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2000 SESSION

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005106548
HOUSE BILL NO. 1259 Offered January 24, 2000 A BILL to amend the Code of Virginia by adding a section numbered 19.2-270.7, relating to evidence of medical records. ---------- Patrons-- Moran, Albo, Almand, Armstrong, Harris and Weatherholtz ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-270.7, as follows:

§ 19.2-270.7. Evidence of medical reports or records; testimony of health care provider or custodian of records.

In any criminal proceeding, evidence may be presented as to the extent, nature and treatment of an injury to a person and the examination of the person so injured by a report from the treating or examining health care provider as defined in § 8.01-581.1 and the records of a hospital or similar medical facility at which the treatment or examination was performed. Such medical report shall be admitted if the party intending to present evidence by the use of a report gives the other party a copy of the report and written notice of such intention ten days in advance of the proceeding and if attached to such report is a sworn statement of the treating or examining health care provider that: (i) the person named therein was treated or examined by such health care provider; and (ii) the information contained in the report is true and accurate and fully descriptive as to the nature and extent of the injury. Such hospital or other medical facility record shall be admitted if attached to it is a sworn statement of the custodian thereof that the same is a true and accurate copy of the record of such hospital or other medical facility.