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Law and Advocacy Division |
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2005 Subpoena Notice Requirement UpdateJuly 1, 2005 As
of July 1, 2005, Maryland law will require that the following notice (or a
notice substantially similar) accompany any subpoena issued by a private
party requiring disclosure of medical information.
Subpoenas issued by governmental agencies, such as the Board of
Physicians or a police department are not covered by this requirement. The
notice must be sent to the patient at least thirty days prior to the
subpoena being sent to the physician. SAMPLE
NOTICE [Identification of court] Plaintiffs
[Name of Plaintiff(s)] v. Defendants
[Name of Defendant(s)] Case
number: _____ [The
text of the subpoena goes here] (Newly
required notice) Notice to [patient
name] In compliance with § 4-306 of the Health-General Article, Annotated Code of Maryland, take note that medical records regarding [patient name], have been subpoenaed from [name and address of health care provider] pursuant to the attached subpoena and § 4-306 of the Health-General Article, Annotated Code of Maryland. This subpoena _____does, _____does not [one should be marked] seek production of mental health records. Please examine these papers carefully. If you have any objection to the production of these documents, you must file a motion for a protective order or a motion to quash the subpoena issued for these documents under Maryland Rules 2-403 and 2-510 no later than thirty (30) days from the date this notice is mailed. For example, a protective order may be granted if the records are not relevant to the issues in this case, the request unduly invades your privacy, or causes you specific harm. Also attached to this form is a copy of the subpoena duces tecum issued for these records. |
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