Question

1. What effect do court orders and subpoenas duces tecum have, separately and in combination, in a substance abuse setting? 2. How should a subpoena duces tecum be handled in a substance abuse setting if not accompanied by court order?

Answer 1

Answer:

1. In a substance abuse setting, a court order authorizes but doesn´t require the disclosure of patient-specific information that would otherwise be forbidden by statute and regulation. However, when combined with a subpoena duces tecum, the disclosure is mandatory as long as there´s no valid legal defense against it.  

Explanation:

2. A subpoena duces tecum is an order to appear or present documents, but alone is not enough to authorize the disclosure of inforamtion that would otherwise be forbidden by statute and regulation.