(A) Notwithstanding sections 2317.40 and 2317.41 of the Revised Code but subject to division (B) of this section, the records, or copies or photographs of the records, of a hospital, homes required to be licensed pursuant to section 3721.01 of the Revised Code, and residential facilities licensed pursuant to section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults, in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified as authentic evidence if any such person endorses thereon the person's verified certification identifying such records, giving the mode and time of their preparation, and stating that they were prepared in the usual course of the business of the institution. Such records, copies, or photographs may not be qualified by certification as provided in this section unless the party intending to offer them delivers a copy of them, or of their relevant portions, to the attorney of record for each adverse party not less than five days before trial. Nothing in this section shall be construed to limit the right of any party to call the custodian, person who made such records, or person under whose supervision they were made, as a witness.
(B) Division (A) of this section does not apply to any certified copy of the results of any test given to determine the presence or concentration of alcohol, a drug of abuse, a combination of them, a controlled substance, or a metabolite of a controlled substance in a patient's whole blood, blood serum or plasma, breath, or urine at any time relevant to a criminal offense that is submitted in a criminal action or proceeding in accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02 of the Revised Code.
Notes of Decisions
Cited in 38
cases (17 in the last 5 years), 1983–2026 · leading case: State v. Worship, 2022 Ohio 52 (Ohio Ct. App. 2022).
State v. Worship, 2022 Ohio 52 (Ohio Ct. App. 2022). · cites it 8דR.C. 2317.422 "provides a simplified means of authenticating hospital records which eliminates the necessity for the in-court testimony of the custodian.”
State v. Roberson, 2017 Ohio 4339 (Ohio Ct. App. 2017). · cites it 3דUnder R.C. 2317.422(A), the records, or copies or photographs of the records, of a hospital, * * * in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified as authentic evidence if any…”
State v. Humphries, 607 N.E.2d 921 (Ohio Ct. App. 1992). · cites it 3ד” Under this rule, appellant was required to authenticate the medical record through the testimony of the custodian or the person who prepared or supervised the preparation of the record.”
Bohl v. Aluminum Co. of Am., Inc., 2020 Ohio 2824 (Ohio Ct. App. 2020). · cites it 4ד422 states, in relevant part: [T]he records, or copies or photographs of the records, of a hospital, * * * in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified as authentic evidence if…”
Hunt v. Mayfield, 583 N.E.2d 1349 (Ohio Ct. App. 1989). · cites it 4דII Appellant’s first and second assignments of errors are intertwined and thus will be considered together.”
In re L.V., 2024 Ohio 5917 (Ohio Ct. App. 2024). · cites it 3ד803(6) and R.C. 2317.422. Evid.R. 803(6) provides an exception to the hearsay rule for records of regularly conducted business activity as provided by Evid.”
State v. McClain, 2025 Ohio 577 (Ohio Ct. App. 2025). · cites it 2דThe state countered that the records were self- authenticating under R.C. 2317.422 (“Qualification of records of hospital”).”
Geletka v. MetroHealth Sys., 2023 Ohio 934 (Ohio Ct. App. 2023). · cites it 3דRelevant to the instant matter is R.C. 2317.422, Ohio’s statute governing the authentication of medical records.”
Burton v. Dutiel, 2015 Ohio 4134 (Ohio Ct. App. 2015). · cites it 3דPursuant to R.C. 2317.422, hospital records may be authenticated via certification of the custodian of records rather than by live testimony at trial as to Perry County, Case No.”
In re R.H., 2023 Ohio 78 (Ohio Ct. App. 2023). · cites it 3ד422 states, in pertinent part: [T]he records, or copies or photographs of the records, of a hospital, * * * in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified as authentic evidence…”
In re J.T., 2011 Ohio 3435 (Ohio Ct. App. 2011). · cites it 2ד” Specifically, Carrie alleges that although these exhibits are business records and were properly admitted, they contain hearsay statements that did not contain verified certifications by an appropriate person according to R.C. 2317.422, and therefore, should have been excluded.”
City of Columbus v. Lacy, 546 N.E.2d 445 (Ohio Ct. App. 1988). “R.C. 2317.422; State v. Spikes (1981), 67 Ohio St.”
State v. Roberson, 2017 Ohio 4339 (Ohio Ct. App. 2017). “Under R.C. 2317.422(A), the records, or copies or photographs of the records, of a hospital, * * * in lieu of the testimony in open court of their custodian, person who made them, or person under whose supervision they were made, may be qualified as authentic evidence if any…”
State v. Worship, 2022 Ohio 52 (Ohio Ct. App. 2022). “R.C. 2317.422 "provides a simplified means of authenticating hospital records which eliminates the necessity for the in-court testimony of the custodian.”
Geletka v. MetroHealth Sys., 2023 Ohio 934 (Ohio Ct. App. 2023). “Relevant to the instant matter is R.C. 2317.422, Ohio’s statute governing the authentication of medical records.”
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