2001 Legislation
Print Friendly

SENATE BILL NO. 1146 – Patient care records, electronic

SENATE BILL NO. 1146

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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, or other 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 destroyed three
 20        (3) five (5) years after  the  date  of  the  test  recorded  or  reported
 21        therein, pursuant to subsection paragraph (d) hereof of 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 to subsection paragraph (d) hereof of 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  in  subparagraphs
 28        (b)  and  (c) hereof of 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 / Fiscal Impact


                      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