BILL NUMBER: SB 850	AMENDED
	BILL TEXT

	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, as amended, 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  expand those provisions to require that
every provider of health care, health care service plan,
pharmaceutical company, and contractor who creates, maintains,
preserves, stores, abandons, destroys, or disposes of written or
electronic medical records do so in a manner that preserves the
confidentiality, accuracy, and integrity of the information contained
in the record   require an electronic health or medical
record system to automatically record 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  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  written or electronic medical records 
 medical information  shall do so in a manner that preserves
the confidentiality  , accuracy, and integrity  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  written or electronic medical
records   medical information  shall be subject to
the remedies and penalties provided under subdivisions (b) and (c) of
Section 56.36. 
   (b) An electronic health record system or electronic medical
record system shall automatically record 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. The record of the change or deletion shall be
made part of the patient's medical information, and shall be
accessible upon request of a patient or his or her representative to
review the medical information.