Print Friendly SENATE BILL NO. 1146 – Patient care records, electronic
SENATE BILL NO. 1146
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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
|||| 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-
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
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-
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
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.
There is no fiscal impact to the General Fund.
Name: Steven A. Millard, Idaho Hospital Association
Phone: 338 5100, ext. 203
STATEMENT OF PURPOSE/FISCAL NOTE S 114