422.305 Subpoena of records -- Certification of copies -- Personal delivery.
635 words·~3 min read·
/ky/chapter-422/422-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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.
(3)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.
(4)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.