Sec. 9. If the hospital does not have the hospital medical records or has only a part of the hospital medical records specified in the subpoena, the hospital employee with custody of the original hospital medical records shall:

(1) execute an affidavit, either notarized or by affirmation, stating that the hospital does not have or has only a part of the subpoenaed hospital medical records; and

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Terms Used In Indiana Code 34-43-1-9

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Subpoena: A command to a witness to appear and give testimony.
(2) follow the procedures in sections 5 through 8 of this chapter in delivering the part of the hospital medical records that are in the hospital’s possession.

[Pre-1998 Recodification Citation: 34-3-15.5-6(e).]

As added by P.L.1-1998, SEC.39.