--- title: "45 CFR 160.538 HIPAA: Witnesses" canonical: "https://dposchool.com/hipaa/section/160.538" source: "https://www.ecfr.gov/current/title-45/section-160.538" source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 45 CFR 160.538 HIPAA · Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS · Subpart E: Procedures for Hearings # 45 CFR 160.538 HIPAA: Witnesses eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 45 CFR 160.538(a) **(a)** Except as provided in paragraph (b) of this section, testimony at the hearing must be given orally by witnesses under oath or affirmation. ### 45 CFR 160.538(b) **(b)** At the discretion of the ALJ, testimony of witnesses other than the testimony of expert witnesses may be admitted in the form of a written statement. The ALJ may, at his or her discretion, admit prior sworn testimony of experts that has been subject to adverse examination, such as a deposition or trial testimony. Any such written statement must be provided to the other party, along with the last known address of the witness, in a manner that allows sufficient time for the other party to subpoena the witness for cross-examination at the hearing. Prior written statements of witnesses proposed to testify at the hearing must be exchanged as provided in § 160.518. ### 45 CFR 160.538(c) **(c)** The ALJ must exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to: #### 45 CFR 160.538(c)(1) **(1)** Make the interrogation and presentation effective for the ascertainment of the truth; #### 45 CFR 160.538(c)(2) **(2)** Avoid repetition or needless consumption of time; and #### 45 CFR 160.538(c)(3) **(3)** Protect witnesses from harassment or undue embarrassment. ### 45 CFR 160.538(d) **(d)** The ALJ must permit the parties to conduct cross-examination of witnesses as may be required for a full and true disclosure of the facts. ### 45 CFR 160.538(e) **(e)** The ALJ may order witnesses excluded so that they cannot hear the testimony of other witnesses, except that the ALJ may not order to be excluded— #### 45 CFR 160.538(e)(1) **(1)** A party who is a natural person; #### 45 CFR 160.538(e)(2) **(2)** In the case of a party that is not a natural person, the officer or employee of the party appearing for the entity pro se or designated as the party's representative; or #### 45 CFR 160.538(e)(3) **(3)** A natural person whose presence is shown by a party to be essential to the presentation of its case, including a person engaged in assisting the attorney for the Secretary. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. [45 CFR 160.538 on eCFR](https://www.ecfr.gov/current/title-45/section-160.538) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [HIPAA Navigator](https://dposchool.com/hipaa) / 45 CFR 160.538 Previous: [45 CFR 160.536 HIPAA: Statistical sampling](https://dposchool.com/hipaa/section/160.536) Next: [45 CFR 160.540 HIPAA: Evidence](https://dposchool.com/hipaa/section/160.540) ## For AI agents - Machine-readable index: https://dposchool.com/hipaa/llms.txt - JSON API: https://dposchool.com/hipaa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents