§ 3103 — Investigatory subpoena power

The General Counsel or a designee of the General Counsel shall have the power and duty to issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission. The following apply:

(1) If disclosure is subject to a privilege provided by law, patient or client records may not be subpoenaed without the consent of the patient or client or without order of a court of competent jurisdiction showing that the records are reasonably necessary for the conduct of the investigation.

(2) The court may impose such limitation on the scope of the subpoena as may be necessary to prevent unnecessary intrusion into patient or client confidential information.

(3) The attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission is authorized to apply to Commonwealth Court to enforce the subpoenas.

(4) Nothing in this section shall be construed to excuse a person from producing documents and records as requested by a licensing board or licensing commission under any other provision of law.