A. In any investigation relating to the functions of the Maternal Mortality Review Committee, the State Commissioner of Health may require production of, by subpoena, any records, including books, papers, documents, and other tangible things which constitute or contain evidence which the Committee finds relevant to the investigation and review, if the Committee has been unable to obtain the necessary information by requesting it. The production of records may be required from any place in the state to be forwarded to the Committee. Reasonable copying fees shall be paid upon request.
B. Compliance with the subpoena may be accomplished by:
1. Producing documents, as requested; or
2. Notifying the Committee, in writing, of refusal to produce documents, within ten (10) days of the date of service.
The subpoena form shall clearly set forth the optional means of compliance including instructions for sending written notice of refusal.
C. A subpoena issued pursuant to this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to the person. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name by delivering the subpoena to an officer, to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
D. In the case of refusal to obey a subpoena issued to any person, the Commissioner of Health may invoke the aid of any district court within the jurisdiction where the investigation is carried out, where the subpoenaed person is an inhabitant, or where such person conducts business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Commissioner of Health to produce records, if so ordered. Any failure to obey the order of the court may be punished by the court as an indirect contempt thereof. All processes in any such case may be served in any judicial district in which such person may be found.
E. The district court of the county wherein the subpoena is served may quash a subpoena issued pursuant to this section upon a motion to quash the subpoena filed with the court by the party to whom the subpoena is issued.
Added by Laws 2019, c. 473, § 4, eff. Nov. 1, 2019.