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16-46-302. Furnishing copies of records in compliance with subpoenas.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-302. Furnishing copies of records in compliance with subpoenas.
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the place where any cause of action is alleged to have arisen and such a subpoena requires the production of all or any part of the records of the hospital or physician's office related to the care or treatment of a patient in the hospital or physician's office, then it shall be sufficient compliance therewith if the custodian delivers, by hand or by registered mail to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena or conducting the hearing, a true and correct copy of all records described in the subpoena together with the affidavit described in § 16-46-305. However, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms, and similar graphic matter unless they are specifically referred to in the subpoena.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-46-302
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 376099d94e23291fdc5acede4358532b4f47d03652146760345b4c9031a5e8b4
Source location: content.xml paragraph 18600
Stored source content
16-46-302. Furnishing copies of records in compliance with subpoenas.
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital or physician's office duly licensed under the laws of this state in an action or proceeding in which the hospital or physician's office is neither a party nor the place where any cause of action is alleged to have arisen and such a subpoena requires the production of all or any part of the records of the hospital or physician's office related to the care or treatment of a patient in the hospital or physician's office, then it shall be sufficient compliance therewith if the custodian delivers, by hand or by registered mail to the court clerk or the officer, court reporter, body, or tribunal issuing the subpoena or conducting the hearing, a true and correct copy of all records described in the subpoena together with the affidavit described in § 16-46-305. However, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms, and similar graphic matter unless they are specifically referred to in the subpoena.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-305. Affidavit of custodian as to copies — Charges.
(a) The records shall be accompanied by an affidavit of a custodian stating in substance:
(1) That the affiant is the duly authorized custodian of the records and has authority to certify the records;
(2) That the copy is a true copy of all the records described in the subpoena; and
(3) That the records were prepared by personnel of the hospital, staff physicians, or persons acting under the control of either, or the physician, personnel of the physician's office, or persons acting under control of the physician, in the ordinary course of the hospital's or physician's office business at or near the time of the act, condition, or event reported therein.
(b) If the hospital or physician's office has none of the records described, or only part of them, the custodian shall state so in the affidavit and file the affidavit and any records as are available in the manner described in §§ 16-46-302 and 16-46-303.
(c) The custodian of the records may enclose a statement of costs for copying the records, and the costs of copying the records shall be borne by the party requesting the subpoena duces tecum for the records.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-46-305. This identifies an authority to review, not proof of applicability.