Cal. Code Regs. Tit. 22, § 77143 - Health Record Availability

(a) Records shall be kept on all patients admitted or accepted for treatment. All required records, either as originals or as accurate reproductions of the contents of such originals, shall be maintained in a confidential manner, legible and readily accessible upon request of persons authorized by law to have access to such records including, but not limited to, persons authorized pursuant to Health and Safety Code, Section 123100et seq., those professional persons who are providing services to the patient and authorized representatives of the Department.

(b) The facility shall safeguard the information in the record against loss, defacement, tampering or use by unauthorized persons.

(c) Patient health records or reproductions thereof, shall be safely preserved for a minimum of seven years following discharge of the patient, except that the records of unemancipated minors shall be kept at least one year after such minor has reached the age of 18 years and, in any case, not less than seven years.

(d) If a facility ceases operation, the Department shall be informed, within 48 hours prior to cessation, of the arrangements made for safe preservation of patient health records.

(e) If ownership of a licensed facility changes, both the previous licensee and the new licensee shall, prior to the change of ownership, provide the Department with written documentation that arrangements have been made for the retention and preservation of all patient records.

(f) Patient records shall be filed in an easily accessible manner in the facility or in an approved health record storage facility off the facility premises.

(g) Patient records shall be completed within 14 days following the patient's discharge.

(h) All information and records obtained in the course of providing services under Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) of the Welfare and Institutions Code to either voluntary or involuntary recipients of services shall be confidential and may be disclosed only in accordance with Sections 5328 through 5330 of the Welfare and Institutions Code.

Notes

Cal. Code Regs. Tit. 22, § 77143

1. New section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2. Change without regulatory effect amending subsections (a) and (h) and amending NOTE filed 11-16-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 47).

Note: Authority cited: Sections 1254, 1275 and 1275.5, Health and Safety Code; and Sections 4080 and 10725, Welfare and Institutions Code. Reference: Sections 1254 and 1275.1, Health and Safety Code; and Section 4080, Welfare and Institutions Code.

1. New section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2. Change without regulatory effect amending subsections (a) and (h) and amending Note filed 11-16-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 47).