Why doesn’t a mental health provider have to comply with a subpoena duces tecum?
A. Health care professionals dealing in psychiatric, drug and/or alcohol abuse care are NOT required by law to comply with a subpoena duces tecum under Federal Law. While you do have the right to full discovery, courts have long held a patient’s confidentiality supersedes your right to discovery.. The law is based on the belief society is better served as a whole if a patient is able to share openly and freely with his/her medical care provider in order to obtain proper medical care..
