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2019 SESSION

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HB 2044 Medical records; subpoena duces tecum, additional time to comply.

Introduced by: John J. McGuire, III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Medical records; subpoena duces tecum; additional time to comply. Provides that a health care provider may make a written request to the party requesting the subpoena duces tecum or the party on whose behalf the subpoena was issued for such party's consent to an additional seven days within which to comply with such subpoena, which consent shall not be unreasonably withheld, provided such subpoena was served within 15 days of the return date and provided such additional time does not adversely affect a party's ability to timely prepare for trial, depositions, or such other proceeding.

SUMMARY AS INTRODUCED:

Medical records; service of subpoena; return date. Provides that no subpoena duces tecum for medical records or papers shall set a return date by which a health care provider must comply with such subpoena earlier than 15 days from the date of service of such subpoena, except by order of a court or administrative agency. Current law provides such a date shall not be earlier than 15 days from the date of the subpoena.