[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2.5]

[Page 9]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 2--TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY--Table of Contents
 
Sec. 2.5  Subpoenas duces tecum.

    (a) Subpoenas duces tecum for records of the Department of Health 
and Human Services shall be deemed a request for records under the 
Freedom of Information Act and shall be handled pursuant to the rules 
governing public disclosure established in 45 CFR Part 5.
    (b) Whenever a subpoena duces tecum, in appropriate form, has been 
lawfully served upon a Department of Health and Human Services' employee 
commanding the production of any record, such employee, after 
consultation with the Office of the General Counsel, shall appear in 
response thereto, respectfully decline to produce the record(s) on the 
ground that it is prohibited by this section, and state that the 
production of the record(s) involved will be handled by the procedures 
and disclosure rules established in 45 CFR Part 5.