# Texas Law is unenforceable

**URL:** <https://boards.straightdope.com/t/texas-law-is-unenforceable/949994>\
**Category:** Great Debates\
**Created:** [September 2, 2021, 5:21pm UTC](https://boards.straightdope.com/t/texas-law-is-unenforceable/949994 "2021-09-02T17:21:17Z")\
**Posts on this page:** 1\
**Showing post:** 22

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [September 2, 2021, 7:21pm UTC](https://boards.straightdope.com/t/texas-law-is-unenforceable/949994/22 "2021-09-02T19:21:54Z")

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I went into some of it here,

In short court orders are the exception to the privacy rule. Usually medical record subpoenas are not court orders and the record custodian needs “satisfactory assurances” the patient was notified and is okay with the release. Usually the patient will have signed off on the subpoena. In this kind of case the patient will probably ask the court for a protective order or something, otherwise the records custodian (defendant) will require a court order.

(This quoted post was written before I understood that the present law has people suing the providers and not the woman.)

> [@Let me be real clear: this message board does NOT need conservatives](https://boards.straightdope.com/t/let-me-be-real-clear-this-message-board-does-not-need-conservatives/947474/2118):
>
> Okay, let’s say Joe the angry ex sues Jane, claiming Jane had an abortion after the heartbeat standard. Joe’s lawyer wants to produce the medical records that will prove Jane had an abortion, but there are certain rules about producing evidence in court. First of all the clinic isn’t going to give just anybody records, because that is opening themselves up for liability for violating HIPAA. Joe’s lawyer is supposed to ask Jane’s lawyer to voluntarily produce records first. Jane’s lawyer will …

~Max

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