal@enquirer.com