05
SB204/AP
Senate
Bill 204
By: Senators Kemp of the 46th, Thomas of the 54th, Zamarripa of the 36th, Goggans of the 7th, Unterman of the 45th and others
By: Senators Kemp of the 46th, Thomas of the 54th, Zamarripa of the 36th, Goggans of the 7th, Unterman of the 45th and others
AS
PASSED
AN
ACT
To
amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating
to health records, so as to provide that any provider may create, maintain,
transmit, receive, and store records in an electronic format; to provide
conditions; to provide for legal rights and responsibilities; to provide for
tangible copies of records; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
33 of Title 31 of the Official Code of Georgia Annotated, relating to health
records, is amended by inserting at the end thereof the following:
"31_33_8.
(a)
Notwithstanding any other provision of the law to the contrary, any provider
may, in its sole discretion, create, maintain, transmit, receive, and store
records in an electronic format within the meaning of Code Section 10_12_3 and
may, in its sole discretion, temporarily or permanently convert records into an
electronic format.
(b)
A provider shall not be required to maintain separate tangible copies of
electronically stored records.
(c)
The other provisions of this chapter shall apply to electronic records to the
same extent as those provisions apply to tangible records. This Code section is
subject to all applicable federal laws governing the security and
confidentiality of a patient´s personal health information.
(d)
A tangible copy of a record reproduced from an electronically stored record
shall be considered an original for purposes of providing copies to patients or
other authorized parties and for introduction of the records into evidence in
administrative or court proceedings.
(e)
Except as provided otherwise under federal law, upon receiving a request for a
copy of a record from a patient or an authorized person under Code Section
31_33_3, a provider shall provide copies of the record in either tangible or
electronically stored
form."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.