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422.305 Subpoena of records -- Certification of copies -- Personal delivery.
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When a subpoena duces tecum is served upon any employee of any hospital,
requiring the production of any such medical charts or records at any action or
proceeding, it is sufficient if the employee of the hospital charged with the
responsibility of being custodian of the original thereof promptly notifies, in
writing, the attorney for the party causing service of the subpoena, of the
hospital's election to proceed under the provisions of KRS 422.300 to 422.330
and of the estimated actual and reasonable expenses of reproducing such
charts or records. Upon such notification, the attorney causing the service of
the subpoena shall notify all other attorneys of record or other parties if they
are not represented by attorneys of the hospital's election. Following such
election, the employee of the hospital charged with the responsibility of being
custodian of the original charts or records specified in the subpoena shall hold
the originals available at the hospital, and upon payment to the hospital of the
estimated reproduction expenses by the party causing service of the
subpoena, or by any other party, shall promptly deliver, by certified mail or by
personal delivery, legible and durable copies, certified by said hospital
employee, of all medical charts or records specified in such subpoena to the
person specified in the subpoena.
The certification shall be signed before a notary public by the employee of the
hospital charged with the responsibility of being custodian of the records and
shall include the full name of the patient, the patient's medical record number,
the number of pages in the medical record, and a legend substantially to the
following effect: "The copies of records for which this certification is made are
true and complete reproductions of the original or microfilmed medical records
which are housed in (name of hospital). The original records were made in the
regular course of business, and it was the regular course of (name of hospital)
to make such records at or near the time of the matter recorded. This
certification is given pursuant to KRS .... by the custodian of the records in lieu
of his or her personal appearance." Such copies shall be separately enclosed
and sealed in an inner envelope or wrapper bearing the legend "Copies of
Medical Records," and the title and number of the action or proceeding, the
date of the subpoena, the name of the hospital, the full name of the patient, the
patient's medical record number and the name and business telephone number
of the employee making the certification, and the sealed envelope or wrapper,
together with the certification, shall then be enclosed and sealed in an outer
envelope or wrapper, and delivered to the requesting party.
When the copies of records are personally delivered, a receipt shall be
presented to the person receiving the records for his signature and shall be
immediately signed and returned to the person delivering the records. The
receipt shall contain the name of the hospital, the full name of the patient, the
medical record number of the patient, the date the copies of records were
received, and the signature of the person receiving the records. When the
copies of records are sent via certified mail, the receipt used by the postal
authorities shall be sufficient to prove delivery and receipt of the copies of
records.
If the hospital has none of the charts or records specified in the subpoena, or
only part thereof, the employee of the hospital charged with the responsibility of
being custodian of original hospital charts or records shall so state in a
notarized affidavit and, following notice and payment of expenses shall hold
available the original charts or records which are in the hospital's custody and
specified in the subpoena and shall deliver certified the copies together with
the affidavit.
Effective:June 17, 1978
History: Created 1978 Ky. Acts ch. 109, sec. 2, effective June 17, 1978.
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