State Health Records Privacy Law Applies to Criminal Subpoena Duces Tecum

In the case of Hairston v. Commonwalth, the Virginia Court of Appeals, in a published opinion, upheld a trial court’s decision to quash a subpoena duces tecum to a sex crime victim’s therapist, because the Defendant failed to comply with state law requiring *. Affidavit and notice to the prosecution was not enough. The Defendant had to give the victim notice and an opportunity to quash the subpoena.