As used in this subchapter, unless the context otherwise requires: (1) “Custodian” means the medical records librarian and the administrator or other chief officer of a duly licensed hospital, physician’s office, or comprehensive community mental health center in this state and its proprietor, as well as his or her deputies and assistants, and any other […]
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician’s office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician’s office is neither a party nor the place where any cause of action is […]
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 […]
(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 […]
(a) The records shall be accompanied by an affidavit of a custodian stating in substance: (1) That the affiant is the duly authorized custodian of the records and has authority to certify the records; (2) That the copy is a true copy of all the records described in the subpoena; and (3) That the records […]
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.
(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 […]
In view of the property right of the hospital or physician’s office in its records, original records may be withdrawn after introduction into evidence and copies substituted unless otherwise directed by the court, judge, officer, body, or tribunal conducting the hearing.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 […]
