Subpoenaed records: Delivery of authenticated copy by custodian; order for return of record; form of affidavit of authentication.
1. A custodian of medical records sufficiently complies with a subpoena calling for the production of medical records in his custody if he delivers, at or before the time set for the return of the subpoena, either personally or by mail, to the clerk of the court issuing the subpoena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.
2. The copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.
3. If the court quashes or suppresses a subpoena for medical records, it may order the subpoenaed record to be returned to the submitting custodian.
4. The affidavit required by subsection 2 must be substantially in the form prescribed in subsection 3 of NRS 52.260.
Last modified: February 26, 2006