BILL NUMBER: AB 1337	INTRODUCED
	BILL TEXT


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

   No copying may 
    (b)     Copying of medical records shall
not  be performed by any medical provider or employer 
enumerated above,   described in subdivision (a), 
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.

    Failure 
    (c)     Failure  to make the records
 available,   available  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. 
    All 
    (d)     (1)     All 
reasonable costs incurred by any person or entity 
enumerated above   described in subdivision (a)  in
making patient records available pursuant to this section may be
charged against the person whose written authorization required the
availability of the records. 
    "Reasonable 
    (2)     "Reasonable  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. 
    Where 
    (e)    If  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. 
   (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.