§ 9-19-39 Use of photostatic copies.– (a) Use of photostatic copies of medical records – Originals heldavailable. Medical charts or records of any health care facility licensedunder the laws of this state that are susceptible to photostatic reproductionmay be proved as to foundation, identity, and authenticity without anypreliminary testimony by use of legible and durable copies, certified in themanner provided herein by the employee of the health care facility charged withthe responsibility of being custodian of the originals thereof. The copies maybe used in any trial, hearing, deposition, or any other judicial oradministrative action or proceeding, whether civil or criminal, in lieu of theoriginal charts or records which, however, the health care facility shall holdavailable during the pendency of the action of proceeding for inspection andcomparison by the court, tribunal, or hearing officer and by the parties andtheir attorneys of record.
(b) Subpoena of records – Certification of copies– Personal delivery. (1) When a subpoena duces tecum is served uponany employee of any health care facility licensed under the laws of this state,requiring the production of any such medical charts or records at any action orproceeding consistent with the requirements of § 5-37.3-6, it shall bedeemed a sufficient response to the subpoena if the employee of the health carefacility charged with the responsibility of being custodian of the originalthereof promptly notifies the attorney for the party causing service of thesubpoena of the health care facility's election to proceed under the provisionsof this section and of the estimated actual and reasonable expenses ofreproducing the charts or records. Upon the notification, the attorney causingthe service of the subpoena shall notify all other attorneys of record or otherparties if they are not represented by attorneys of the health care facility'selection. Following the election, the employee of the health care facilitycharged with the responsibility of being custodian of the original charts orrecords specified in the subpoena shall hold the originals available at thehealth care facility, and upon payment of their reasonable reproduction expensenot to exceed the sum of twenty-five dollars ($25.00) by the party causingservice of the subpoena, or by any other party, shall promptly deliver, bycertified mail or with thirty (30) minutes advance notice by personal delivery,legible and durable copies, certified by the health care facility employee, ofall medical charts or records specified in the subpoena to the person specifiedin the subpoena.
(2) The certification shall be signed before a notary publicby the employee of the health care facility charged with the responsibility ofbeing custodian of the records and shall include the full name of the patient,the patient's medical record number, the number of pages in the medical record,and a legend substantially to the following effect:
"The copies of records for which this certification is madeare true and complete reproductions of the original or microfilmed medicalrecords which are housed in (name of health care facility). The originalrecords were made in the regular course of business, and it was the regularcourse of (name of health care facility) to make such records at or near thetime of the matter recorded. This certification is given pursuant to RhodeIsland general laws § 9-19-39 by the custodian of the records in lieu ofhis or her personal appearance. Such copies shall be separately enclosed andsealed in an inner envelope or wrapper bearing the legend "Copies of MedicalRecords.' "
(3) When the copies of records are personally delivered areceipt shall be presented to the person receiving the records for his or hersignature and shall be immediately signed and returned to the person deliveringthe records. The receipt shall contain the name of the health care facility,the full name of the patient, the date the copies of records were received, andthe signature of the person receiving the records. When the copies of therecords are sent via certified mail, the receipt used by the postal authoritiesshall be sufficient to prove delivery and receipt of the copies of records.
(4) If the health care facility has none of the charts orrecords specified in the subpoena, or only a part thereof, the employee of thehealth care facility charged with the responsibility of being custodian oforiginal hospital charts or records shall so state in a notarized affidavitand, following notice and payment of expenses, shall hold available theoriginal charts or records which are in the health care facility's custody andspecified in the subpoena and shall deliver the certified copies together withthe affidavit.
(5) Any patient whose medical records or charts are copiedand delivered pursuant to subdivisions (b)(1) through (b)(4), any person actingon the patient's behalf, and the health care facility having custody of therecords, shall have standing to apply to the court or other body before whichthe action or proceeding is pending for a protective order denying,restricting, or otherwise limiting access to and use of the copies or originalcharts and records.
(c) Opening of sealed envelopes. The copy of therecords shall remain sealed and shall be opened only at the time of trial,deposition, or other hearing, upon the direction of the judge, court, officer,attorney, body, or tribunal conducting the proceeding, in the presence of allparties who have appeared in person or by counsel at the trial, deposition, orhearing. Before directing that the inner-envelope or wrapper be opened, thejudge, court, officer, attorney, body, or tribunal shall first ascertain thateither:
(1) The records have been subpoenaed in accordance with§ 5-37.3-6; or
(2) The patient involved or someone authorized in his or herbehalf to do so for him or her has consented thereto in accordance with §5-37.3-4.
(d) Return of medical records to court clerk. When thecopies of records are delivered to a party or his or her attorney of record foruse in a deposition, they shall, after termination of the deposition, bedelivered personally or by certified mail to the clerk of the court or otherbody before which the action or proceeding is pending, and it shall be theresponsibility of the party or attorney to transmit the receipt obtained to theemployee of the health care facility charged with responsibility of beingcustodian of the original records. When the records are received by the clerkof the court or other body from a health care facility or from a party or hisor her attorney of record they shall be retained in the clerk's custody,consistent with the requirements of § 5-37.3-4(c), at all times exceptwhen actually used in the action or proceeding. Nothing herein shall beconstrued to prevent the attorneys of record in the case from retaining copiesof the records obtained at the deposition. Upon issuance of a final orderterminating a case, the copies of the records will be promptly filed in amanner that protects the confidentiality of the medical information containedtherein consistent with the requirements of § 5-37.3-4(c) by the clerk ofthe court with all other documents pertaining to the case until such a time asthe normal retention period for court records expires. The copies of recordsshall then be permanently disposed of by the clerk in a manner that protectsthe confidentiality of the medical information contained therein. Should thecase be appealed, the copies of records shall be forwarded to the appellatecourt with other documents pertaining to the case and retained and disposed ofin the manner previously described.
(e) Obtaining personal attendance of custodian. Thepersonal attendance of the employee of the health care facility charged withthe responsibility of being the custodian of the original charts or recordsspecified in the subpoena shall be required if the subpoena duces tecumcontains a clause which reads:
"The procedure authorized pursuant to § 9-19-39 will notbe deemed sufficient compliance with this subpoena."
(f) Obtaining personal attendance of custodian andproduction of original record. The personal attendance of the employee ofthe health care facility charged with the responsibility of being the custodianof the original charts or records specified in the subpoena and the productionof the original record shall be required if the subpoena duces tecum contains aclause which reads:
"Original records are required, and the procedure authorizedpursuant to § 9-19-39 will not be deemed sufficient compliance with thissubpoena."
§ 9-19-39 Use of photostatic copies.– (a) Use of photostatic copies of medical records – Originals heldavailable. Medical charts or records of any health care facility licensedunder the laws of this state that are susceptible to photostatic reproductionmay be proved as to foundation, identity, and authenticity without anypreliminary testimony by use of legible and durable copies, certified in themanner provided herein by the employee of the health care facility charged withthe responsibility of being custodian of the originals thereof. The copies maybe used in any trial, hearing, deposition, or any other judicial oradministrative action or proceeding, whether civil or criminal, in lieu of theoriginal charts or records which, however, the health care facility shall holdavailable during the pendency of the action of proceeding for inspection andcomparison by the court, tribunal, or hearing officer and by the parties andtheir attorneys of record.
(b) Subpoena of records – Certification of copies– Personal delivery. (1) When a subpoena duces tecum is served uponany employee of any health care facility licensed under the laws of this state,requiring the production of any such medical charts or records at any action orproceeding consistent with the requirements of § 5-37.3-6, it shall bedeemed a sufficient response to the subpoena if the employee of the health carefacility charged with the responsibility of being custodian of the originalthereof promptly notifies the attorney for the party causing service of thesubpoena of the health care facility's election to proceed under the provisionsof this section and of the estimated actual and reasonable expenses ofreproducing the charts or records. Upon the notification, the attorney causingthe service of the subpoena shall notify all other attorneys of record or otherparties if they are not represented by attorneys of the health care facility'selection. Following the election, the employee of the health care facilitycharged with the responsibility of being custodian of the original charts orrecords specified in the subpoena shall hold the originals available at thehealth care facility, and upon payment of their reasonable reproduction expensenot to exceed the sum of twenty-five dollars ($25.00) by the party causingservice of the subpoena, or by any other party, shall promptly deliver, bycertified mail or with thirty (30) minutes advance notice by personal delivery,legible and durable copies, certified by the health care facility employee, ofall medical charts or records specified in the subpoena to the person specifiedin the subpoena.
(2) The certification shall be signed before a notary publicby the employee of the health care facility charged with the responsibility ofbeing custodian of the records and shall include the full name of the patient,the patient's medical record number, the number of pages in the medical record,and a legend substantially to the following effect:
"The copies of records for which this certification is madeare true and complete reproductions of the original or microfilmed medicalrecords which are housed in (name of health care facility). The originalrecords were made in the regular course of business, and it was the regularcourse of (name of health care facility) to make such records at or near thetime of the matter recorded. This certification is given pursuant to RhodeIsland general laws § 9-19-39 by the custodian of the records in lieu ofhis or her personal appearance. Such copies shall be separately enclosed andsealed in an inner envelope or wrapper bearing the legend "Copies of MedicalRecords.' "
(3) When the copies of records are personally delivered areceipt shall be presented to the person receiving the records for his or hersignature and shall be immediately signed and returned to the person deliveringthe records. The receipt shall contain the name of the health care facility,the full name of the patient, the date the copies of records were received, andthe signature of the person receiving the records. When the copies of therecords are sent via certified mail, the receipt used by the postal authoritiesshall be sufficient to prove delivery and receipt of the copies of records.
(4) If the health care facility has none of the charts orrecords specified in the subpoena, or only a part thereof, the employee of thehealth care facility charged with the responsibility of being custodian oforiginal hospital charts or records shall so state in a notarized affidavitand, following notice and payment of expenses, shall hold available theoriginal charts or records which are in the health care facility's custody andspecified in the subpoena and shall deliver the certified copies together withthe affidavit.
(5) Any patient whose medical records or charts are copiedand delivered pursuant to subdivisions (b)(1) through (b)(4), any person actingon the patient's behalf, and the health care facility having custody of therecords, shall have standing to apply to the court or other body before whichthe action or proceeding is pending for a protective order denying,restricting, or otherwise limiting access to and use of the copies or originalcharts and records.
(c) Opening of sealed envelopes. The copy of therecords shall remain sealed and shall be opened only at the time of trial,deposition, or other hearing, upon the direction of the judge, court, officer,attorney, body, or tribunal conducting the proceeding, in the presence of allparties who have appeared in person or by counsel at the trial, deposition, orhearing. Before directing that the inner-envelope or wrapper be opened, thejudge, court, officer, attorney, body, or tribunal shall first ascertain thateither:
(1) The records have been subpoenaed in accordance with§ 5-37.3-6; or
(2) The patient involved or someone authorized in his or herbehalf to do so for him or her has consented thereto in accordance with §5-37.3-4.
(d) Return of medical records to court clerk. When thecopies of records are delivered to a party or his or her attorney of record foruse in a deposition, they shall, after termination of the deposition, bedelivered personally or by certified mail to the clerk of the court or otherbody before which the action or proceeding is pending, and it shall be theresponsibility of the party or attorney to transmit the receipt obtained to theemployee of the health care facility charged with responsibility of beingcustodian of the original records. When the records are received by the clerkof the court or other body from a health care facility or from a party or hisor her attorney of record they shall be retained in the clerk's custody,consistent with the requirements of § 5-37.3-4(c), at all times exceptwhen actually used in the action or proceeding. Nothing herein shall beconstrued to prevent the attorneys of record in the case from retaining copiesof the records obtained at the deposition. Upon issuance of a final orderterminating a case, the copies of the records will be promptly filed in amanner that protects the confidentiality of the medical information containedtherein consistent with the requirements of § 5-37.3-4(c) by the clerk ofthe court with all other documents pertaining to the case until such a time asthe normal retention period for court records expires. The copies of recordsshall then be permanently disposed of by the clerk in a manner that protectsthe confidentiality of the medical information contained therein. Should thecase be appealed, the copies of records shall be forwarded to the appellatecourt with other documents pertaining to the case and retained and disposed ofin the manner previously described.
(e) Obtaining personal attendance of custodian. Thepersonal attendance of the employee of the health care facility charged withthe responsibility of being the custodian of the original charts or recordsspecified in the subpoena shall be required if the subpoena duces tecumcontains a clause which reads:
"The procedure authorized pursuant to § 9-19-39 will notbe deemed sufficient compliance with this subpoena."
(f) Obtaining personal attendance of custodian andproduction of original record. The personal attendance of the employee ofthe health care facility charged with the responsibility of being the custodianof the original charts or records specified in the subpoena and the productionof the original record shall be required if the subpoena duces tecum contains aclause which reads:
"Original records are required, and the procedure authorizedpursuant to § 9-19-39 will not be deemed sufficient compliance with thissubpoena."
§ 9-19-39 Use of photostatic copies.– (a) Use of photostatic copies of medical records – Originals heldavailable. Medical charts or records of any health care facility licensedunder the laws of this state that are susceptible to photostatic reproductionmay be proved as to foundation, identity, and authenticity without anypreliminary testimony by use of legible and durable copies, certified in themanner provided herein by the employee of the health care facility charged withthe responsibility of being custodian of the originals thereof. The copies maybe used in any trial, hearing, deposition, or any other judicial oradministrative action or proceeding, whether civil or criminal, in lieu of theoriginal charts or records which, however, the health care facility shall holdavailable during the pendency of the action of proceeding for inspection andcomparison by the court, tribunal, or hearing officer and by the parties andtheir attorneys of record.
(b) Subpoena of records – Certification of copies– Personal delivery. (1) When a subpoena duces tecum is served uponany employee of any health care facility licensed under the laws of this state,requiring the production of any such medical charts or records at any action orproceeding consistent with the requirements of § 5-37.3-6, it shall bedeemed a sufficient response to the subpoena if the employee of the health carefacility charged with the responsibility of being custodian of the originalthereof promptly notifies the attorney for the party causing service of thesubpoena of the health care facility's election to proceed under the provisionsof this section and of the estimated actual and reasonable expenses ofreproducing the charts or records. Upon the notification, the attorney causingthe service of the subpoena shall notify all other attorneys of record or otherparties if they are not represented by attorneys of the health care facility'selection. Following the election, the employee of the health care facilitycharged with the responsibility of being custodian of the original charts orrecords specified in the subpoena shall hold the originals available at thehealth care facility, and upon payment of their reasonable reproduction expensenot to exceed the sum of twenty-five dollars ($25.00) by the party causingservice of the subpoena, or by any other party, shall promptly deliver, bycertified mail or with thirty (30) minutes advance notice by personal delivery,legible and durable copies, certified by the health care facility employee, ofall medical charts or records specified in the subpoena to the person specifiedin the subpoena.
(2) The certification shall be signed before a notary publicby the employee of the health care facility charged with the responsibility ofbeing custodian of the records and shall include the full name of the patient,the patient's medical record number, the number of pages in the medical record,and a legend substantially to the following effect:
"The copies of records for which this certification is madeare true and complete reproductions of the original or microfilmed medicalrecords which are housed in (name of health care facility). The originalrecords were made in the regular course of business, and it was the regularcourse of (name of health care facility) to make such records at or near thetime of the matter recorded. This certification is given pursuant to RhodeIsland general laws § 9-19-39 by the custodian of the records in lieu ofhis or her personal appearance. Such copies shall be separately enclosed andsealed in an inner envelope or wrapper bearing the legend "Copies of MedicalRecords.' "
(3) When the copies of records are personally delivered areceipt shall be presented to the person receiving the records for his or hersignature and shall be immediately signed and returned to the person deliveringthe records. The receipt shall contain the name of the health care facility,the full name of the patient, the date the copies of records were received, andthe signature of the person receiving the records. When the copies of therecords are sent via certified mail, the receipt used by the postal authoritiesshall be sufficient to prove delivery and receipt of the copies of records.
(4) If the health care facility has none of the charts orrecords specified in the subpoena, or only a part thereof, the employee of thehealth care facility charged with the responsibility of being custodian oforiginal hospital charts or records shall so state in a notarized affidavitand, following notice and payment of expenses, shall hold available theoriginal charts or records which are in the health care facility's custody andspecified in the subpoena and shall deliver the certified copies together withthe affidavit.
(5) Any patient whose medical records or charts are copiedand delivered pursuant to subdivisions (b)(1) through (b)(4), any person actingon the patient's behalf, and the health care facility having custody of therecords, shall have standing to apply to the court or other body before whichthe action or proceeding is pending for a protective order denying,restricting, or otherwise limiting access to and use of the copies or originalcharts and records.
(c) Opening of sealed envelopes. The copy of therecords shall remain sealed and shall be opened only at the time of trial,deposition, or other hearing, upon the direction of the judge, court, officer,attorney, body, or tribunal conducting the proceeding, in the presence of allparties who have appeared in person or by counsel at the trial, deposition, orhearing. Before directing that the inner-envelope or wrapper be opened, thejudge, court, officer, attorney, body, or tribunal shall first ascertain thateither:
(1) The records have been subpoenaed in accordance with§ 5-37.3-6; or
(2) The patient involved or someone authorized in his or herbehalf to do so for him or her has consented thereto in accordance with §5-37.3-4.
(d) Return of medical records to court clerk. When thecopies of records are delivered to a party or his or her attorney of record foruse in a deposition, they shall, after termination of the deposition, bedelivered personally or by certified mail to the clerk of the court or otherbody before which the action or proceeding is pending, and it shall be theresponsibility of the party or attorney to transmit the receipt obtained to theemployee of the health care facility charged with responsibility of beingcustodian of the original records. When the records are received by the clerkof the court or other body from a health care facility or from a party or hisor her attorney of record they shall be retained in the clerk's custody,consistent with the requirements of § 5-37.3-4(c), at all times exceptwhen actually used in the action or proceeding. Nothing herein shall beconstrued to prevent the attorneys of record in the case from retaining copiesof the records obtained at the deposition. Upon issuance of a final orderterminating a case, the copies of the records will be promptly filed in amanner that protects the confidentiality of the medical information containedtherein consistent with the requirements of § 5-37.3-4(c) by the clerk ofthe court with all other documents pertaining to the case until such a time asthe normal retention period for court records expires. The copies of recordsshall then be permanently disposed of by the clerk in a manner that protectsthe confidentiality of the medical information contained therein. Should thecase be appealed, the copies of records shall be forwarded to the appellatecourt with other documents pertaining to the case and retained and disposed ofin the manner previously described.
(e) Obtaining personal attendance of custodian. Thepersonal attendance of the employee of the health care facility charged withthe responsibility of being the custodian of the original charts or recordsspecified in the subpoena shall be required if the subpoena duces tecumcontains a clause which reads:
"The procedure authorized pursuant to § 9-19-39 will notbe deemed sufficient compliance with this subpoena."
(f) Obtaining personal attendance of custodian andproduction of original record. The personal attendance of the employee ofthe health care facility charged with the responsibility of being the custodianof the original charts or records specified in the subpoena and the productionof the original record shall be required if the subpoena duces tecum contains aclause which reads:
"Original records are required, and the procedure authorizedpursuant to § 9-19-39 will not be deemed sufficient compliance with thissubpoena."
