§ 16-46-306. Admissibility of copies and affidavits
The copy of the record shall be admissible in evidence to the same extent as though the original record was offered and the custodian had been present and testified to the matters stated in the affidavit.
§ 16-46-307. Personal attendance of custodian — Production of original record
(a) Where the personal attendance of the custodian is desired, the subpoena duces tecum shall contain a clause which reads: “The personal attendance of the custodian of records is necessary.” (b) Where both the personal attendance of the custodian and the production of the original record are desired, the subpoena duces tecum shall contain a […]
§ 16-46-308. Substitution of copies for original records
In view of the property right of the hospital or physician’s office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the […]
§ 16-46-401. Title
This subchapter shall be known and may be cited as the “Patient Medical Records Privacy Act”.
§ 16-46-402. Definitions
As used in this subchapter: (1) (A) “Medical records” means hospital or clinic records, physicians’ records, or other healthcare records and includes an admitting form, discharge summary, history and physical, progress notes, physicians’ orders, reports of operations, recovery room records, lab reports, consultation reports, medication records, nurses’ notes, and other reports catalogued and maintained by […]
§ 16-46-403. Notice required
(a) Any party in litigation that receives or obtains a copy of a patient’s medical records from a doctor, hospital, or other custodian of records by using a subpoena, court order, or consent form signed by the patient shall provide written notice of the receipt of the records to the: (1) Patient; or (2) Patient’s […]
§ 16-46-404. Use of medical records at trial
If notice is not given as required by § 16-46-403, a party in litigation shall be prohibited from introducing the patient’s medical records into evidence or referring to the patient’s medical records in any manner in a legal proceeding relating to the patient.
§ 16-46-405. Scope of subchapter
(a) This subchapter shall apply to private litigants in civil actions only and shall not alter the rights, duties, or responsibilities of any person or entity in any other type of legal proceeding, including, but not limited to, actions under the Workers’ Compensation Law, § 11-9-101 et seq. (b) All provisions of this subchapter shall […]
§ 16-46-303. Sealing, identification, and direction of copies
The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, the name of the custodian, and the date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed […]
§ 16-46-304. Opening of sealed envelopes
(a) Unless the sealed envelope or wrapper is returned to the custodian who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or tribunal conducting the proceeding, in the […]