(a) The medical records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:

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Terms Used In Hawaii Revised Statutes 622-53

  • 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.
  • Medical facility: means a hospital operated by a public entity, a hospital licensed under chapter 321, the office of a medical group practice, a licensed physician's office, or any other type of facility where medical records relating to the care or treatment of a patient are kept. See Hawaii Revised Statutes 622-51
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
(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; and
(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.

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