36-3808. Civil litigation subpoenas; certification requirements
A. Except as otherwise provided in state or federal law, individually identifiable health information that is accessible through a health information organization is not subject to a civil litigation subpoena directed to the health information organization unless section 12-2294.01 is followed and a court has determined on motion and notice to the health information organization and the parties to the civil litigation in which the subpoena is served that the information sought from the health information organization is not available from the original source and either is relevant to the subject matter involved in the pending civil action or is reasonably calculated to lead to the discovery of admissible evidence in the pending action.
B. A person who issues a civil litigation subpoena to the health information organization pursuant to this section must certify before the issuance of the civil litigation subpoena that the requirements of subsection A of this section have been met.
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