KRS § 422.305 — KY Code / Title XXXVIII / Chapter 422 / Section 422.305
422.305 Subpoena of records -- Certification of copies -- Personal delivery
Status: in_force

422.305 Subpoena of records -- Certification of copies -- Personal delivery.

(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.