BILL NUMBER: SB 850	CHAPTERED
	BILL TEXT

	CHAPTER  714
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN ASSEMBLY  SEPTEMBER 1, 2011
	AMENDED IN ASSEMBLY  JUNE 22, 2011
	AMENDED IN SENATE  MAY 2, 2011

INTRODUCED BY   Senator Leno

                        FEBRUARY 18, 2011

   An act to amend Section 56.101 of the Civil Code, relating to
medical records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 850, Leno. Medical records: confidential information.
   The Confidentiality of Medical Information Act requires that every
provider of health care, health care service plan, pharmaceutical
company, and contractor who creates, maintains, preserves, stores,
abandons, destroys, or disposes of medical records do so in a manner
that preserves the confidentiality of the information contained in
the record, and provides that negligence in conducting these
activities may result in damages or an administrative fine or civil
penalty, as specified.
   This bill would require an electronic health or medical record
system to automatically record and preserve any change or deletion of
electronically stored medical information, and would require the
record to include, among other things, the identity of the person who
accessed and changed the medical information and the change that was
made to the medical information.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56.101 of the Civil Code is amended to read:
   56.101.  (a) Every provider of health care, health care service
plan, pharmaceutical company, or contractor who creates, maintains,
preserves, stores, abandons, destroys, or disposes of medical
information shall do so in a manner that preserves the
confidentiality of the information contained therein. Any provider of
health care, health care service plan, pharmaceutical company, or
contractor who negligently creates, maintains, preserves, stores,
abandons, destroys, or disposes of medical information shall be
subject to the remedies and penalties provided under subdivisions (b)
and (c) of Section 56.36.
   (b) (1) An electronic health record system or electronic medical
record system shall do the following:
   (A) Protect and preserve the integrity of electronic medical
information.
   (B) Automatically record and preserve any change or deletion of
any electronically stored medical information. The record of any
change or deletion shall include the identity of the person who
accessed and changed the medical information, the date and time the
medical information was accessed, and the change that was made to the
medical information.
   (2) A patient's right to access or receive a copy of his or her
electronic medical records upon request shall be consistent with
applicable state and federal laws governing patient access to, and
the use and disclosures of, medical information.
   (c) This section shall apply to an "electronic medical record" or
"electronic health record" that meets the definition of "electronic
health record," as that term is defined in Section 17921(5) of Title
42 of the United States Code.