BILL NUMBER: SB 850	AMENDED
	BILL TEXT

	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, 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 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.
   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 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  automatically
record   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.  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.  
   (2) A patient's right to access or receive a copy of his or her
electronic medical records upon request shall be consistent with
current applicable state and federal laws governing patient access
to, and the use and disclosures of, medical information.