§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.



(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]