Sec. 5. When a:

(1) subpoena coupled with a request under Rule 34 of the Indiana Rules of Trial Procedure;

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Terms Used In Indiana Code 34-43-1-5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) subpoena coupled with a patient’s written authorization under IC 34-6-2-15(2) (or IC 34-3-15.5-4 before its repeal); or

(3) court order;

requiring the production of a hospital medical record is served upon any hospital employee, the hospital employee with custody of the original hospital medical record may elect, instead of personally appearing and producing the original hospital medical record, to furnish the requesting party or the party’s attorney with a photostatic copy of the hospital medical record, certified in accordance with section 7 of this chapter.

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

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