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S1146.................................................by HEALTH AND WELFARE PATIENT CARE RECORDS - Amends existing law to provide for hospital records to be in an electronic medium; to increase the time that clinical laboratory test records and reports must be kept; to provide that hospital records relating to orders for the care and treatment of a patient or for the administration of any drug or pharmaceutical must be authenticated to ensure accuracy and patient safety; and to provide procedures and mechanisms for authentication. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Health/Wel 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 32-0-3 AYES -- Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Andreason, Ingram, Sandy Floor Sponsor -- Lodge Title apvd - to House 02/26 House intro - 1st rdg - to Health/Wel 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 65-0-5 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Lake, Langford, Loertscher, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- None Absent and excused -- Denney, Kunz, Mader, Marley, Wood Floor Sponsor -- Bradford Title apvd - to Senate 03/13 To enrol 03/14 Rpt enrol - Pres signed 03/15 Sp signed 03/16 To Governor 03/20 Governor signed Session Law Chapter 67 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1146 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PATIENT CARE RECORDS IN A HOSPITAL; AMENDING SECTION 39-1394, 3 IDAHO CODE, TO PROVIDE FOR HOSPITAL RECORDS TO BE IN AN ELECTRONIC MEDIUM, 4 TO INCREASE THE PERIOD OF TIME THAT CLINICAL LABORATORY TEST RECORDS AND 5 REPORTS MUST BE KEPT BEFORE BEING DESTROYED, TO PROVIDE THAT HOSPITAL 6 RECORDS RELATING TO ORDERS FOR THE CARE AND TREATMENT OF A PATIENT OR FOR 7 THE ADMINISTRATION OF ANY DRUG OR PHARMACEUTICAL MUST BE AUTHENTICATED TO 8 ENSURE ACCURACY AND PATIENT SAFETY, TO PROVIDE PROCEDURES AND MECHANISMS 9 FOR AUTHENTICATION AND TO MAKE TECHNICAL CORRECTIONS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 39-1394, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 39-1394. PATIENT CARE RECORDS -- RETENTION -- AUTHENTICATION. (1) Reten- 14 tion. 15 (a) Hospital records relating to the care and treatment of a patient may 16 be preserved in microfilm,orother photographically reproduced form or 17 electronic medium. Such reproduced and preserved copies shall be deemed 18 originals for purposes of section 9-420, Idaho Code. 19 (b) Clinical laboratory test records and reports may be destroyedthree20(3)five (5) years after the date of the test recorded or reported 21 therein, pursuant tosubsectionparagraph (d)hereofof this subsection. 22 (c) X-ray films may be destroyed five (5) years after the date of expo- 23 sure, or five (5) years after the patient reaches the age of majority, 24 whichever is later, pursuant tosubsectionparagraph (d)hereofof this 25 subsection, if there are in the hospital record written findings of a phy- 26 sician who has read such x-ray films. 27 (d) At any time after the retention periods specified insubparagraphs 28 (b) and (c)hereofof this subsection, the hospital may, without thereby 29 incurring liability, destroy such records, by burning, shredding or other 30 effective method in keeping with the confidential nature of their con- 31 tents, provided, however, that destruction of such records must be in the 32 ordinary course of business and no record shall be destroyed on an indi- 33 vidual basis. 34 (e) For purposes of this section, the term "hospital" shall include all 35 facilities defined as hospitals in chapter 13, title 39, Idaho Code. 36 (2) Authentication. 37 (a) Hospital records relating to orders for the care and treatment of a 38 patient or for the administration of any drug or pharmaceutical must be 39 authenticated to ensure accuracy and patient safety. 40 (b) All orders must be authenticated by the author of the order. 41 (c) When telephone or oral orders must be used, they must be: 42 (i) Accepted only by personnel authorized to do so by medical staff 43 policies and procedures, consistent with federal and state law; and 2 1 (ii) Authenticated by the author of the order in a timely manner as 2 stipulated by hospital policy. 3 (d) Authentication may occur either manually, with the practitioner's 4 signature, or electronically by facsimile transmission signed by the prac- 5 titioner or by means of a unique electronic code known only to the practi- 6 tioner. 7 (e) Each hospital must have in place policies and mechanisms to assure 8 timely authentication of all orders and to assure that only the author of 9 an order can authenticate his or her own entry.
STATEMENT OF PURPOSE RS 11028 The purpose of this legislation is to update, modernize and make consistent a part (39 1394) of the hospital licensing act dealing with patient care records retention and to add language about record authentication. The preservation modalities of hospital records need to be modernized to recognize electronic storage mechanisms. There are inconsistencies in the existing law on the retention time frame of laboratory records and x ray records. This legislation would make them both five (5) years. Existing rules provide an unrealistic and unattainable time frame (24 hours) for the authentication of physician verbal orders. This legislation would make Idaho law consistent with the federal regulations and the Joint Commission on Accreditation of Healthcare Organizations standards. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact: Name: Steven A. Millard, Idaho Hospital Association Phone: 338 5100, ext. 203 STATEMENT OF PURPOSE/FISCAL NOTE S 114