Investigations; right to examine evidence; subpoenas; confidentiality

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36-756.01. Investigations; right to examine evidence; subpoenas; confidentiality

A. The director may investigate information that indicates that a person is violating this article. In connection with an investigation, the department may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a midwife pursuant to the requirements of this article.

B. Pursuant to an investigation or an administrative proceeding, the director may issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence. If a person refuses to comply with a subpoena, the director may apply to the superior court for an order to compel compliance.

C. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films and oral statements relating to patient examinations, findings and treatment, that are kept by the director pursuant to an investigation are not available to the public. The director shall keep confidential the names of patients whose records are reviewed during the course of an investigation or hearing.


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