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California Health And Safety Code Section 123149

Legal Research Home > California Lawyer > Health and Safety Code > California Health And Safety Code Section 123149

(a) Providers of health services, licensed pursuant to
Sections 1205, 1253, 1575, and 1726, that utilize electronic
recordkeeping systems only, shall comply with the additional
requirements of this section.  These additional requirements do not
apply to patient records if hard copy versions of the patient records
are retained.
   (b) Any use of electronic recordkeeping to store patient records
shall ensure the safety and integrity of those records at least to
the extent of hard copy records.  All providers set forth in
subdivision (a) shall ensure the safety and integrity of all
electronic media used to store patient records by employing an
offsite backup storage system, an image mechanism that is able to
copy signature documents, and a mechanism to ensure that once a
record is input, it is unalterable.
   (c) Original hard copies of patient records may be destroyed once
the record has been electronically stored.
   (d) The printout of the computerized version shall be considered
the original as defined in Section 255 of the Evidence Code for
purposes of providing copies to patients, the Division of Licensing
and Certification, and for introduction into evidence in accordance
with Sections 1550 and 1551 of the Evidence Code, in administrative
or court proceedings.
   (e) Access to electronically stored patient records shall be made
available to the Division of Licensing and Certification staff
promptly, upon request.
   (f) This section does not exempt licensed clinics, health
facilities, adult day health care centers, and home health agencies
from the requirement of maintaining original copies of patient
records that cannot be electronically stored.
   (g) Any health care provider subject to this section, choosing to
utilize an electronic recordkeeping system, shall develop and
implement policies and procedures to include safeguards for
confidentiality and unauthorized access to electronically stored
patient health records, authentication by electronic signature keys,
and systems maintenance.
   (h) Nothing contained in this chapter shall affect the existing
regulatory requirements for the access, use, disclosure,
confidentiality, retention of record contents, and maintenance of
health information in patient records by health care providers.
   (i) This chapter does not prohibit any provider of health care
services from maintaining or retaining patient records
electronically.

Last modified: January 12, 2009