No order, subpoena, or subpoena duces tecum for the purpose of obtaining or compelling the production or inspection of medical, hospital, or other records relating to a person's medical treatment, history, or condition, including a subpoena or order issued under Article 1463 and including a subpoena compelling the attendance of the custodian of records or other employee of the health care provider, either by name, title, or position, in connection with such production, shall be granted or issued except as provided in R.S.13:3715.1.
Art. 1469.1.Order Compelling Discovery of Medical Records
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 1995 · Last verified July 30, 2026
In one sentenceArticle 1469.1 bars any court order or subpoena compelling production of a person's medical or hospital records unless it satisfies the separate statutory procedure set out in R.S. 13:3715.1.
Full Text of Art. 1469.1
Amendment History
Acts 1986, No. 1046, §1; Acts 1988, No. 980, §1; Acts 1995, No. 1250, §1.
Plain-English Summary
Medical records get an extra layer of protection in Louisiana discovery. Article 1469.1 blocks any order, subpoena, or subpoena duces tecum aimed at producing or inspecting a person's medical, hospital, or other treatment records -- including one issued under Article 1463's nonparty-subpoena procedure -- unless it complies with R.S. 13:3715.1, a separate statute governing how medical records may be obtained.
The bar also reaches subpoenas that compel a records custodian or other health care provider employee to appear, whether that person is named individually or identified only by title or position. The point is that no discovery route -- not a party subpoena, not a nonparty subpoena, not a custom order from the court -- gets around the dedicated statutory procedure for medical records.
Frequently Asked Questions
Can a party subpoena someone's medical records directly through ordinary discovery?
No. Any order or subpoena for medical or hospital records must comply with R.S. 13:3715.1's separate procedure, regardless of which discovery article would otherwise apply.
Does this rule cover subpoenas compelling a records custodian to appear?
Yes, expressly, whether the custodian or other employee is identified by name, title, or position.
Why does Louisiana give medical records this extra layer of procedure?
Medical treatment records are sensitive, and the Code channels every route for compelling their production through one dedicated statute rather than leaving it to the ordinary discovery articles alone.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: compel medical recordsmedical records subpoenahospital records subpoenaR.S. 13:3715.1