The General Counsel or a designee of the General Counsel shall have the power and duty to issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disciplinary provisions administered by a licensing board or licensing commission. The following apply:
(1) If disclosure is subject to a privilege provided by law, patient or client records may not be subpoenaed without the consent of the patient or client or without order of a court of competent jurisdiction showing that the records are reasonably necessary for the conduct of the investigation.
(2) The court may impose such limitation on the scope of the subpoena as may be necessary to prevent unnecessary intrusion into patient or client confidential information.
(3) The attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission is authorized to apply to Commonwealth Court to enforce the subpoenas.
(4) Nothing in this section shall be construed to excuse a person from producing documents and records as requested by a licensing board or licensing commission under any other provision of law.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED)
Chapter 31 - Powers and Duties
Section 3101 - Scope of chapter
Section 3103 - Investigatory subpoena power
Section 3104 - Reporting of sanctions and criminal proceedings
Section 3105 - Hearing examiners
Section 3107 - Additional powers for commissioner
Section 3107.1 - Virtual operation
Section 3108 - Civil penalties
Section 3109 - Confidentiality of records of licensure boards
Section 3111 - Licensure by endorsement
Section 3112 - Restricted licenses for barbers and cosmetologists
Section 3112.1 - Restricted licenses for other occupations
Section 3113 - Consideration of criminal convictions
Section 3114 - Juvenile adjudications
Section 3115 - Preliminary determinations by licensing boards and licensing commissions
Section 3116 - Best practices guide