In the District of Columbia, medical records are protected by a doctor-patient privilege set forth in DC Code, sec. 14-307. Unless the person who is the subject of the records or that person’s legal representative consents, a doctor or mental health professional cannot disclose any information, confidential in its nature, obtained while attending the person in a professional capacity that was necessary to enable the doctor or mental health professional to act in a professional capacity. Therefore subpoenas for medical records are issued only if the Court approves a motion for issuance of a subpoena for medical records. The completed subpoena should be attached to the motion so that the Judge can authorize issuance of the subpoena.
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