California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 2 - Rules and Regulations of Health Care Services
Subchapter 2 - Patient's Entitlements and Responsibilities
Article 4 - Access and Disclosure of Health Information
Section 3999.216 - Health Information

Universal Citation: 15 CA Code of Regs 3999.216

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The California Department of Corrections and Rehabilitation (CDCR) shall:

(1) Store, maintain, and destroy patient health information in a secure environment.

(2) Provide access to patient health information to the extent possible.

(3) Retain patient health information for ten years after discharge from CDCR.

(b) Health care records consist of paper-based records, electronic records, and other media that documents the patient's health care and provides a chronological account of a patient's examinations and treatments. Health care records shall be maintained in such a manner which supports the continuity of care.

(c) CDCR staff shall safeguard both the health record and its contents against loss, defacement, tampering, and from disclosure or use by unauthorized individuals.

1. New article 4 (sections 3999.216-3999.219) and section filed 7-1-2019 as an emergency; operative 7-1-2019 (Register 2019, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 3999.216-3999.219) and section refiled 12-5-2019 as an emergency; operative 12-10-2019 (Register 2019, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. New article 4 (sections 3999.216-3999.219) and section refiled 3-9-2020 as an emergency; operative 3-10-2020 (Register 2020, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL 6-8-2020 and filed 7-20-2020 (Register 2020, No. 30).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California; Clark v. California (No. C96-1486 CRB), U.S. District Court, Northern District of California; and Armstrong v. Newsom (No. C94-2307 CW), U.S. District Court, Northern District of California.

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