California Legislature—2015–16 Regular Session

Assembly Bill No. 1337

Introduced by Assembly Member Linder

February 27, 2015

An act to amend Section 1158 of the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1337, as introduced, Linder. Medical records: electronic delivery.

Existing law requires certain enumerated medical providers and medical employers to make a patient’s records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified.

This bill would require a medical provider or employer, or an agent thereof, to provide an electronic copy of a medical record, when an electronic a copy is requested, if the medical record exists in digital or electronic format and the medical record can be delivered electronically.

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 1158 of the Evidence Code is amended
to read:

1158.  

begin delete Whenever, prior to end delete begin insert (a) end insert begin insert   end insert begin insert Before end insert 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 begin delete his, hers or its end delete begin insert that person
or entity’s end insert custody or control available for inspection and copying
by the attorney at law or begin delete his, or her, end delete begin insert his or her end insert representative,
promptly upon the presentation of the written authorization.

begin delete

No copying may

end delete

begin insert (b) end insert begin insert   end insert begin insert Copying of medical records shall not end insert be performed by any
medical provider or employer begin delete enumerated above, end delete begin insert described in
subdivision (a), end insert 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.

begin delete

Failure

end delete

begin insert (c) end insert begin insert   end insert begin insert Failure end insert to make the records begin delete available, end delete begin insert available end insert 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.

begin delete

All

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert All end insert reasonable costs incurred by any person or entity
begin delete enumerated above end delete begin insert described in subdivision (a) end insert in making patient
records available pursuant to this section may be charged against
the person whose written authorization required the availability
of the records.

begin delete

“Reasonable

end delete

begin insert (2) end insert begin insert   end insert begin insert “Reasonable end insert 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.

begin delete

Where

end delete

begin insert (e) end insert begin insert   end insert begin insert If end insert 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.

begin insert

(f) If an electronic copy of a medical record is requested, the
medical provider or employer described in subdivision (a), or an
agent thereof, shall provide an electronic copy of the requested
medical record if the medical record exists in a digital or electronic
format that can be delivered electronically.

end insert