SB 323

UNOFFICIAL COPY  26 RS SB 323/GA
1AN ACT relating to the production of medical records.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 422.305 is amended to read as follows:
4 (1)     (a)     When a subpoena duces tecum is served upon any employee of any medical
5provider[hospital], requiring the production of any[ such] medical charts or
6records at any action or proceeding, it is sufficient if the employee of the
7medical provider[hospital] charged with the responsibility of being custodian
8of the original charts or records[thereof] promptly notifies, in writing, the
9attorney for the party causing service of the subpoena, of the medical
10provider's[hospital's] election to proceed under the provisions of KRS
11422.300 to 422.330 and of the estimated actual and reasonable expenses of
12reproducing the requested[such] charts or records.
13(b)     Upon receipt of the[such] notification, the attorney causing the service of the
14subpoena shall notify all other attorneys of record, or other parties if they are
15not represented by attorneys, of the medical provider's[hospital's] election.
16(c)     Following the medical provider's[such] election, the employee of the medical
17provider[hospital] charged with the responsibility of being custodian of the
18original charts or records specified in the subpoena shall hold the originals
19available at the medical provider's facility[hospital], and upon payment to the
20medical provider[hospital] of the estimated reproduction expenses by the
21party causing service of the subpoena, or by any other party, shall promptly
22deliver, by certified mail or by personal delivery, legible and durable copies,
23certified by the medical provider's[said hospital] employee, of all medical
24charts or records specified in the[such] subpoena to the person specified in the
25subpoena.
26 (2)     (a)     The certification shall be signed before a notary public by the employee of the
27medical facility[hospital] charged with[ the responsibility of] being the
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1custodian of the records and shall include the full name of the patient, the
2patient's medical record number, the number of pages in the medical record,
3and a legend substantially to the following effect: "The copies of records for
4which this certification is made are true and complete reproductions of the
5original or microfilmed medical records which are housed in (name of
6medical provider[hospital]). The original records were made in the regular
7course of business, and it was the regular course of (name of medical
8provider[hospital]) to make the[such] records at or near the time of the matter
9recorded. This certification is given pursuant to KRS .... by the custodian of
10the records in lieu of his or her personal appearance."
11(b)     1.      The[Such] copies shall be separately enclosed and sealed in an inner
12envelope or wrapper bearing the legend "Copies of Medical Records.[,]"
132.      [and ]The title and number of the action or proceeding, the date of the
14subpoena, the name of the medical provider[hospital], the full name of
15the patient, the patient's medical record number, and the name and
16business telephone number of the employee making the certification,
17together with[and] the sealed envelope or wrapper and[, together with]
18the certification, shall then be enclosed and sealed in an outer envelope
19or wrapper, and delivered to the requesting party.
20 (3)     (a)     When the copies of records are personally delivered, a receipt shall be
21presented to the person receiving the records for his or her signature and shall
22be immediately signed and returned to the person delivering the records. The
23receipt shall contain the name of the medical provider[hospital], the full name
24of the patient, the medical record number of the patient, the date the copies of
25records were received, and the signature of the person receiving the records.
26(b)     When the copies of records are sent via certified mail, the receipt used by the
27postal authorities shall be sufficient to prove delivery and receipt of the copies
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1of records.
2 (4)     If the medical provider[hospital] has none of the charts or records specified in the
3subpoena, or only part of the charts or records[thereof], the employee of the
4medical provider[hospital] charged with[ the responsibility of] being the custodian
5of the original medical provider's[hospital] charts or records shall[ so] state that
6fact in a notarized affidavit and, following notice and payment of expenses shall
7hold available the original charts or records which are in the medical
8provider's[hospital's] custody and specified in the subpoena, and shall deliver the
9certified[ the] copies together with the affidavit.
10 (5)     A subpoena duces tecum under subsection (1) of this section shall be served no
11later than fourteen (14) days prior to the date and time set in the subpoena
12commanding the appearance and production of the requested charts or records
13for inspection and copying.
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