§ 334.127 — Subpoenas for witnesses, administration of oaths — enforcing subpoena, procedure.

Missouri § 334.127

• Jurisdiction: Missouri
• Title XXII: OCCUPATIONS AND PROFESSIONS
• Ch. 334: Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers

Text

1.  The president or secretary of the board may administer oaths, subpoena witnesses, issue subpoenas duces tecum and require production of documents and records.  Subpoenas, including subpoenas duces tecum, shall be served by a person authorized to serve subpoenas of courts of record.  In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the board may require sworn copies of such documents to be filed with it or delivered to its designated representative.

2.  The board may enforce its subpoenas, including subpoena duces tecum, by applying to a circuit court of Cole County, the county of the investigation, hearing or proceeding, or any county where the person resides or may be found, for an order upon any person who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which such order and a copy of the application therefore shall be served upon the person in the same manner as a summons in a civil action, and if the circuit court shall, after a hearing, determine that the subpoena should be sustained and enforced, such court shall proceed to enforce the subpoena in the same manner as though the subpoena had been issued in a civil case in the circuit court.

Legislative History

(L. 1959 S.B. 50 § 2, A.L. 1987 H.B. 667, et al.) (2001) As applied to licensed physician who served as medical director for administrator of employee benefits plan, section is not preempted by Employee Retirement Income Security Act; the physician's finding of medical necessity was a medical decision reviewable by State Board of Registration for the Healing Arts.  State Board of Registration for the Healing Arts v. Fallon, 41 S.W.3d 474 (Mo.banc).