Board Subpoenas for Records
What a Board Subpoena Is
Pennsylvania’s licensing laws give the boards the power to subpoena witnesses and to compel the production of books, records, papers and documents pertinent to an investigation or hearing. An investigative subpoena issues on application of the attorney who represents the Commonwealth in disciplinary matters before the board.
A subpoena for records usually arrives early in a matter, often before any charge is filed. When one arrives:
- Note the date received and the return date stated on it
- Read exactly what records are requested, and for what period
- Identify any patient or client records in the request
- Do not alter, back-date or discard any record
- Keep a copy of everything produced and a list of it
- Do not add notes to a record after the fact
- Get advice on scope and privilege before producing anything
Patient and Client Records
Many of the practice acts, including the Medical Practice Act, the Professional Nursing Law and the Pharmacy Act, limit subpoenas for patient records. Under those laws, patient records may not be subpoenaed without the patient’s consent or a court order issued on a showing that the records are reasonably necessary for the investigation. The court may limit the scope of the subpoena to prevent unnecessary intrusion into confidential information.
The protections differ from one profession to another, and other confidentiality laws may also apply. Before patient or client records are produced, the subpoena should be reviewed to decide what it lawfully reaches and what consent or order is required.
How Subpoenas Work in a Board Case
Subpoenas can arise at two stages: during the investigation, and at a formal hearing.
During the Investigation
The prosecuting attorney may apply for a subpoena to investigate alleged violations of the laws the board administers. The subpoena may call for records, testimony or both.
Enforcement
A board is authorized to apply to the Commonwealth Court to enforce its subpoenas. Ignoring a subpoena does not make it go away, and it can create a separate problem.
At a Hearing
Once a formal proceeding is under way, either party may apply in writing to the presiding officer for subpoenas for witnesses or documents. The application should describe the relevance, materiality and scope of the evidence sought.
Questions Licensees Ask
Do I have to respond to a board subpoena?
A subpoena is a legal command, not a request. The board is authorized to apply to the Commonwealth Court to enforce its subpoenas. Questions about scope, privilege and timing should be raised before the return date stated on the subpoena, not after it passes.
Can the board get my patients' records?
Under many of the practice acts, including those for medicine, nursing and pharmacy, patient records may not be subpoenaed without the patient's consent or a court order. A court may order them on a showing that they are reasonably necessary for the investigation, and it may limit the scope of the subpoena to protect confidential information.
Does a subpoena mean I am being charged?
Not necessarily. An investigative subpoena is used to gather facts, and it may be issued before any Order to Show Cause is filed. Some matters are closed after the investigation without formal action.
Should I give a statement when I produce the records?
Licensees generally should cooperate with a lawful investigation, but producing records does not require an unprepared statement. An interview can ordinarily be scheduled so that counsel may attend.
Can I subpoena witnesses or documents for my own hearing?
Yes. In a formal proceeding, a party may apply in writing to the presiding officer for subpoenas for witnesses or documents. The application should describe the relevance, materiality and scope of the evidence sought.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: Licensing and FAQs · All Licensing Boards
Related situations: Got a Letter From the Board? · Meeting a Board Investigator · Answering an Order to Show Cause · Board Hearings · Consent Agreements
Last reviewed October 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.