§622-52 Subpoena duces tecum for medical
records, compliance.  (a)  Whenever a subpoena duces tecum is served upon
the custodian of medical records or other qualified witness from a medical
facility, in an action or other proceeding on a claim for personal injuries in
which the custodian or the custodian's employer is neither a party to the
action or proceeding nor is it alleged that the claim arose at the medical
facility, and such subpoena requires the production in court, or before an
officer, board, commission, or tribunal, of all or any part of the medical
records of a patient who is or has been cared for or treated at the medical
facility, it shall be sufficient compliance therewith if the custodian or other
qualified witness within five days after receipt of such subpoena, delivers by
registered or certified mail or by messenger a true and correct copy (which may
be by any method described in rule 1001(4), Hawaii rules of evidence) of all
the medical records described in such subpoena to the clerk of the court or the
clerk's deputy authorized to issue it, together with the affidavit described in
section 622-53.



(b)  The copy of the medical records shall be
separately enclosed in an inner envelope or wrapper, sealed, with the title and
number of the action, name of the custodian or other qualified witness, and
date of the subpoena clearly inscribed thereon; the sealed envelope or wrapper
shall then be enclosed in an outer envelope or wrapper, sealed, and directed as
follows:



(1)  If the subpoena directs attendance in court, to
the clerk of such court or the clerk's deputy authorized to issue it, at the
courthouse.



(2)  In other cases, to the officer, board,
commission, or tribunal conducting the hearing, at the place designated in the
subpoena.



(c)  The copy of the medical records shall
remain sealed and shall be opened only at the time of trial, or other hearing,
upon the direction of the judge, officer, board, commission, or tribunal
conducting the proceeding, in the presence of all parties who have appeared in
person or by counsel at such trial, or hearing, unless the parties or counsel
in the proceeding otherwise agree, or unless the sealed envelope or wrapper is
returned to the custodian or other qualified witness who is to appear
personally.  Copies of medical records which are not introduced in evidence or
required as part of the record shall be returned by registered or certified
mail or by messenger to the person or entity from whom received.  If the copies
of the medical records are introduced in evidence or are required as part of
the record, they shall be returned by registered or certified mail or messenger
to the person or entity from whom received as soon as their use is no longer
needed, after the trial, or other hearing. [L 1971, c 139, pt of §1; am L 1972,
c 104, §2(t), (u); gen ch 1985; am L 1987, c 283, §60; am L 1999, c 87, §4; am
L 2000, c 91, §3]



 



Note



 



  The amendments to this section by L 1999, c 87, §4 and L
2000, c 91, §3 effective July 1, 2001 by L Sp 2000 2d, c 1 were repealed by L
2001, c 244 on June 30, 2001.