2005 Idaho Code - 9-420 — PROOF OF HOSPITAL MEDICAL CHARTS OR RECORDS BY CERTIFIED COPY AND COMPLIANCE WITH SUBPOENA DUCES TECUM FOR PRODUCTION THEREOF

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 4
                               PRIVATE WRITINGS
    9-420.  PROOF OF HOSPITAL MEDICAL CHARTS OR RECORDS BY CERTIFIED COPY AND
COMPLIANCE WITH SUBPOENA DUCES TECUM FOR PRODUCTION THEREOF. 1. Medical charts
or records of hospitals licensed in this state may be proved as to foundation,
identity and authenticity by use of a legible and durable copy, certified upon
verification by an employee of the hospital charged with the responsibility of
being custodian of the originals thereof and empowered by said hospital to
make such verified certifications. Said copy may be used in any proceeding in
lieu of the original which, however, the hospital shall hold available during
the pendency of the cause or proceeding for inspection and comparison by the
court, tribunal or hearing officer and by the parties and their attorneys of
record. A hospital wishing to avail itself of this section shall at any time
prior to the time for proof of said charts and records, place on file with the
clerk of the court or with the other body or agency conducting the proceeding
a certified copy of a resolution of the governing board of such hospital,
authorizing and identifying such employee.
    2.  When a subpoena duces tecum is served upon any employee of such a
hospital, and requires the production of any such medical charts or records at
trial, deposition or any other proceeding, it is sufficient compliance
therewith if a hospital employee charged with the responsibility of being
custodian of the originals thereof promptly notifies the party causing service
of the subpoena, or his attorney of record, together with all other parties to
the proceeding in which the subpoena was issued and of which parties he has
reasonable notice, or their attorneys of record, of the hospital's election to
proceed under the provisions hereof and of the estimated actual and reasonable
expenses of reproducing such charts or records. Following such notification,
the hospital employee charged with custodian responsibility for the original
charts or records specified in the subpoena shall hold the same available at
the hospital, and upon payment to the hospital of said estimated reproduction
expenses shall promptly deliver, by mail or otherwise, a true, legible and
durable copy of all medical charts or records specified in such subpoena,
certified upon his verification, to the clerk of the court before which said
proceeding is pending, or to the officer, body or tribunal before which said
proceeding is pending if it be not before a court of this state. Such copies
shall be delivered after being separately inclosed and sealed in an inner
envelope or wrapper, with the title and number of the action, cause or
proceeding, the name of such hospital, the name of the hospital employee
making such certification and verification and the date of the subpoena
clearly inscribed thereon, and the sealed envelope or wrapper shall then be
inclosed and sealed in an outer envelope or wrapper, and delivered as
aforesaid.
    If the hospital has none of the charts or records specified in the
subpoena, or only part thereof, an employee having custodial responsibility
for original hospital charts or records shall so state in an affidavit and
following notice and payment of expenses as hereinabove provided shall hold
available such original charts or records as are in the hospital's custody and
specified in the subpoena and shall deliver copies thereof certified upon his
verification together with said affidavit, in the manner hereinabove provided.
    3.  The personal attendance of the hospital employee having custodial
responsibility for the original charts or records specified in the subpoena is
required if the subpoena contains a clause providing substantially as follows:
"The personal attendance of a hospital employee having custodial
responsibility for the original charts or records specified herein is required
by this subpoena. The procedure outlined in section 9-420, Idaho Code, shall
not be sufficient compliance herewith." If the subpoena duces tecum requires
the attendance of a hospital employee in the above manner, said requirement
shall be deemed satisfied by the personal attendance of any hospital employee
whose name has been lodged with the court or other body as provided in
subsection 1 of this section. If personal attendance of a witness is required
in the manner herein provided, the hospital may nevertheless elect to
substitute true, legible and durable copies of the charts or records specified
in the subpoena duces tecum by the giving of a notice of such election in the
manner hereinabove set forth, in which case payment to the hospital of the
actual and reasonable expenses of duplication of such charts or records by any
party to the proceeding in which the subpoena was issued, or such party's
attorney of record, shall be a condition precedent to the personal attendance
of any person pursuant to said subpoena, unless otherwise ordered by the court
or other body before which said proceeding is pending.
    4.  Any patient whose medical records or charts are thus copied and
delivered, any person acting on his behalf, the hospital having custody of
such records, or any physician, nurse or other person responsible for entries
on such charts or records shall have standing to apply to the court or other
body before which the cause or proceeding is pending for a protective order
denying, restricting or otherwise limiting access and use of such copies or
original charts and records. Such patients, persons, hospitals, physicians or
nurses who are not parties to the cause or proceeding and who wish to apply
for a protective order may petition to intervene in the cause or proceeding
and simultaneously apply for such a protective order.