HLS 11RS-562 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 81
BY REPRESENTATIVE CHANDLER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides with respect to the release of medical records in
criminal cases
AN ACT1
To enact R.S. 13:3715.1(B)(7), relative to the disclosure of patient records in certain2
circumstances; to provide that certain procedures required prior to the release of3
patient records shall not apply if a criminal search warrant has been issued; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:3715.1(B)(7) is hereby enacted to read as follows: 7
ยง3715.1. Medical or hospital records of a patient; subpoena duces tecum and court8
order to a health care provider; reimbursement for records produced9
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B. The exclusive method by which medical, hospital, or other records11
relating to a person's medical treatment, history, or condition may be obtained or12
disclosed by a health care provider, shall be pursuant to and in accordance with the13
provisions of R.S. 40:1299.96 or Code of Evidence Article 510, or a lawful subpoena14
or court order obtained in the following manner:15
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(7) The provisions of Paragraphs (1) and (5) of this Subsection requiring17
prior notice to the patient whose records are sought and the requirement for a18
contradictory hearing prior to a court issuing an order for the production and19
disclosure of a patient's records shall not apply if in the course and scope of a20 HLS 11RS-562 ENGROSSED
HB NO. 81
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
criminal investigation or proceeding law enforcement officials have obtained a1
search warrant for the records of the patient.2
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Chandler HB No. 81
Abstract: Provides that requirements for notice and a contradictory hearing prior to release
of a patient's medical records shall not apply if a criminal search warrant for those
records has been issued by the court.
Present law requires certain procedures to be followed prior to releasing medical records of
a patient who is a party to litigation. Requires notice to be mailed by registered or certified
mail to the patient whose records are sought or to the counsel of record. Further requires a
contradictory hearing to determine if the release of the information is proper.
Proposed law provides that present law requirements of notice and a contradictory hearing
shall not apply if a search warrant for the records was obtained by law enforcement during
the course and scope of a criminal investigation.
(Adds R.S. 13:3715.1(B)(7))