1. (a) The health authority shall maintain individual, complete and dated health records in compliance with state statute to include, but not be limited to:

   1. (1) receiving screening form/history;
   2. (2) health evaluation reports;
   3. (3) complaints of illness or injury;
   4. (4) names of personnel who treat, prescribe, and/or administer/deliver prescription medication;
   5. (5) location where treated; and,
   6. (6) medication records in conformance with section 1216.

2. (b) The physician/patient confidentiality privilege applies to the health care record. Access to the health record shall be controlled by the health authority or designee.

   The health authority shall ensure the confidentiality of each incarcerated person's health care record file (paper or electronic) and such files shall be maintained separately from and in no way be part of the person's other jail records. Within the provisions of HIPAA 45 C.F.R., Section 164.512(k)(5)(i), the responsible physician or designee shall communicate information obtained in the course of health screening and care to jail authorities when necessary for the protection of the welfare of the incarcerated person or others, management of the jail, or maintenance of jail security and order.

3. (c) Written authorization by the incarcerated person is necessary for transfer of health care record information unless otherwise provided by law or administrative regulations having the force and effect of law.
4. (d) Incarcerated persons shall not be used for health care recordkeeping.

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.

History

1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Change without regulatory effect (Register 86, No. 32).

3. Change without regulatory effect of subsection (a) (Register 88, No. 17).

4. Editorial correction of printing error in subsections (a)(4) and (5) (Register 91, No. 32).

5. Amendment of subsections (a) and (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).

6. Amendment of subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).

7. Amendment of section heading and subsections (a)(2), (b), (c) and (d) filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).

8. Amendment of subsections (b)-(d) filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).