§57-5-4e. Hospital records; custodian's affidavit; charges.
The records shall be accompanied by an affidavit of a
custodian stating in substance: (a) That the affiant is a duly
authorized custodian of the records and has authority to certify
said records, (b) that the copy is a true copy of all the records
described in the subpoena, (c) that the records were prepared by
the personnel of the hospital, staff physicians, or persons acting
under the control of either, in the ordinary course of hospital
business at or near the time of the act, condition or event
reported therein, and (d) certifying the amount of the reasonable
charges of the hospital for furnishing such copies of the record.
If the hospital has none of the records described, or only part
thereof, the custodian shall so state in the affidavit and file the
affidavit and such records as are available in the manner described
in sections four-b and four-c. The filing of such affidavit with
respect to reasonable charges shall be sufficient proof of such
expense, which shall be taxed as costs of court.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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