AN ACT relating to the production of medical records.
Summary
SB323 amends Kentucky law governing subpoenas for medical records. The bill updates KRS 422.305 to clarify the process when a subpoena duces tecum is served on an employee of a medical provider for medical charts or records. It preserves the existing option for the provider to elect to produce certified copies rather than the original records, while specifying notice, payment, certification, sealing, delivery, and receipt requirements.
The bill also standardizes the contents of the custodian’s certification and the envelopes used to transmit records, and it requires a notarized affidavit when a provider has none or only part of the requested records. In addition, it sets a minimum service period of 14 days before the subpoena return date for inspection and copying of the requested records.
Impact
SB323 would primarily affect KRS 422.305 and related procedures in Kentucky civil and administrative proceedings involving subpoenas for medical records. It would not change who may request records, but it would refine the obligations of medical providers, record custodians, attorneys, and parties by clarifying how records are certified, packaged, delivered, and documented, and by establishing a 14-day advance service requirement.
Sentiment
The available voting history suggests the bill was received favorably in the Senate, passing third reading unanimously by a 31-0 vote. No committee transcript is available, so there is no recorded floor or committee debate in the provided materials. Overall, the bill appears to have been noncontroversial and procedural in nature.
Contention
No specific points of contention are reflected in the provided record. Because there are no committee transcripts, any disagreements that may have existed are not documented here. The only potentially sensitive issues implied by the text are the administrative burdens on medical providers and the timing requirements for subpoenas, but the unanimous vote suggests these did not generate notable opposition in the Senate.