{"data":{"id":"us-ky/krs-422.305","jurisdiction":"us-ky","citation":"KRS 422.305","heading":"Subpoena of records -- Certification of copies -- Personal delivery.","body":"(1) When a subpoena duces tecum is served upon any employee of any hospital,\nrequiring the production of any such medical charts or records at any action or\nproceeding, it is sufficient if the employee of the hospital charged with the\nresponsibility of being c ustodian of the original thereof promptly notifies, in\nwriting, the attorney for the party causing service of the subpoena, of the hospital's\nelection to proceed under the provisions of KRS 422.300 to 422.330 and of the\nestimated actual and reasonable expe nses of reproducing such charts or records.\nUpon such notification, the attorney causing the service of the subpoena shall notify\nall other attorneys of record or other parties if they are not represented by attorneys\nof the hospital's election. Following such election, the employee of the hospital\ncharged with the responsibility of being custodian of the original charts or records\nspecified in the subpoena shall hold the originals available at the hospital, and upon\npayment to the hospital of the estimated  reproduction expenses by the party causing\nservice of the subpoena, or by any other party, shall promptly deliver, by certified\nmail or by personal delivery, legible and durable copies, certified by said hospital\nemployee, of all medical charts or records  specified in such subpoena to the person\nspecified in the subpoena.\n(2) The certification shall be signed before a notary public by the employee of the\nhospital charged with the responsibility of being custodian of the records and shall\ninclude the full n ame of the patient, the patient's medical record number, the\nnumber of pages in the medical record, and a legend substantially to the following\neffect: \"The copies of records for which this certification is made are true and\ncomplete reproductions of the o riginal or microfilmed medical records which are\nhoused in (name of hospital). The original records were made in the regular course\nof business, and it was the regular course of (name of hospital) to make such\nrecords at or near the time of the matter reco rded. This certification is given\npursuant to KRS .... by the custodian of the records in lieu of his or her personal\nappearance.\" Such copies shall be separately enclosed and sealed in an inner\nenvelope or wrapper bearing the legend \"Copies of Medical Rec ords,\" and the title\nand number of the action or proceeding, the date of the subpoena, the name of the\nhospital, the full name of the patient, the patient's medical record number and the\nname and business telephone number of the employee making the certifi cation, and\nthe sealed envelope or wrapper, together with the certification, shall then be\nenclosed and sealed in an outer envelope or wrapper, and delivered to the requesting\nparty.\n(3) When the copies of records are personally delivered, a receipt shall be presented to\nthe person receiving the records for his signature and shall be immediately signed\nand returned to the person delivering the records. The receipt shall contain the name\nof the hospital, the full name of the patient, the medical record numbe r of the\npatient, the date the copies of records were received, and the signature of the person\nreceiving the records. When the copies of records are sent via certified mail, the\nreceipt used by the postal authorities shall be sufficient to prove delivery and receipt\nof the copies of records.\n(4) If the hospital has none of the charts or records specified in the subpoena, or only\npart thereof, the employee of the hospital charged with the responsibility of being\ncustodian of original hospital charts or reco rds shall so state in a notarized affidavit\nand, following notice and payment of expenses shall hold available the original\ncharts or records which are in the hospital's custody and specified in the subpoena\nand shall deliver certified the copies together with the affidavit.","path":["KRS Chapter 422"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18142","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:39Z","sha256":"c61c4a2298e8ae5dc29309c867f720f8e013a496ba36aa037c793cddcfd4be44","source_id":"us-ky","stale":false,"prev":"us-ky/krs-422.300","next":"us-ky/krs-422.310"},"notice":"GroundRules: Original legal text. Not legal advice."}