Court Opinions

State Laws

US Code

US Constitution

California Evidence Code Section 1158

Legal Research Home > California Lawyer > Evidence Code > California Evidence Code Section 1158

Whenever, prior to the filing of any action or the appearance
of a defendant in an action, an attorney at law or his or her
representative presents a written authorization therefor signed by an
adult patient, by the guardian or conservator of his or her person
or estate, or, in the case of a minor, by a parent or guardian of the
minor, or by the personal representative or an heir of a deceased
patient, or a copy thereof, a physician and surgeon, dentist,
registered nurse, dispensing optician, registered physical therapist,
podiatrist, licensed psychologist, osteopathic physician and
surgeon, chiropractor, clinical laboratory bioanalyst, clinical
laboratory technologist, or pharmacist or pharmacy, duly licensed as
such under the laws of the state, or a licensed hospital, shall make
all of the patient's records under his, hers or its custody or
control available for inspection and copying by the attorney at law
or his, or her, representative, promptly upon the presentation of the
written authorization.
   No copying may be performed by any medical provider or employer
enumerated above, or by an agent thereof, when the requesting
attorney has employed a professional photocopier or anyone identified
in Section 22451 of the Business and Professions Code as his or her
representative to obtain or review the records on his or her behalf.
The presentation of the authorization by the agent on behalf of the
attorney shall be sufficient proof that the agent is the attorney's
representative.
   Failure to make the records available, during business hours,
within five days after the presentation of the written authorization,
may subject the person or entity having custody or control of the
records to liability for all reasonable expenses, including attorney'
s fees, incurred in any proceeding to enforce this section.
   All reasonable costs incurred by any person or entity enumerated
above in making patient records available pursuant to this section
may be charged against the person whose written authorization
required the availability of the records.
   "Reasonable cost," as used in this section, shall include, but not
be limited to, the following specific costs:  ten cents ($0.10) per
page for standard reproduction of documents of a size 81/2 by 14
inches or less; twenty cents ($0.20) per page for copying of
documents from microfilm; actual costs for the reproduction of
oversize documents or the reproduction of documents requiring special
processing which are made in response to an authorization;
reasonable clerical costs incurred in locating and making the records
available to be billed at the maximum rate of sixteen dollars ($16)
per hour per person, computed on the basis of four dollars ($4) per
quarter hour or fraction thereof; actual postage charges; and actual
costs, if any, charged to the witness by a third person for the
retrieval and return of records held by that third person.
   Where the records are delivered to the attorney or the attorney's
representative for inspection or photocopying at the record custodian'
s place of business, the only fee for complying with the
authorization shall not exceed fifteen dollars ($15), plus actual
costs, if any, charged to the record custodian by a third person for
retrieval and return of records held offsite by the third person.

Last modified: January 12, 2009