The court or agency compelling the production of medical records or of reproductions thereof pursuant to subsections (a) and (c) of Code Section 24-10-71 shall in civil cases and administrative proceedings, except upon pauper's affidavit, provide for payment in advance to the institution keeping the records of the reasonable costs of reproduction and reasonable costs incident to the transportation of the records. No institution or person shall be held in contempt or otherwise penalized for failure of production unless it appears of record that the costs provided in this Code section have been established and tendered. When the institution, at the time of service of a subpoena or order for production, is a party to the proceeding, the court or agency may in its discretion defer such costs and award them with the other costs in the proceeding.