(a) The records shall be accompanied by an affidavit of a custodian stating in substance:

Terms Used In Tennessee Code 68-11-405

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Custodian: means and includes the medical record practitioner and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, the appropriately designated person of a community mental health center, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records. See Tennessee Code 68-11-401
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • records: includes those records identified in §. See Tennessee Code 68-11-401
  • Subpoena: A command to a witness to appear and give testimony.
(1) That the affiant is duly authorized custodian of the records and has authority to certify the records;
(2) That the copy is a true copy of all the records described in the subpoena;
(3) That the records were prepared by the personnel of the hospital or community mental health center, staff physicians, or persons acting under the control of either, in the ordinary course of hospital or community mental health center business at or near the time of the act, condition or event reported in the records; and
(4) Certifying the amount of the reasonable charges of the hospital or community mental health center for furnishing such copies of the record.
(b) If the hospital or community mental health center has none of the records described, or only part of the records, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner described in §§ 68-11-402 and 68-11-403.
(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.
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