Subpoena of Medical and Hospital Records

1. Law
2. Tennessee Code
3. Prevention and Detection of Crime
4. Post-Mortem Examinations
5. Post-Mortem Examination Act
6. Subpoena of Medical and Hospital Records

1. An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized to obtain, upon written request, or may subpoena through the appropriate district attorney general, all medical or hospital records maintained by individuals licensed under title 63 or by facilities licensed under title 68 that pertain to a case under investigation.
2. An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized, through the appropriate district attorney general, to obtain, by judicial subpoena or through a court order in accordance with § 33-3-105, all records maintained by facilities licensed under title 33 that pertain to a case under investigation.
3. As used in this section:
   1. “Authorized post-mortem official” means:
      1. The chief medical examiner;
      2. A county medical examiner;
      3. A medical investigator;
      4. A coroner;
      5. A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
      6. A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and
   2. “Case under investigation” means any time during which an authorized post-mortem official conducts an investigation into a case of death.

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