(1) As used in KRS 422.300 to 422.330, "state" has the same meaning as in KRS
421.360.
(2) Medical charts or records of any hospital licensed under either KRS 216B.105 or a
similar law of another state or the United States that are susceptible to photostatic
reproduction may be proved as to foundation, identity and authenticity without any
preliminary testimony, by use of legible and durable copies, certified in the manner
provided herein by the employee of the hospital charged with the responsibility of
being custodian of the originals thereof. Said copies may be used in any trial,
hearing, deposition or any other judicial or administrative action or proceeding,
whether civil or criminal, in lieu of the original charts or records which, however,
the hospital shall hold available during the pendency of the action or proceeding for
inspection and comparison by the court, tribunal or hearing officer and by the
parties and their attorneys of record.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 41, sec. 1, effective June 8, 2011. -- Amended
1980 Ky. Acts ch. 188, sec. 291, effective July 15, 1980. -- Created 1978 Ky. Acts
ch. 109, sec. 1, effective June 17, 1978.
Legislative Research Commission Note. A technical correction has been made in this
section by the Reviser of Statutes pursuant to KRS 7.136.
Notes of Decisions
Matthews v. Commonwealth (2005)
ky · cites it 30×
“The trial court did not rule on the issue immediately, but at the end of all the proof, it overruled Appellant's objection and admitted *22 the evidence on the grounds that a foundation was unnecessary under KRS 422.300 because the records had been certified.”
Bell v. Commonwealth (1994)
ky · cites it 6×
“A fair inference might be drawn from that question that the trial court may have believed the document to be admissible under KRS 422.300, a statute which provides for medical records of a hospital to be proved by certification, without the preliminary authentication *887…”
Young v. J.B. Hunt Transportation, Inc. (1989)
ky · cites it 5×
“At the conclusion of testimony, but before the close of their evidence, appellees proffered certain properly certified (KRS 422.300) records from appellant's hospitalizations as a result of the prior accident.”
Yates v. Commonwealth (2014)
ky
“Indeed, KRE 803(6) specifically requires that testimony of the “custodian or other qualified witness” to be present in court to lay a foundation or the records must be self-authenticating under KRE 902(11) or KRS 422.300. Appellant failed to call the custodian of records at…”
Little v. Commonwealth (2013)
ky
“However, a medical record will qualify as self-authenticating when it “consists of medical charts or records of a hospital that has elected to proceed under the provisions of KRS 422.300 to 422.330[.]” KRE 803(6)(A).”
Zewoldi v. Transit Auth. of River City (2018)
kyctapp
“A custodian or other qualified witness, as required above, is unnecessary when the evidence offered under this provision consists of medical charts or records of a hospital that has elected to proceed *848 under the provisions of KRS 422.300 to 422.330, business records which…”
MARY BRECKINRIDGE HEALTHCARE, INC. v. Eldridge (2008)
kyctapp
“Lastly, it has been oft recognized that hospital records are admissible as business records and they, when properly certified pursuant to KRS 422.300 to 422.330, have their own exceptions for purposes of authentication under either KRE 902(11) or KRE 902(10) {See Lawson,…”
Phipps v. Winkler (1986)
kyctapp
“The obtaining of the records herein did not follow the procedure addressed in KRS 422.300 et seq. Next, since alcohol use was not an issue in any way in this case, Leeman Phipps’s testimony by pretrial deposition that he quit drinking in 1973 or 1974 is an answer to a collateral…”
Tammy Feinauer v. Commonwealth of Kentucky (2021)
kyctapp · cites it 5×
“Our Supreme Court held that the records had to satisfy the KRE 902(11) certification requirements because the statutory exception for authenticating medical records found at KRS 422.300 did not apply to out-of-state hospital records.”
John George Boulder v. Commonwealth of Kentucky (2019)
ky · cites it 3×
“is unnecessary when the evidence offered under this provision consists of medical charts or records of a hospital that has elected to proceed under the provisions of KRS 422.300 to 422.330 . . . .” These were such records.”
John Brandon Lamotte v. Commonwealth of Kentucky (2025)
kyctapp · cites it 2×
“9 The records appear to have been introduced pursuant to KRS 422.300(2), which states: Medical charts or records of any hospital licensed under either KRS 216B.”
— Ky. Rev. Stat. § 422.300(2) — 4 cases
Tammy Feinauer v. Commonwealth of Kentucky (2021)
kyctapp
“Our Supreme Court held that the records had to satisfy the KRE 902(11) certification requirements because the statutory exception for authenticating medical records found at KRS 422.300 did not apply to out-of-state hospital records.”
John George Boulder v. Commonwealth of Kentucky (2019)
ky
“is unnecessary when the evidence offered under this provision consists of medical charts or records of a hospital that has elected to proceed under the provisions of KRS 422.300 to 422.330 . . . .” These were such records.”
Annotations are extracted automatically from the opinions in the
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