622-53 Affidavit accompanying medical records. (a) The medical records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:

(1) That the affiant is the duly authorized custodian of the medical records and has authority to certify the medical records;

(2) That the copy is a true copy of all the medical records described in the subpoena; and

(3) That the medical records were prepared by the personnel of the medical facility, staff physicians, or persons acting under the control of either, in the regular course of business at or near the time of the act, condition, or event.

(b) The affidavit shall be notarized by a notary public, who may be the custodian of the medical records; except where the custodian or the custodian's employer is a party to the cause of action or the medical facility is the place where the cause of action is alleged to have arisen and for which the subpoena duces tecum is being served.

(c) If none of the medical records described in the subpoena, or only a part thereof, are available, the custodian shall so state in the affidavit, and deliver the affidavit and such medical records as are available in the manner provided in section 622-52. [L 1971, c 139, pt of 1; am L 1972, c 104, 2(v); gen ch 1985]


Revision Note

Pursuant to 23G-15, in:

(1) Subsection (a)(1), punctuation changed; and

(2) Subsection (a)(2), punctuation changed and "and" added after ending punctuation.



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