§ 37:781 — Issuance of subpoenas; production of patient records; maintenance of confidentiality

Louisiana § 37:781

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§781. Issuance of subpoenas; production of patient records; maintenance of confidentiality
A. The president or any member of the board may issue investigative subpoenas,
subpoenas or subpoenas duces tecum requiring the attendance and testimony under oath of
witnesses and the production of any evidence or documentation that relates to any matter
properly under investigation or in question before the board or committee or attorney acting
on behalf of the board conducting the hearing or investigation. Any subpoena authorized in
this Subsection may be served in any manner authorized by the Administrative Procedure Act
or the Code of Civil Procedure, including but not limited to by certified mail or by private
process server. The board may obtain sworn testimony taken before a certified court reporter
from any individual, licensed or not licensed by the board, who may possess any information
concerning the matter under investigation.
B. In case of refusal to obey a subpoena or subpoena duces tecum issued to any
person or entity, the board, or the respondent named in a formal disciplinary proceeding who
has requested the issuance of the subpoena as set forth in Chapter 9 of the board rules, may
apply to any district court within the jurisdiction where the inquiry is carried on or within the
jurisdiction where such person or entity is found, resides, or transacts business, to issue to
such person or entity an order requiring him to appear before the board, its member, agent,
or agency, to produce evidence if ordered or to give testimony concerning the matter under
investigation or in question, and to pay the reasonable attorney fees caused by the filing and
prosecution of such application should the board prevail on it. Any failure to obey this order
of the court may be punished by the court as a contempt.
C. The board may require the attendance of witnesses who are summoned or to
whomever a subpoena duces tecum is issued in all matters arising in the course of its duties,
and at an investigation, the board shall take any oral or written proof, for or against any
unlicensed person, or the person whose license is sought to be suspended or revoked, that
will best present the facts.
D. Notwithstanding any privilege or confidentiality recognized by law, no dentist or
entity providing dental services with which such dentist is affiliated shall, acting under any
such privilege, fail or refuse to respond to a lawfully issued subpoena of the board for any
dental/medical information, testimony, records, data, reports or other documents, tangible
items, or information relative to any patient treated by any such dentist under investigation.
However, the identity of any patient identified in or by such records or information shall be
maintained in confidence by the board and shall be deemed a privilege of confidentiality
existing in favor of any such patient. For the purpose of maintaining such confidentiality of
patient identity, the board shall cause any such dental/medical records or the transcript of any
such testimony to be altered so as to prevent the disclosure of the identity of the patient to
whom such records or testimony relates.
E. Any person or entity charging the board a fee for the production of documents
ordered to be produced by the board under a subpoena or subpoena duces tecum issued by
the board shall conform to those charges set forth in R.S. 40:1165.1 to reflect reasonable or
adequate compensation.

Legislative History

Acts 1995, No. 920, §1; Acts 1997, No. 83, §1; Acts 1999, No. 1358, §1; Acts 2001, No. 712, §1; Acts 2018, No. 206, §3.