68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1586

                           A-Engrossed

                         Senate Bill 597
                   Ordered by the Senate May 5
             Including Senate Amendments dated May 5

Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Medical Association)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Requires copy of subpoena for medical records be served on
patient { + , + }   { - or - }  other health care recipient
 { + or attorney + } before being served on custodian or other
keeper of medical records. Describes medical records subject to
requirement.

                        A BILL FOR AN ACT
Relating to subpoenas; creating new provisions; and amending ORCP
  55.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + ORCP 55, as amended by the Council on Court
Procedures by promulgation dated December 10, 1994, is further
amended by adding a new section I to read: + }
   { +  I. Medical records. + }
   { +  I(1) Service on patient or health care recipient
required.  Except as provided in subsection (3) of this section,
a subpoena duces tecum for medical records served on a custodian
or other keeper of medical records is not valid unless proof of
service of a copy of the subpoena on the patient or health care
recipient, or upon the attorney for the patient or health care
recipient, made in the same manner as proof of service of a
summons, is attached to the subpoena served on the custodian or
other keeper of medical records.
  I(2) Manner of service. If a patient or health care recipient
is represented by an attorney, a true copy of a subpoena duces
tecum for medical records of a patient or health care recipient
must be served on the attorney for the patient or health care
recipient at least 24 hours before the subpoena is served on a
custodian or other keeper of medical records. Service on the
attorney for a patient or health care recipient under this
section may be made in the manner provided by ORCP 9 B. If the
patient or health care recipient is not represented by an
attorney, service of a true copy of the subpoena must be made on
the patient or health care recipient at least 24 hours before the
subpoena is served on the custodian or other keeper of medical
records.  Service on a patient or health care recipient under

this section must be made in the manner specified by ORCP 7
D(3)(a) for service on individuals.
  I(3) Affidavit of attorney. If a true copy of a subpoena duces
tecum for medical records of a patient or health care recipient
cannot be served on the patient or health care recipient in the
manner required by subsection (2) of this section, and the
patient or health care recipient is not represented by counsel, a
subpoena duces tecum for medical records served on a custodian or
other keeper of medical records is valid if the attorney for the
person serving the subpoena attaches to the subpoena the
affidavit of the attorney attesting to the following: (a) That
reasonable efforts were made to serve the copy of the subpoena on
the patient or health care recipient, but that the patient or
health care recipient could not be served; (b) That the party
subpoenaing the records is unaware of any attorney who is
representing the patient or health care recipient; and (c) That
to the best knowledge of the party subpoenaing the records, the
patient or health care recipient does not know that the records
are being subpoenaed.
  I(4) Application. The requirements of this section apply only
to subpoenas duces tecum for patient care and health care records
kept by a licensed, registered or certified health practitioner
as described in ORS 18.550, a health care service contractor as
defined in ORS 750.005, a home health agency licensed under ORS
chapter 443 or a hospice program licensed, certified or
accredited under ORS chapter 443. + }
  SECTION 2.  { + The amendments to ORCP 55 by section 1 of this
Act apply only to subpoenas served on or after the effective date
of this Act. + }
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