334.127. Subpoenas for witnesses, administration of oaths--enforcing subpoena, procedure. - Missouri Statutes

Subpoenas for witnesses, administration of oaths--enforcing subpoena,procedure.

334.127. 1. The president or secretary of the board mayadminister oaths, subpoena witnesses, issue subpoenas duces tecumand require production of documents and records. Subpoenas,including subpoenas duces tecum, shall be served by a personauthorized to serve subpoenas of courts of record. In lieu ofrequiring attendance of a person to produce original documents inresponse to a subpoena duces tecum, the board may require sworncopies of such documents to be filed with it or delivered to itsdesignated representative.

2. The board may enforce its subpoenas, including subpoenaduces tecum, by applying to a circuit court of Cole County, thecounty of the investigation, hearing or proceeding, or any countywhere the person resides or may be found, for an order upon anyperson who shall fail to obey a subpoena to show cause why suchsubpoena should not be enforced, which such order and a copy ofthe application therefore shall be served upon the person in thesame manner as a summons in a civil action, and if the circuitcourt shall, after a hearing, determine that the subpoena shouldbe sustained and enforced, such court shall proceed to enforcethe subpoena in the same manner as though the subpoena had beenissued in a civil case in the circuit court.

(L. 1959 S.B. 50 § 2, A.L. 1987 H.B. 667, et al.)

(2001) As applied to licensed physician who served as medical director for administrator of employee benefits plan, section is not preempted by Employee Retirement Income Security Act; the physician's finding of medical necessity was a medical decision reviewable by State Board of Registration for the Healing Arts. State Board of Registration for the Healing Arts v. Fallon, 41 S.W.3d 474 (Mo.banc).