As used in this part, unless the context otherwise requires: “Custodian” means and includes the medical record practitioner and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, the appropriately designated person of a community mental health center, as well as their deputies and assistants, and any […]
Except as otherwise provided, when a subpoena duces tecum is served upon a custodian of records of any community mental health center or hospital duly licensed under the laws of this state in an action or proceeding in which the hospital is neither a party nor the place where any cause of action is alleged […]
The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed on the envelope or wrapper. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed and […]
Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of 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 presence of […]
The records shall be accompanied by an affidavit of a custodian stating in substance: That the affiant is duly authorized custodian of the records and has authority to certify the records; That the copy is a true copy of all the records described in the subpoena; That the records were prepared by the personnel of […]
The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit. The affidavit shall be admissible in evidence and the matters stated in the affidavit shall be presumed […]
Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause which reads: “The procedure authorized pursuant to § 68-11-402 will not be deemed sufficient compliance with this subpoena.” Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces […]
In view of the property right of the hospital or community mental health center in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing. The custodian may prepare copies of original records in […]
