As used in sections four-a to four-j in this article the following terms shall have the respective meanings ascribed thereto:
(a) "Records" means and includes without restriction, those medical histories, records, reports, summaries, diagnoses, and prognoses, records of treatment and medication ordered and given, notes, entries, X-rays, and other written or graphic data prepared, kept, made or maintained in hospitals that pertain to hospital confinements or hospital services rendered to patients admitted to hospitals or receiving emergency room or outpatient care. Such records shall not, however, include ordinary business records pertaining to patients' accounts or the administration of the institution.
(b) "Custodian" means and includes the medical record librarian and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, as well as their deputies and assistants and any other persons who are official custodians or depositories of records.
Structure West Virginia Code
Chapter 57. Evidence and Witnesses
Article 5. Miscellaneous Provisions
§57-5-1. Summons for Witnesses
§57-5-3. Production of Writings -- by Party
§57-5-4. Production of Writings -- by Person Other Than Party
§57-5-4a. Hospital Records; Definitions
§57-5-4b. Hospital Records; Furnishing Copies in Compliance With Subpoenas
§57-5-4c. Hospital Records; Sealing, Identification and Direction of Copies
§57-5-4d. Hospital Records; Opening of Sealed Envelopes
§57-5-4e. Hospital Records; Custodian's Affidavit; Charges
§57-5-4f. Hospital Records; Admissibility of Copies and Affidavits
§57-5-4g. Hospital Records; Obtaining Personal Attendance of Custodian
§57-5-4i. Hospital Records; Substitution of Copies After Introduction of Originals
§57-5-4j. Hospital Records; Evidence of Reasonableness of Medical Expenses
§57-5-5. Failure of Witness to Attend or Produce Writing
§57-5-6. Commitment to Jail of Person Attending but Refusing to Testify or Produce Writing
§57-5-7. Interpreters Required
§57-5-8. Who May Administer Oath to Witness
§57-5-10. Affidavit of Nonresidence; Affidavit of Publication in Newspaper