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A subpoena duces tecum for healthcare records is a court order requiring a healthcare provider to produce the requested medical records at a deposition or court hearing. Usually, the court order allows the healthcare provider to produce the medical records remotely without an in-person appearance being necessary.
In other words, a subpoena seeking release of mental health records to any entity other than the Court is improper unless accompanied by written authorization or a court order.
A party in a legal proceeding simply requests that a notary public, certified shorthand reporter, an attorney authorized to practice in the state of Texas, or the clerk of the court issue a subpoena. Subpoenas are generally not issued with the blessing or approval of the judge.
PLACE THE HEALTH RECORDS IN A SEALED ENVELOPE AND ATTACH TO THE SEALED ENVELOPE A COVER LETTER TO THE CLERK OF COURT OR ADMINISTRATIVE AGENCY WHICH STATES THAT CONFIDENTIAL HEALTH RECORDS ARE ENCLOSED AND ARE TO BE HELD UNDER SEAL PENDING A RULING ON THE MOTION TO QUASH THE SUBPOENA.
The Department of State Health Services is committed to providing full access to public information. To request records under the Texas Public Information Act: Submit a request in writing via U.S. Mail, fax or email. Include contact information and a clear description of the records you are requesting.