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§ 24-10-72 - Compliance with subpoena or order; custodian's appearance excused by certificate; when sanctions applied

O.C.G.A. 24-10-72 (2010)
24-10-72. Compliance with subpoena or order; custodian's appearance excused by certificate; when sanctions applied


(a) An institution, as such, and its personnel shall be in compliance with a subpoena or order for production if it shows timely delivery of the medical records or substitutes and certificate to the clerk of court or other authorized person (by way of illustration, counsel seeking production in discovery proceedings) by any means, including, but not limited to, certified or registered mail or statutory overnight delivery.

(b) A certificate signed before a notary public or other officer authorized to administer oaths shall excuse the personal appearance of any person responsible for keeping medical records. No sanction or remedy for contempt shall be applied against any such person or institution unless a subpoena or order expressly commanding the person's presence has been issued by authority of the court or body for good cause shown, such cause and authority appearing of record and on the face of the subpoena or order.

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