Ky. Cir. Ct. Clerks' Manual MEDICAL RECORDS

55 MEDICAL RECORDS

KRS 422.320

District and Circuit Courts

If records are submitted to be filed in your office by a party (including pro se litigants)

and you are uncertain if they should be sealed, present to the judge for direction.

55.1 Medical Records Used in Deposition

 It is not your duty or responsibility to read or otherwise research pleadings in a case file to

determine if a deposition includes medical records.

1. Upon receipt of medical records that have been used in a deposition, sign

the receipt provided by the party delivering the records.

2. Place the records in an envelope; apply the FILED stamp to the envelope;

add the date and your initials.

3. Indicate the name of the party delivering the records and mark the

envelope MEDICAL RECORDS-CONFIDENTIAL. Seal the envelope.

4. File the record on a document screen. Use the document type SD.

5. Place the sealed envelope in the appropriate case file.

6. Do not release the sealed envelope from your custody except when

actually used in the action or proceeding. If a request to review the case

file is received, remove the envelope from the case file.

BEST PRACTICE: Place sealed envelopes in the file on the left hand side to

allow easy removal from the case record when granting inspection

requests.

7. When the case is closed, maintain the confidentiality of the medical

records.

NOTE: If the case is appealed, include the envelope with other documents

in the case in the record on appeal.

Quick Reference

Sign receipt

Records in

envelope

File, date, initial

Mark envelope

confidential and

seal

Document type SD

Process Map

MEDICAL RECORDS

55.2 Substance Abuse Records

1. Upon receipt of an application to seal records relating to a positive

substance abuse test apply the FILED stamp to the application; add the

date and your initials. Deliver the application to the judge.

2. Upon receipt of an order to seal the records apply the ENTERED stamp,

add the date and your initials. Complete a document screen using

document code OTS.

3. Place the records relating to the substance abuse test in an envelope;

apply the FILED stamp to the envelope; add the date and your initials.

Mark the envelope MEDICAL RECORDS-CONFIDENTIAL. Seal the

envelope.

4. File the record on a document screen. Use the document type SD.

5. Place the sealed envelope in the appropriate case file.

6. Do not release the sealed envelope from your custody. If a request to

review the case file is received, remove the envelope from the case file.

BEST PRACTICE: Place sealed envelopes in the file on the left hand side to

allow easy removal from the case record when granting inspection

requests.

File, date, initial

Enter, date, initial

Document code

OTS

File, date, initial

Document type SD