California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 9 - Psychiatric Health Facilities › Article 4 - Administration › Section 77143 - Health Record Availability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
				  123100
et 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.
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.