68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session


                            Enrolled

                         Senate Bill 597

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


                     CHAPTER ................


                             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. + }
                         ----------


Passed by Senate May 11, 1995


      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House May 30, 1995


      ...........................................................
                                                 Speaker of House






























Enrolled Senate Bill 597                                   Page 2





Received by Governor:

......M.,............., 1995

Approved:

......M.,............., 1995


      ...........................................................
                                                         Governor

Filed by Office of Secretary of State:

......M.,............., 1995


      ...........................................................
                                               Secretary of State









































Enrolled Senate Bill 597                                   Page 3